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HomeMy WebLinkAbout08/16/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA AUGUST 16, 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. INVOCATION by Father Craig Harrison, St. Francis Church. 3. PLEDGE OF ALLEGIANCE by Michael Eller, 5th Grade Student at Standard Elementary School. 4. PUBLIC STATEMENTS 5. CONSENT CALENDAR (Ward 4) (Ward 3) (Ward 5) (Ward 4)* . - upon annexation Minutes: a. Approval of minutes of the July 19, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from July 8,2006 to August 3,2006 in the amount of $15,158,280.21 and self insurance payments from July 8, 2006 to August 3, 2006 in the amount of $1,687,564.49. Ordinances: First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-05) of the Municipal Code by changing the zoning from A (Agriculture) to C-1 (Neighborhood Commercial) on 15 acres located at the northwest corner of Snow Road and Coffee Road. (Applicant: SmithTech/USA, Inc. representing Bidart Brothers) (ZC 06-0258) Adoption of Ordinance amending Section 15.82.060 of the Municipal Code relating to the fee for park development and improvement. (FR 07/19106) Adoption of Ordinance amending Municipal Code Section 1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. (FR 07/19106) f. Adoption of Ordinance amending Municipal Code Section 12.16.150 by adding Subsection C relating to the imposition of the street cut workmanship and performance warranty fee. (FR 07/19/06) c. d. e. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-08) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to PUD (Planned Unit Development) on 30.63 acres located on the southwest corner of Ming Avenue and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc.) (ZC 06-0332) (FR 07/19/06) Resolutions: g. h. Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 533 consisting of 52.65 acres located north of Snow Road, west of the Friant-Kern Canal. i. Resolution authorizing submittal of applications for Beverage Container Recycling Grants (Curbside Recycling Program). 5. CONSENT CALENDAR continued j. Changes to salary schedule, new job specification and reclassification: 1. Amendment No.5 to Resolution No. 049-06 setting salaries and related benefits for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Park Services Technician. 2. New job specification for Park Services Technician position. 3. Reclassification of Fleet Services Systems Analyst to Park Services Technician. 4. Deletion of job specification for Fleet Services Systems Analyst. Resolution adding territory, Area 3-50 (Harris, Progress NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-52 (Panama, Mountain Vista SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-61 (Etchart, Verdugo 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. Resolution adding territory, Area 3-49 (Old River, Pacheco 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. Resolution adding territory, Area 4-56 (Kern Canyon, Vineland) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-57 (Vineland, Highlander SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-27 (S Union, Hosking SE#2) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-28 (Planz, Hale SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-48 (Panama, Ashe 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. Resolution adding territory, Area 3-51 (Harris, Mountain Vista 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. Resolution adding territory, Area 5-29 (Hale, Filson 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. Resolution of Intention No. 1474 to add territory, Area 3-53 (Berkshire, Reliance SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1475 to add territory, Area 3-54 (Berkshire, Gosford SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) (Ward 5) (Ward 4) (Ward 5) (Ward 3) (Ward 3) (Ward 7) (Ward 1) (Ward 6) (Ward 5) (Ward 1) (Ward 6) (Ward 5) k. I. m. n. o. p. q. r. s. t. u. v. w. 2 (Ward 6) (Ward 4) (Ward 2) (Ward 1) (Ward 3) (Ward 4) 5. CONSENT CALENDAR continued Resolution of Intention No. 1476 to add territory, Area 3-55 (Panama, Ashe SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1479 to add territory, Area 1-66 (Jewetta, Birchaven SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1480 to add territory, Area 4-59 (Beale, E 18th St SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1481 to add territory, Area 4-60 (E Brundage, Mt. Vernon NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1 . Resolution approving boundary map. 2. Resolution of Intention No. 1473. 3. Amendment No. 1 to Agreement No. 06-083 with Wilson & Associates for assessment engineering consulting services. Verdugo Lane Planned Sewer Area: 1. Resolution of Intention No. 1472 to establish the Verdugo Lane 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. Resolution of Intention No. 1466 to order the vacation of access to vehicular traffic from/to Elm Street from/to 24th Street - south side only. (Thomas Roads - TRIP) Resolution of Intention No. 1477 to order the vacation of a portion of the sewer easement located south of 16th Street between Pine Street and Myrtle Street. Resolution of Intention No. 1478 to order the vacation of the turnarounds at the end of the alleys in Tract 3513 located at the northwest corner of Columbus Street and Christmas Tree Lane. gg. SunGard HTE Computer Software: x. y. z. aa. bb. cc. (Ward 2) dd. (Ward 2) ee. (Ward 3) ff. 1. Resolution determining that SunGard HTE Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. 2. Amendment No.6 to Agreement No. 97-283 with SunGard HTE ($46,110 total) for purchase of Click2Gov Internet Interface for Code Enforcement ($23,920) and QRep Web software ($22,190). hh. BIO-key FireRMS Software: 1. Resolution determining that FireRMS software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. 2. Agreement with BIO-key (not to exceed $110,000) to purchase Fire RMS software. 3. Appropriate $110,000 County Reimbursement to the Information Technology Operating Budget in the General Fund. 3 ",,-.--..---.-..-..-,-.~,-....., ~--'-'''-'--'''~-''-'-'~''''-~" (Ward 3) ii. 5. CONSENT CALENDAR continued Sale of Real Property: 1 . Resolution declaring the real property located north of Mall View Road, east of the East Hills Mall, surplus to the needs of the City. 2. Agreement with Gardens at East Hills, LLC ($279,100) to purchase property located north of Mall View Road, east of the East Hills Mall. (Ward 2,3,4,5) jj. Agreements: (Ward 4)* mm. (Ward 1,2) nn. (Ward 4,5,6,7) 00. pp. (Ward 4) (Ward 2) (Ward 2,4,5) . - upon annexation Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Four Fairways Enclave, LLC for Tract 6243 Phase 1 located at the intersection of Donaldo Street and Via Napoli Drive. 2. Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 1 located at the southwest corner of the intersection of Vista and Pensinger Roads. 2. Final Map and Improvement Agreements with Towery Homes, Inc for Tract 6429 Phase 1 located south of Johnson Road on Renfro Road. 3. Final Map with PAC Park 78, LLC for Tract 6537 located at the intersection of 38th Street and Q Street. kk. Agreement with Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $180,000 for a 12 month term) for Worker's Compensation legal services. (Self Insurance Fund) II. Contributions to Bakersfield Museum of Art and Bakersfield Symphony: 1. Agreement with Bakersfield Museum of Art ($25,000) for FY 2006-07 contribution. 2. Agreement with Bakersfield Symphony ($50,000) for FY 2006-07 contribution. Agreement with Rosedale - Rio Bravo Water Storage District to allow annexation of district properties to the City. Agreement with Rick Maharrey dba Kern County Slow Pitch Softball (not to exceed $45,900) for adult softball program officiating services. Agreement with Wilson & Associates (not to exceed $114,000) to provide specialized continuing disclosure services for various Special Assessment Districts. Agreement with California Water Service Company to engineer and construct a 30" diameter pipeline along Snow Road to deliver Kern River water to the northwest water treatment plant located at Coffee and Norris Roads. Agreement with Adavco Inc. ($76,972) for reimbursement to widen and improve 275 feet of Norris Road adjacent to the City's Water Station L20810cated at the corner of Norris and Coffee Roads. qq. rr. Agreement with Kern Veterans Memorial Foundation, Inc. for the construction and maintenance of the Veterans War Memorial on the southeast corner of Truxtun Avenue and S Street. ss. Tentative Tract Map Processing: 1. Agreement with TPG Consulting (not to exceed $50,000) to assist Planning Division staff with the processing of Tentative Tract Maps. Agreement with Kronick Moskovitz Tiedemann & Girard (not to exceed $75,000) to provide legal services for acquisition of right of way for the construction of the Westside Parkway. tt. 4 (Ward 7) (Ward 3) (Ward 7) (Ward 4) (Ward 3) (Ward 2) (Ward 3,6) (Ward 2) (Ward 6) (Ward 1,3) (Ward 2) (Ward 2) (Ward 3) 5. CONSENT CALENDAR continued uu. Agreement with Ennis Land Development ($45,400) for reimbursement to construct the north half of Loudon Street adjacent to Loudon School. w. State Route 178 Interchange at Fairfax Road: 1. Amendment NO.1 to Agreement No. 02-062 with Parsons Brinckerhoff Quade & Douglas, Inc. ($289,517; total contract $1,275,081) to revise the time of completion, construction plans and scope of work. 2. Appropriate $290,000 Transportation Development Fund balance to the capital improvement budget to fund this amendment. ww. Amendment NO.1 to Agreement No. 05-278 with T.Y. Lin International ($96,642; total contract $330,762) for engineering services on White Lane at State Route 99 eastbound to southbound on-ramp construction. xx. Assignment of Cable Television Franchise: 1. Amendment NO.1 to Agreement No. 95-229 regarding assignment of cable television franchise from CoxCom, Inc. to Cebridge Acquisitions, LP. 2. First Reading of Ordinance amending Section 5.48.020 of the Municipal Code relating to franchise rights. yy. Amendment NO.1 to Agreement No. 99-330 with Maxoil, Inc. allowing assignment of the license and rights to Matrix Oil Corporation. ZZ. Amendment NO.8 to Agreement No. 98-222 with SunGard HTE, Inc ($152,795.83) for service support of licensed software. aaa. Contract Change Order NO.6 to Agreement No. 06-028 with Granite Construction Co. ($342,808); revised not to exceed $6,429,218) for N. Chester Avenue Bridge over the Kern River replacement. Bids: bbb. Reject bid for furnishing and installing three (3) two-post lifts for Fleet Services. ccc. Reject bid for seven (7) front loader refuse trucks with packer bodies. ddd. Extend bid from South Coast Fire Equipment ($1,605,791.55) for one (1) replacement tractor-drawn aerial truck and two (2) replacement 1500 GPM Fire Pumper Trucks. eee. Accept bid from Noritsu America Corporation ($63,181.92) for one (1) digital dry printer. fff. Accept bid from SHI ($63,726.23) for replacement of IBM Servers and related equipment. ggg. Accept bids for McCutchen/Gosford Sewer Lift Station Project: 1. Accept bid from ABS Pump, Inc. ($285,996) for purchase of five (5) pumps. 2. Accept bid from Biorem Environmental Inc. ($175,000) for purchase of odor control system. hhh. Award Agreement to Meyer Civil Engineering, Inc. ($206,125) for final design of new sewer trunk line to Wastewater Treatment Plant NO.2. iii. Accept bid and award contract to Irwin Seating Company ($423,724.02) for installation of auditorium seating at the Convention Center. jjj. Accept bid from Comp USA ($43,713) for televisions for Rabobank Arena Concourse. Miscellaneous: kkk. Memorial Grove on Manor Street to be officially named San Miguel Grove. 5 5. CONSENT CALENDAR continued III. Assessment District and related Public Financing Authority (PFA) Bond Call: 1. Appropriate $2,351,967 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA Bonds. mmm. Appropriate $10,000 mini-grant from First 5 Kern to the Recreation & Parks Department Operating Budget to provide swim lessons and recreational swimming at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street. nnn. Appropriate $1,000 contribution from Council member Irma Carson to the Recreation & Parks Department Operating Budget for a field trip during the 2006 Camp King program held at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street. 000. Revised job specification and reclassification: 1. Revised job specification for Associate Planner. 2. Reclassification of Assistant Planner (1 position) to Associate Planner. Staff recommends adoption of Consent Calendar items a through 000. CONSENT CALENDAR HEARINGS (Ward 1) (Ward 1) (Ward 3) (Ward 4)* 6. . - upon annexation a. Public Hearing to consider General Plan AmendmenVZone Change 05-1377 and Amendment to Specific Parks and Trails Plan for Northeast Bakersfield; Dunmore Communities, representing Malladi S. Reddy (property owner) has applied for a general plan amendment and zone change on 130 acres located at the northwest corner of Morning Drive and Paladino Drive and, an amendment to the Specific Parks and Trails Plan for Northeast Bakersfield. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space-Slopes) on 2.7 acres to LR on 110.4 acres and OS (Open Space) on 19.7 acres, establishing Specific Plan Lines for three unnamed collectors, revising Bikeway Master Plan to designate Class 3 bike routes along the proposed collectors, and adopting Specific Parks and Trails Plan for Northeast Bakersfield amendment to designate Class 3 bike routes along proposed collectors. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres, R-1-HD (One Family Dwelling-Hillside Development Combining) on 10.2 acres, A (Agriculture) on 30.5 acres, and A-HD (Agriculture- Hillside Development Combining) on 10.1 acres to R-1 on 84.8 acres, R-1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1932; SmithTech/ USA, Inc. representing Bidart Brothers (property owner) has applied for a general plan amendment and zone change on 65 acres located on the east and west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 25 acres and LR (Low Density Residential) on 40 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 & 102-05 from A (Agriculture) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 25 acres and R-1 (One Family Dwelling) on 40 acres. b. 6 (Ward 6)* 6. CONSENT CALENDAR HEARINGS continued c. Public Hearing to consider General Plan Amendment/Zone Change 05-0519; Mcintosh & Associates representing Santa Barbara Capital (property owner) has applied for a general plan amendment and zone change on 466.84 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and Y2 mile west of Ashe Road (future Reliance Drive) to the west. (Staff recommends adoption of resolutions and give first reading of ordinance.) 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 05-0519/Annexation No. 503. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 142-03 & 142-04 from A (Agriculture) to R-1 (One Family Dwelling) on 275.25 acres, from A to R-1/PUD (One Family Dwelling/Planned Unit Development) on 181.81 acres, and from R-S-20A (Residential Suburban 20-acre Minimum Lot Size) to R-1 on 9.78 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1917; Marino/ Associates representing Taft 28 LLC (property owner) has applied for a general plan amendment and zone change on 28.87 acres, located on the southwest corner of Taft Highway and Ashe Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 28.87 acres. 2. First Reading of Ordinance approving the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from E(20)-RS (Estate-20 acres- Residential Suburban Combining) to R-2 (Limited Multiple Family Dwelling) on 28.87 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1918; Marino/ Associates representing KC Taft Gosford (property owner) has applied for a general plan amendment and zone change on 18.43 acres located on the southeast corner of Taft Highway and Gosford Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1 . Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 18.43 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/Church Overlay) on 18.43 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1479; Mcintosh & Associates and Centex Homes representing Kevin Earl Pascoe and Laura Cregger Pascoe (property owners) have applied for a general plan amendment and zone change on 8.92 acres located north of Taft Highway (State Route 119) between Stine Road and Ashe Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to LR (Low Density Residential) on 8.92 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (Single Family Residential) on 8.92 acres. (Ward 6)* (Ward 6)* (Ward 6)* * - upon annexation d. e. f. 7 (Ward 1)* (30 min) (Ward 1)* (Ward 4)* 6. CONSENT CALENDAR HEARINGS continued g. Public Hearing to consider General Plan Amendment/Zone Change 05-1783; Mcintosh & Associates, representing Fairfax Holdings (property owner) has applied for a general plan amendment and zone change on 89.5 acres located on the west side of Fairfax Road, south of Redbank Road. An appeal of the Planning Commission decision was submitted by Mcintosh and Associates. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from RR (Rural Residential), SR (Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential) on 89.5 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-11 & 124-12 from R- S-1A (Residential Suburban-1 acre Minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban-2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources-5 acres) to R-1 on 5 acres. CLOSED SESSION a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(C) of Government Code section 54956.9. (One case regarding claim of Minnie Jung.) RECESS HEARINGS a. Continued 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 Roger A. Mcintosh. (Continued from OS/24106 meeting.) 1. Resolution the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52.29 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres. Staff recommends adoption of resolution and give first reading to ordinance. b. Public Hearing to consider General Plan Amendment/Zone Change 05-1928; Porter Robertson Engineering representing Todd Sweaney (property owner) has applied for a general plan amendment and zone change on 38.86 acres located at the northeast corner of Snow Road and Jewetta Avenue (future). An appeal of the Planning Commission decision was submitted by Harold W. Robertson. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource- Intensive Agriculture) and ER (Estate Residential) to SR (Suburban Residential) on 38.86 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to E (Estate Residential) on 38.86 acres. Staff recommends adoption of resolution and give first reading of the ordinance. 7. 8. * - upon annexation 8 (Ward 4)* 8. HEARINGS continued c. (Ward 5/6)* (Ward 1) * - upon annexation Continued 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 and zone change on 90 acres, located at the east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal. (Continued from 05124/06 & 06/07/06 meetings.) 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. Public Hearing to consider General Plan Amendment/Zone Change 05-1947; Banducci Land, LLC. (property owner) has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission's decision was submitted by Brent Dezember. 1. Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to R-1 (One-Family Dwelling) on approximately 46 acres. Staff recommends a continuance of this item to August 30, 2006. d. Public Hearing to consider General Plan Amendment/Zone Change 05-1887; Marino/ Associates, representing Me' Heinemann and Jack & Nuha Haddad, (property owners), has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment of Title 17 of the Municipal Code and amendment to Zoning Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to P.U.D. (Planned Unit Development) on 39.29 acres. Staff recommends adoption of resolutions. e. 9 9. COUNCIL AND MAYOR STATEMENTS 10. ADJOURNMENT Respectfully submitted, ~w~<>- ~ M Alan Tandy City Manager 8/10/06 11 :40am 10 AGENDA HIGHLIGHTS AUGUST 16,2006 COUNCIL MEETING CONSENT CALENDAR Ordinances Item 5c. First Readina of an Ordinance Amendina the Municipal Code by Chanaina the Zonina from A (AQriculture) to C-1 (Neiahborhood Commercial) on 15 Acres Located at the Northwest Corner of Snow Road and Coffee Road. The reason for the request is to bring the zoning into conformance with the GC (General Commercial) General Plan Land Use designation on the subject property. The site is proposed for neighborhood commercial uses. The project site is currently in the process of annexation, which is expected to be completed in approximately 12 to 18 months. On May 18, 2006, the Planning Commission recommended adoption by the City Council. No one spoke in opposition to the project. Staff also recommends approval of the zone change. Resolutions Item 5dd. Resolution of Intention to Close Access to Vehicular Traffic from/to Elm Street from/to 24th Street - south side only. As part of the Thomas Roads Improvement Program (TRIP), an interchange off SR99 will be constructed and Elm Street will be closed off at a location that is still to be determined. The residents on Elm Street petitioned to temporarily close traffic access now by placing pre-cast concrete barriers across Elm Street at 24th Street. When the exact location of the cul-de-sac is known, a permanent closure will be built as part of the TRIP Project. This is only a street closure; no street right-of-way is being vacated. No objections have been received to date. The proposed closure was approved by the Planning Department on June 22, 2006 and was found to be consistent with the 2010 General Plan. This Resolution sets the Public Hearing date for the regular Council meeting of September 13, 2006. Item 5;;. Sale of Real Property Located North of Mall View Road. East of the East Hills Mall to Gardens at East Hills. LLC. in the amount of $279.100. In 1989, the State of Califomia relinquished two drainage retention basins south of Hwy. 178 at Mt. Vernon and Oswell to the City. The new owner of the East Hills Mall is asking to purchase 3.92 acres of the eastern drainage basin to facilitate the expansion of their shopping center. In order for the City to find the property surplus to our needs. the buyer will be required to reconstruct the basin in accordance with plans approved by the City and Cal Trans. Aareements Item 511. Aareements with Bakersfield Museum of Art ($25.000) and Bakersfield Symphony ($50.000). These agreements provide for payments pursuant to funding approved by the City Council in the FY 2006-07 budget. The contribution to the Museum of Art in the amount of $25,000 is in support of their visual arts outreach through the Art Smart program and to expand the Museum on the Move mobile museum. The contribution to the Symphony in the amount of $50,000 is for their use of the Rabobank Theater or Bright House Amphitheater for concerts. The agreement terms and amounts are the same as last year's contracts. Agenda Highlights August 16. 2006 Page 2 Item 5rr. AQreement with Kern Veterans Memorial Foundation. Inc. for Construction and Maintenance of the Veterans War Memorial on the Southeast Corner of Truxtun Avenue and S Street. Terms of the agreement specify that the Foundation is responsible for design and construction of the Memorial and non-routine maintenance, once completed. The City would be responsible for routine annual maintenance at a annual cost of $15,000, which includes electricity for security lighting and pump, water for irrigation and water feature, and staff costs. Item 5vv. Amendment No. 1 to Aareement No. 02-062 with Parsons Brinckerhoff Quade & Doualas. Inc. (PBQD) to Revise the Time of Completion. Construction Plans and Scope of Work for the State Route (SR) 178 InterchanQe at Fairfax Road in the amount of $289.517, for a new total contract amount of $1.275.081. The original contract called for the completion of this work by November 30, 2002; however, it also stated that PBQD would be provided the interchange configuration, horizontal and vertical alignments, and a draft of the initial Project Report (PR) which contains preliminary studies regarding design of the project. Cal Trans told the City that this interchange configuration was not approved, so PS&E work stopped until this configuration was analyzed, reviewed and approved by Cal Trans, which delayed the project for three years. The delay resulted in additional work, including changes to construction drawings already prepared; the change of a number of Cal Trans standards. causing additional plan revisions; and overall increased costs due to inflation. The scope of work is being increased to include the design of a traffic signal at the intersection of Auburn Oaks Drive and Fairfax Road, which is necessary to provide adequate access to the United States Post Office Hillcrest Mail Facility, whose current access to Auburn Street is required to be closed in order to construct the interchange project. The project is currently 90% complete. It is expected that Cal Trans will give final approval late this year, with bidding in early 2007 and construction beginning spring or summer of 2007. This Amendment will revise the time of completion to November 30, 2008, and revise the plans and scope of work, as listed, above. Item 5ww. Amendment NO.1 to Aareement No. 05-278 with T.Y. Lin International for Enaineerina Services on White Lane at State Route 99 Eastbound to Southbound On-ramp Reconstruction in the amount of $96.642. for a total contract amount of $330.762. On July 20, 2005 the City entered into an agreement with T.Y. Lin International for Engineering Services for preparation of Plans, Specification and Estimates (PS&E) for White Lane at State Route 99 Eastbound to Southbound on-ramp reconstruction. Due to the complexity of this project, Cal Trans is requiring additional project approval documents be prepared to support the design of the new on-ramp. In addition, an existing gas main which parallels the existing right of way will not allow for standard designs for a retaining wall at the right of way and will also require additional right-of-way easements which were not part of the original scope of work. T.v. Lin International has agreed to modify their scope of work to include these additional required items for an increase in compensation of $96,642. Bids Item 5ddd. Extend Bid from South Coast Fire Equipment for One (1) Replacement Tractor-drawn Aerial Truck and Two (2) Replacement 1500 GPM Fire Pumper Trucks in the amount of $1.605.791.55. The original agreement in 2002 provided that the City could purchase additional units at the same per unit cost for an additional seven years, with price adjustments due to increases in the Consumer Price Index and modifications to specifications. The cost for each vehicle has increased since 2002 due to these factors. Agenda Highlights August 16. 2006 Page 3 Miscellaneous Item 5kkk. Memorial Grove on Manor Street to be OfficiallY Named San Micuel Grove. The grove was not given a name at the time of dedication. History indicated that Father Garces christened the nearby Native American village "Rancheria San Miguel de los Noches". The Community Services Committee voted unanimously to officially name the Memorial Grove "San Miguel Grove". Item 5111. Assessment District and Related Public Financina Authority (PFA) Bond Call. Various bond calls are scheduled for September, 2006. This action aligns the budget to maintain compliance with fiduciary responsibilities. Staff recommends appropriating $2,351,967 fund balances to operating budgets within various special assessment funds and PFA debt service funds. Item 5mmm. Appropriate Two $5.000 Mini-Grants from First 5 Kern to the Recreation and Parks Department Operatina Budaet to Provide Swim Lessons and Recreational Swimmina at the Dr. Martin Luther Kina, Jr. Community Center. These grants will address the following objectives: 1) opportunity to gain basic swimming skills; 2) learn safe water techniques; 3) increase access and availability to a supervised pool; 4) recreational, fitness and social opportunities; and 5) improve the lives and conditions of children 0 - 5 years old. Approximately 500-600 will benefit from the program. The grants will apply to the 2007 spring and summer season. Item 5nnn. Appropriate $1,000 Contribution from Councilmember Irma Carson to the Recreation and Parks Department Operatinc Budaet for a Field Trip Durina the 2006 Camp Kina Proaram held at Dr. Martin Luther Kina. Jr. Community Center. Councilmember Carson contributed $1,000 to the Camp King program. Forty eight children, aged 6 - 12 years. participated in the program. CONSENT CALENDAR HEARINGS The Planning Commission conducted public hearings on the Consent Calendar Items 6a. through 6f. on June 15, 2006. No individuals or agencies present at the hearings opposed the requests and the applicants agreed to all conditions and mitigation for the projects. Item 6a. Public Hearina to Consider a General Plan Amendment and Zone Chance on 130 Acres Located at the Northwest Corner of Mornina Drive and Paladino Drive. and Amendment to Specific Parks and Trails Plan for Northeast Bakersfield. Dunmore Communities, representing Malladi S. Reddy (property owner), proposes development of approximately 390 single-family residential units and preservation of the majority of the hillsides with 8% slope or greater within the site. Item 6b. Public Hearina to Consider a General Plan Amendment and Zone Chance on 65 Acres Located on the East and West Sides of Coffee Road. South of Etchart Road. and West of the Beardsley Canal. SmithTech/USA, Inc. representing Bidart Brothers (property owner). proposes development of approximately 430 single-family homes on the site, upon annexation. Item 6c. Public Hearina to Consider a General Plan Amendment and Zone Chanae on 466.84 Acres Generally Bounded by Taft Hiahway (State Route 119) to the North. Stine Road to the East. Encle Road to the South. and }'2 Mile West of Ashe Road (future Reliance Drive) to the West. Mcintosh & Associates representing Santa Barbara Capital (property owner) proposes development of approximately 2,334 single-family residential units on the site, upon annexation. In accordance with CEOA, an EIR was prepared. Additionally, the project will result in a permanent loss of approximately 444 acres of prime agricultural land, 16.41 acres of which are under a Williamson Act land use contract. This is considered a significant and unavoidable impact for which there are no feasible mitigation measures; therefore, adoption of a statement of overriding Agenda Highlights August 16. 2006 Page 4 considerations would be required in order to approve the project. Determinations regarding the appropriateness of agricultural conversion proposals are at the discretion of the City Council. Although a Notice of Non-Renewal has been filed, the term of the contract will not expire until December 31, 2014. Cancellation of the Williamson Act land use contract will be processed through the County of Kern. Item 6d. Public Hearinc to Consider a General Plan Amendment and Zone Chance on 28.87 Acres, Located on the Southwest Corner of Taft Hiahwav and Ashe Road. Marino/Associates, representing Taft 28 LLC (property owner), proposes development of 400 multiple-family residential dwelling units on the site. Item 6e. Public Hearinc to Consider a General Plan Amendment and Zone Chance on 18.43 Acres Located on the Southeast Corner of Taft Hichwav and Gosford Road. Marino/Associates, representing KC Taft Gosford (property owner), proposes development of 321 multiple-family residential dwelling units on the site. Item 6f. Public Hearinc to Consider a General Plan Amendment and Zone Chance on 8.92 Acres Located North of Taft Hichwav (State Route 119) between Stine Road and Ashe Road. Mcintosh & Associates and Centex Homes, representing Kevin Earl Pascoe and Laura Cregger Pascoe (property owners), propose development of 44 single-family residential units on the site. Item 6g. Public Hearinc to Consider a General Plan Amendment and Zone Chance on 89.5 Acres Located on the West Side of Fairfax Road. South of Redbank Road. This amendment would permit the development of single-family residential units on the site. The Planning Commission recommended approval on June 15, 2006 with the condition requiring off-site frontage improvements on the south half of Redbank Road. Mcintosh and Associates, on behalf of Fairfax Holdings, L.P., the property owner, was in opposition to the recommended condition of approval, citing that this requirement was placed at the last minute without making the necessary findings to justify off-site improvements. He added that these improvements are approximately 1,000 feet in length and will amount to approximately $250,000 that will benefit others. Subsequently, the Public Works Department recommends modifications to a condition requiring the City to compact the upper 2~ feet of the Northeast Sewer trunk line trench along Redbank Road following construction, and to reconstruct the south ~ foot of the existing roadway to current standards that will lessen the burden to the applicant. Therefore, the matter has been resolved. Council will adiourn to Closed Session. then take a brief recess CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation. HEARINGS Item Sa. Continued Public Hearinc to Consider a General Plan Amendment and Zone Chance on 52.29 Acres Located West of Cottonwood Road. between East Panama Lane and Pacheco Road. This project was continued from the May 24, 2006 City Council meeting. The Planning Commission voted to deny the project and the applicant appealed that decision. Staff's original recommendation was for denial based upon potential odor impacts from the poultry farm located across Cottonwood Road. The owner of Farmer John Egg Company, (owner of the poultry farm) expressed concern about a residential development across the street from his poultry farm. Agenda Highlights August 16, 2006 Page 5 Staff met with the applicants regarding street and lot design, and potential significant odor "thresholds." The new design now depicts an area in the southeast portion in which there would be no habitable structures. Non-residential uses such as landscaping, street, walls and drainage sumps will be permitted within the area where odor impact is projected to be the greatest. Staff believes the odor issue has been resolved and now recommends approval. Item Bb. Public Hearina to Consider a General Plan Amendment Zone Chance on 38.86 Acres Located at the Northeast Corner of Snow Road and Jewetta Avenue (future). Porter Robertson Engineering, representing Todd Sweaney (property owner), applied to change land use designations from R-IA and ER to SR on 32.07 acres north of the Calloway Canal. A portion of the acreage was proposed for commercial development. The Planning Commission held a public hearing on June 15, 2006. Planning staff recommended the canal and areas south of it be zoned C-1/PCD, because the site met the land use element's minimum commercial acreage and location standards. Additionally, this portion has an irregular shape and will incur substantial street right-of-way costs. The applicant objected to offsite street improvements between the project site and the Friant-Kern Canal, but otherwise concurred with the staff report. Dennis McLean, opposed the commercial use and expressed concems regarding the land use conflicts with abutting houses, increased traffic, and crime. He also felt the presence of the (open) canal limited the amount of variety of commercial development that could occur in the proposed C- 1/PCD portion of the property. The Planning Commission voted 4-1 to make the entire property residential. The proposal, as recommended by the Planning Commission, would allow the development of 66 single-family dwellings north of the Calloway Canal, and approximately 10 units south of the canal alignment. No agencies opposed the request. The applicant has appealed. Staff recommends denial of the appeal. Item Be. Continued Public Hearinc to Consider a General Plan Amendment and Zone Chance on 90 Acres Located on the East Side of Coffee Road, North of Snow Road. and West of the Beardsley Canal. This item was considered by Council on May 24, 2006, when it was continued to June 7, 2006, at which time the item was continued to the next GPA cycle at the request of the applicant. Councilmember Couch and staff met with the applicant and neighborhood property owners. which resulted in additional conditions to the project. These conditions, as listed in the administrative report, have been added to the resolution recommending approval. Item Bd. Public Hearinc to Consider a General Plan Amendment and Zone Chance on Approximately 46 Acres Located at the Northwest Corner of Gosford Road and McKee Road (future). Upon annexation into the City, the proposal would allow for the development of approximately 181 single-family homes on the 46-acre project site. The Planning Commission recommended approval to the City Council on July 6, 2006. Anna Dezember, representing StructureCast, a precast concrete manufacturing facility to the north of the site, stated that StructureCast is concerned that the incompatibilities between their operations and the proposed residential development have not been adequately addressed. Three recently approved General Plan Amendment/Zone Change proposals for residential development in the immediate vicinity have been approved by the City. Although the conditions of approval imposed on these three projects by the City Council were similar, they were tailored for each project in accordance with site-specific considerations. Subsequent to the Planning Commission hearing, staff has re-reviewed the conditions of approval imposed by Council on these three proposals. Based upon this review, staff recommends the addition of a condition requiring the applicant to reimburse StructureCast for up to $20,000 for any sound muffling that they may elect to Agenda Highlights August16,2006 Page 6 construct on or around their concrete batch plant; a similar condition was imposed on all three projects for the StructureCast facility. StructureCast's preference is to prohibit residential lots within the buffer area. The Planning Commission believes that it would be premature to impose such a restriction at this time; rather, they recommend that the 100-foot habitable residential structure setback be imposed and that further details regarding the ultimate lot and street configuration be addressed at the tract map review stage. Brent Dezember, on behalf of StructureCast, filed an appeal to this decision due to their concern that the proposal, as recommended by the Commission, does not include an adequate buffer to protect their current industrial facility. Staff believes that the long-term compatibility of the proposed residential development with StructureCast's operations would be enhanced if residential lots are excluded within the setback area. The applicant and property owner, Banducci Land, LLC, has requested a continuance of this item to August 30, 2006 to allow more time to research the issues. Item 8e. Public Hearina to Consider General Plan Amendment and Zone Chance on 39.29 Acres Located on the Southwest Corner of East Planz Road and Washinaton Street (future). The proposal by Marino/Associates, representing Mel Heinemann, and Jack and Nuha Haddad, the property owners, would allow for the development of 290 detached residential units, a public park, and a drainage sump on the site. The majority of the project site lies within the ;4-mile buffer area for the City of Bakersfield's Wastewater Treatment Plant No.2, established by the Public Works Department to prevent the development of odor-sensitive land uses, including residential development, in close proximity to this facility. Additionally, the treatment plant is considered a heavy industrial use facility that is not compatible with residential uses. Ponds and lagoons could pose a significant nuisance and hazard to any non-industrial use within close proximity. The applicant presented an alternative proposal to the Planning Commission, consisting of residential development and a drainage sump within the southern half of the project site. Although residential development would be set back further from the treatment plant under the alternative proposal, residential development would encroach into the ;4- mile buffer area. The Planning Commission recommended denial to the City Council, and staff concurs. No individuals or agencies present at the hearing opposed the request. The applicant subsequently submitted a letter requesting a continuance to give them more time to reach a resolution. Staff agrees with that req uest. Approved: John W. Stinson, Assistant City Manager ~ cc: Department Heads Rhonda Smiley, Public InfonTIation Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: 5. ct.. TO: APPROVED DEPARTMENT_HEAD~ CITY ATTORNEY CITY MANAGER ~ SUBJECT: Approval of minutes of the July 19, 2006 Council Meeting. Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk DATE: August 4,2006 RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5: b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED August 3, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from July 8, 2006 to August 3, 2006 in the amount of $15,158,280.21 and self insurance payments from July 8, 2006 to August 3, 2006 in the amount of $1 ,687,564.49. RECOMMENDATION: Staff recommends approval of payments totaling $16,845,844.70. BACKGROUND: RAR August 4. 2006. 7:59AM S:\Kim G\Forms & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. c. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY Stanley C. Grady, Development Services Director July 24, 2006 CITY MANAGER ólAlZ.::> SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-05) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to C-1 (Neighborhood Commercial) on 15 acres located at the northwest corner of Snow Road and Coffee Road (ZC 06-0258 SmithTech/USA, Inc. representing Bidart Brothers) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On May 18, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from an A (Agriculture) zone to a C-1 (Neighborhood Commercial) zone on 15 acres. The reason for the request is to bring the zoning into conformance with the GC (General Commercial) General Plan Land Use designation on the subject property. The site is relatively flat and currently contains orchards. The site is proposed for neighborhood commercial uses. No one spoke in opposition to the project at the Planning Commission hearing. The applicant states the zone change is to provide retail commercial uses for the utilization of the nearby residences and community. The proposed zone change would promote orderly development by providing an adequate variation of retail establishments and services that conveniently serve the needs of residents in the immediate neighborhood and community. The proposed zone change is consistent with the site's General Plan Land Use designation of General Commercial. The General Plan identifies the land uses "generally" and the adoption of the zone change is based on actual legal descriptions. The project site is currently in the process of annexation to the City of Bakersfield as Snow No. 17, Annexation No. 563. The annexation is expected to be completed in approximately 12 to 18 months. Although no plans have been submitted, development of the project will be subject to conditional Site Plan Review approval for the commercial shopping center. Site Plan Review conditions will include, but not limited to, parking, landscaping, and perimeter walls. ADMINISTRATIVE REPORT Page 2 Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment of existing residential development in the area, therefore a Negative Declaration was prepared and advertised. An air quality study, cultural resources survey, and traffic impact evaluation were prepared for the project. Mitigation measures are included in the conditions of approval to reduce impacts to less than significant. Staff recommends approval of the zone change. MA\S:\Admin\6-18-0258 ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: C. d, TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ß7!LVED P1r4 ((hJ? June 20, 2006 SUBJECT: Adoption of an Ordinance Amending Section 15.82.060 of the Bakersfield Municipal Code Relating to the Fee for Park Development and Improvement. RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: First reading of the Ordinance was given on July 19, 2006. This revision would allow the Fee for Park Development and Improvement to be automatically adjusted by the Construction Cost Index (CCI), which is the ENR Annual Construction Cost Index (Los Angeles) as published by Engineering News Record, McGraw-Hili Coso Each fiscal year, the Public Works Director submits to the City Council a revised fee schedule regarding the fee amount to be collected for each new dwelling unit. This Amendment will allow the fee to be automatically adjusted by the CCI on an annual basis. Also, the fee schedule can be further adjusted to reflect all costs incurred for park development, improvement, or enhancement. All revisions to this fee, including those resulting from the CCI and/or other adjustments, shall be adopted by resolution of the City Council following a noticed public hearing. This ordinance change will change how tracts now vest under the Fee for Park Development and Improvement. New tracts will vest under the park development fee in effect when the tentative map application is deemed complete, as adjusted by the CCI. G:\GROUPDA T\ADMINRPT\2006\08-16\Park Development Fee.doc GL ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ã. e. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER 6l.J7 July 20, 2006 SUBJECT: Adoption of an Ordinance amending Bakersfield Municipal Code Section §1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. (Ward 3). RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The City Council conducted the first reading on July 19, 2006. The Ordinance amends the ward boundary to include Annexation No. 485 into the corresponding Council Ward. The annexation was approved by LAFCO on December 27,2005. Annexation No. 485 is located south of Meany Avenue, approximately 300 feet west of Patton Way. The site consists of 7.31 acres of land. The site is currently vacant. The property owner has requested annexation to receive city services. DL S:\Annexation\Ordinances\Admin Draft 8-16-06,485 Ann.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5.-f. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director Ag~ROVED DEP:MA:::::: Jir CITY MANAGER 6Zv7 May 9, 2006 SUBJECT: Ordinance amending Bakersfield Municipal Code Section 12.16.150 by adding Subsection C relating to the imposition of the Street Cut Workmanship and Performance Warranty Fee. RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: Bakersfield Municipal Code Section 12.16.150 requires that all permits issued under the requirements of this Chapter be charged a nonrefundable workmanship and peñormance warranty fee to the City. All payment warranty fees received are expended solely for the purpose of maintaining the workmanship and performance of City streets. The proposed amendment to the ordinance will require that the Street Cut Workmanship and Peñormance Warranty Fee be adjusted annually by the ENR Annual Construction Cost Index (Los Angeles), as published by Engineering News Record. The proposed ordinance change also allows this fee to be re- evaluated to account for any items that affects the fee, such as new federal, state or local regulations. First reading of the ordinance occurred on July 19, 2006. mps G:\GROUPDAT\ADMINRPT\2006\08-16\Pavement Fee.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. q. u August 4, 2006 CITY ATTORNEY CITY MANAGER APPROVED Ý ¿/¡; ~ TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No.123-08) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-2 to P.U.D located on the southwest corner of Ming Avenue and Gosford Road. (ZC 06-0332 - Mcintosh & Associates representing Castle & Cooke California, Inc.) (VVard 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on July 19, 2006. On May 18, 2006, the Planning Commission held an advertised public hearing on this zone change request and continued the request to the June 1, 2006 public hearing. At the June 1, 2006 meeting, the Planning Commission recommended adoption by the City Council. The zone change request consists of changing the zoning from R-2 (Limited Multiple Family Dwelling) zone to a P.U.D (Planned Unit Development) zone on 30.63 acres. The reason for the request is to allow innovative residential design of 217 homes with specific standards that meet the requirements of public health, safety and welfare. The site is currently undeveloped. Two people spoke in opposition to the project at the May 18, 2006 public hearing, and the same two people spoke in opposition at the June 1, 2006 public hearing. Their concerns were increased traffic and traffic noise from the project. The project has received conditional Site Plan Review approval for 217 units, with 97 single family residences built on 46'x72' lots, and 120 single family residences designed in six-unit clusters with common landscaping and zero-lot line property borders. Site Plan Review conditions address parking, landscaping, perimeter walls and traffic. The project is a gated community that includes a private park with a recreation center and pool, and an additional pocket park for residents to utilize. August 8, 2006, 8:52AM PE / S:\Danaladmin\2006\Aug\8-16-0332.doc ADMINISTRATIVE REPORT Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Staff recommends approval of the zone change. pe August 8, 2006, 8:52AM PE / S:\Dana\admin\2006\Aug\8-16-0332.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5: ---t.. . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEADØ~ CITY ATTORNEY ~ CITY MANAGER ' óli1.:> July 17, 2006 SUBJECT: Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 533 consisting of 52.65 acres located north of Snow Road, west of the Friant Kern Canal. NVard 4). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexation identified as Annexation No. 533 consists of 52.65 acres of land. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owners have consented to annexation. The proposal is to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL: \S:\Annexation\Res of AppliclAdmin Draft 8-16-06 533.doc .~ ~ ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. /. TO: Honorable Mayor and City Council Raul Rojas, Public Works Director ~OVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER 6lð.5 FROM: DATE: July 31, 2006 SUBJECT: Curbside Recycling Program: Resolution authorizing submittal of applications for Beverage Container Recycling Grants. (Citywide) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Under the California Beverage Container Recycling and Litter Reduction Act, the California Department of Conservation administers grant programs to assist organizations with establishing convenient beverage container recycling and litter abatement projects, and to encourage market development and expansion activities for beverage container materials. Two grants are currently available to supplement the City's Curbside Recycling Program. The Beverage Container Recycling Grant would provide funding for the purchase of additional blue recycling carts. The Market Development & Expansion Grant would provide funding for the purchase of processing equipment to sort higher quality beverage container material from the mixed recyclables. Both grants would enable the City to improve upon our current rate of recycling. (mm) August 1, 2006, 4:32PM S:\DOC Recycling Grants\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5.'. FROM: Honorable Mayor and City Council ~ Carroll Hayden, Human Resources Man,ager APPROVED DEPARTMENT HEAD (JjJS CITY ATTORNEY -i!:-:-- CITY MANAGER C51t5 TO: DATE: July 31,2006 SUBJECT: Changes to Salary Schedule, New Job Specification and Reclassification 1. Amendment NO.5 to Resolution NO.049-06 Setting Salaries and Related Benefits for Employees of the Blue and White Collar Units and Adopting Salary Schedule and Related Benefits for Park Services Technician 2. New Job Specifications: Park Services Technician 3. Reclassification: Fleet Services Systems Analyst to Park Services Technician 4. Delete Job Specification: Fleet Services Systems Analyst RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the Director of Recreati.on and Parks, the new job specification for Park Services Technician has been developed to replace the Fleet Services Systems Analyst. This position was transferred from Fleet Services in the Public Works Department to the Recreation and Parks Department on February 22, 2005. The duties have changed and the new job specification reflects the current responsibilities and minimum requirements. The Fleet Services Systems Analyst job specification will be deleted and the incumbent will be reclassified to Park Services Technician. There is no budgetary impact as the salary range will remain the same. CCAPE concurs with the proposed changes. The revised job specification will be presented to the Miscellaneous Civil Service Board at their August 15, 2006 meeting. S:\ADMINRPT\Park Svcs Tech.doc 7/31/20063:44 PM . ..........".~~'~'-_.~=~ ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: !J. K. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: July 31,2006 SUBJECT: Resolution adding territory, Area 3-50 (Harris, Progress NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1361 to add territory, Area 3-50 (Harris, Progress NW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6363. Area 3-50 is generally bounded by the Southern Pacific Railroad on the north, the Sunset Railroad on the east, Harris Road on the south and a line approximately 1,350 feet east of Old River Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-50_Est.dol ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 6-' I. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ Raul M. Rojas, Public Works Director July 31,2006 SUBJECT: Resolution adding territory, Area 3-52 (Panama, Mountain Vista SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1413 to add territory, Area 3-52 (Panama, Mountain Vista SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6328. Area 3-52 is generally bounded by Panama Lane on the north, Mountain Vista Drive on the east, Berkshire Road on the south and a line approximately 1,320 feet west of Mountain Vista Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. . In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-52_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5: ¡r¡. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD d!\- CITY ATTORNEY jl;£ CITY MANAGER ~ July 31,2006 SUBJECT: Resolution adding territory, Area 1-61 (Etchart, Verdugo SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1461 to add territory, Area 1-61 (Etchart, Verdugo SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tentative Tract No. 6480. Area 1-61 is generally bounded by Etchart Road on the north, Calloway Drive on the east, a line approximately 690 feet south of Etchart Road on the south and Verdugo Lane on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD1-61_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. r1 . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY ~ CITY MANAGER ~ Raul M. Rojas, Public Works Director July 31,2006 SUBJECT: Resolution adding territory, Area 3-49 (Old River, Pacheco SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1462 to add territory, Area 3-49 (Old River, Pacheco SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6167. Area 3-49 is generally bounded by Pacheco Road on the north, a line approximately 1,320 feet east of Old River Road on the east, a line approximately 1,320 feet south of Pacheco Road on the south and Old River Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-49_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. o. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ DATE: July 31,2006 SUBJECT: Resolution adding territory, Area 4-56 (Kern Canyon, Vineland) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1463 to add territory, Area 4-56 (Kern Canyon, Vineland), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6352. Area 4-56 is generally bounded by State Route 178 on the north, a line approximately 400 feet east of Mesa Marin Drive on the east, Kern Canyon Road on the south and Vineland Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. in order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-56_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ~ ¡J, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD /'lZ.- CITY ATTORNEY ~ CITY MANAGER (\tvS July 31,2006 SUBJECT: Resolution adding territory, Area 4-57 (Vineland, Highlander SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 0Nard 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1464 to add territory, Area 4-57 (Vineland, Highlander SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6852. Area 4-57 is generally bounded by Highlander Street on the north, a line approximately 1,320 feet west of Vineland Road on the east, a line approximately 300 feet north of State Route 178 on the south and a line approximately 1,980 feet west of Vineland Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-57 _Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ;;Ct , u TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY rÝ!... CITY MANAGER 6)¡/S DATE: July 31, 2006 SUBJECT: Resolution adding territory, Area 5-27 (S. Union, Hosking SE #2) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1465 to add territory, Area 5-27 (S. Union, Hosking SE #2), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6331. Area 5-27 is generally bounded by Hosking Road on the north, a line approximately 1,120 feet east of S. Union Avenue on the east, a line approximately 1,190 feet south of Hosking Road on the south and a line approximately 360 feet east of S. Union Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD5-27 _Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5"1". TO: FROM: Honorable Mayor and City Council DATE: July 31, 2006 CITY ATTORNEY CITY MANAGER APPROVED /IZ--- fL Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution adding territory, Area 5-28 (Planz, Hale SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1467 to add territory, Area 5-28 (Planz, Hale SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map Waiver No. 05-1840. Area 5-28 is generally bounded by East Planz Road on the north, a line approximately 240 feet west of Hale Street on the east, a line approximately 205 feet south of East Planz Road on the south and a line approximately 390 feet west of Hale Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the certificate of compliance. mr MD5-28_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. S. TO: FROM: APPROVED DEPARTMENT HEAD ~_ CITY ATTORNEY M CITY MANAGER t! ÓÀß SUBJECT: Resolution adding territory, Area 3-48 (Panama, Ashe SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: July 31,2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1468 to add territory, Area 3-48 (Panama, Ashe SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No's. 6351 and 6531. Area 3-48 is generally bounded by Panama Lane on the north, Mountain Ridge Drive on the east, Berkshire Road on the south and Ashe Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. mr MD3-48_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. -t . FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: July 31,2006 SUBJECT: Resolution adding territory, Area 3-51 (Harris, Mountain Vista SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1469 to add territory, Area 3-51 (Harris, Mountain Vista SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6329. Area 3-51 is generally bounded by Harris Road on the north, Old River Road on the east, a line approximately 1,320 feet south of Harris Road on the south and Mountain Vista Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-51_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5.~. TO: Honorable Mayor and City Council DATE: July 31,2006 CITY ATTORNEY CITY MANAGER FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution adding territory, Area 5-29 (Hale, Filson SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On July 19, 2006 the Council adopted Resolution of Intention No. 1470 to add territory, Area 5-29 (Hale, Filson SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map Waiver No. 06-0180. Area 5-29 is generally bounded by Filson Street on the north, a line approximately 160 feet east of Hale Street on the east, a line approximately 90 feet south of Filson Street on the south and Hale Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield h.as received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the certificate of compliance. mr MD5-29_Esl.dot ADMINISTRATIVE REPORT MEETING DATE: August 16. 2006 AGENDA SECTION: Consent Calendar ITEM: s: v: TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY 9! CITY MANAGER ~ FROM: Raul M. Rojas, Public Works Director DATE: August 2, 2006 SUBJECT: Resolution of Intention No. 1474 to add territory, Area 3-53 (Berkshire, Reliance SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No's. 6874 and 6873 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-53 is generally bounded by Berkshire Road on the north, Reliance Drive on the east, McCutchen Road on the south and Gosford Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. 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(s)/developer(s) to be recorded with the subdivision maps. A copy of this covenant is attached for reference. mr August 2, 2006, 8:45AM MD3-53Ri05.dot --.." ,.-.. -.--- "-....-..-......-...- ------,.-.__.~_._.,-,,-~._.,~.................~ ...".-<_.---.......-----"'-, ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: s: LJ» TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD /l'.L CITY ATTORNEY~ CITY MANAGER 61us FROM: Raul M. Rojas, Public Works Director DATE: August 2, 2006 SUBJECT: Resolution of Intention No. 1475 to add territory, Area 3-54 (Berkshire, Gosford SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6880 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-54 is generally bounded by Berkshire Road on the north, Gosford Road on the east, McCutchen Road on the south and the Sunset Railroad 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(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr August 2, 2006. 8:48AM MD3-54Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: So x . FROM: Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY f!/:; CITY MANAGER ãlVs TO: Honorable Mayor and City Council DATE: July 31,2006 SUBJECT: Resolution of Intention No. 1476 to add territory, Area 3-55 (Panama, Ashe SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6663 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-55 is generally bounded by Panama Lane on the north, Ashe Road on the east, Berkshire Road on the south and a line approximately 1,300 feet west of Ashe Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. 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 the covenant is attached for reference. mr July 31, 2006, 12:19PM MD3-55Ri05.dot __.....,·._......._..-"......_"e~__o..-._'.'.,.."....._"_,__.~_~_ ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. L1 . (j TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD A- CITY ATTORNEY ~ CITY MANAGER c\h"J5 August 2,2006 SUBJECT: Resolution of Intention No. 1479 to add territory, Area 1-66 (Jewetta, Birchhaven SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel Map Waiver No. 06-0155 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping. Area 1-66 is generally bounded by a line approximately 150 feet south of Birchhaven Avenue on the north, a line approximately 220 feet east of Jewetta Avenue on the east, a line approximately 480 feet south of Birchhaven Avenue on the south and Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel map waiver. A copy of this covenant is attached for reference. mr August 2, 2006, 11 :34AM MD1-66Ri05.dot .._~-<"-~-,._---,_.._._,_.,~~.-...,.>...,,.,-_..........-,-,~-~_.,. -..- ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 6-. Z- . TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD 11(_ CITY ATTORNEY fI/;; CITY MANAGER (\ÎJ5 DATE: August 2, 2006 SUBJECT: Resolution of Intention No. 1480 to add territory, Area 4-59 (Beale, E. 18th SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 2). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the CJty Engineer from the owners of Parcel Map Waiver No. 06-0963 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 4-59 is generally bounded by E. 18th Street on the north, a line approximately 75 feet east of Seale Avenue on the east, a line approximately 150 feet south of E. 18th Street on the south and Seale Avenue 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 Certificate of Compliance. A copy of this covenant is attached for reference. mr August 2, 2006, 10:27AM MD4-59Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5": act, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER ~ APPROVED /Yl~ August 2, 2006 SUBJECT: Resolution of Intention No. 1481 to add territory, Area 4-60 (E. Brundage, Mt. Vernon NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Site Plan Review No. 06-0256 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 4-60 is generally bounded by Texas Street on the north, a line approximately 800 feet west of Quantico Avenue on the east, E. Brundage Lane on the south and a line approximately 600 feet east of Mt. Vernon Avenue 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. A copy of this covenant is attached for reference. mr August 2, 2006. 10:28AM MD4-60Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ~, bb. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ July 25, 2006 SUBJECT: Assessment District No. 06-1, (Etcheverry/Lin II/University Park). 1. Resolution Approving Boundary Map 2. Resolution of Intention 1473. 3. First Amendment to Consultants Agreement (No. 06-083) with Wilson and Associates (Assessment Engineer). (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. On June 2 Castle & Cooke sent in an application to join this district. The City accepted the application and included University Park, Tract No. 6799. Wilson and Associate are revising their agreement to reflect the addition of University Park to the district. The proposed assessment district has three distinct subareas as follows: 1. Etcheverry: This subarea is located east of the Friant Kern Canal, south of 7th Standard Road, west of Calloway Drive and north of Snow Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer Lennar Homes of California, Inc. with acquisition of improvements upon completion. The improvements include the construction of curbs, gutters, sidewalks, grading, street lights, storm drains, block walls and paving improvements for Tracts 6343 and 6361. 2. Lin II: This subarea is located east of Renfro Road, south of Reina, west of Allen and north of Noriega Road and is planned for new residential development. It is proposed the improvements for this subarea will be constructed by the developer Lennar Homes of California, Inc. with acquisition of improvements upon completion. The improvements include the construction of curb, gutters, sidewalk, bike trail, multi purpose trail, paving, grading, sewer, system, lift station, street lights, street signs, survey monument encasement, block wall and inner connect conduit improvements for Tract No. 6453. 3. University Park: This subarea is located at the southwest corner of Ming Avenue and Gosford Road and is planned for a gated community. It is proposed the improvements for this subarea will be constructed by the developer Castle and Cooke California Inc. with acquisition of the off-site improvements upon completion. The improvements include off-site work such as sewer, water, block wall, storm drain, curbs, gutters, sidewalks, handicap ramps, street lights and survey July 25, 2006, 4:59PM G:\GROUPDA T\ADMINRPT\2006\OB-16\AD06-1 roi . doc ADMINISTRATIVE REPORT monuments within the frontage of tract boundaries. Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the Preliminary Engineer's Report and a formal Boundary Map. Jas July 25, 2006, 4:59PM G:\GROUPDA T\ADMINRPT\2006\OS-16\AD06-1 roi.doc ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: -5". c:.c.... TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENTHEAD~ CITY ATTORNEY ~ CITY MANAGER ~ June 28, 2006 SUBJECT: Verdugo Lane Planned Sewer Area (yVard 4): 1. Resolution of Intention No. 1472 to establish the Verdugo Lane Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First reading of an ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. RECOMMENDATION: Staff recommends approval of Resolution of Intention and first reading of ordinance. BACKGROUND: The City is constructing a sewer trunk line extending from Brimhall Road at Verdugo Lane, north approximately 850 feet along Verdugo Lane. The area of benefit is generally described as both sides of Shellabarger Road from Calloway Drive to Pepita Way and including the parcel on the west side of Verdugo Lane between Shellabarger and Brimhall Road. Sewer Enterprise funds will be used to front the cost of the City's project. The funds collected as new and existing parcels within the area develop will be used to reimburse the Sewer Enterprise fund for the cost of the City's project. This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the Verdugo Lane Planned Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. mps July 21, 2006, 8:21AM G:\GROUPDAT\ADMINRPT\2006\08-16\Verdugo PSA roLDOC MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5'. cI d. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ August 3,2006 SUBJECT: Resolution of Intention No. 1466 to order the vacation of access to vehicular traffic from/to Elm Street from/to 24th Street - south side only CNard 2). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from most of the residents on Elm Street, between 22nd and 24th Street, to close access to vehicular traffic from/to Elm Street from/to 24th Street (south side only). As part of the Thomas Roads Improvement Program (TRIP), an interchange off SR99 will be constructed and Elm Street will be closed off at a location that is still to be determined. The residents on Elm Street petitioned to temporarily close traffic access now by placing pre-cast concrete barriers across Elm Street at 24th Street. When the exact location of the cul-de-sac is known, a permanent closure will be built as part of the TRIP Project. This is only a street closure; no street right-of-way is being vacated. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. The proposed closure was approved by the Planning Department on June 22, 2006 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of September 13th, 2006, on the proposed street closure. G:\GROUPDA T\ADMINRPT\2006\08-16\ROI 1466 /---- ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ~ c::. c:: . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director August 1, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Resolution of Intention No. 1477 to order the vacation of a portion of the sewer easement located south of 16th Street, between Pine Street and Myrtle Street. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from Scott Wesley, LLC (Applicant) to have a portion of the sewer line easement, located south of 16 Street, between Pine Street and Myrtle Street, vacated. A building was constructed where the existing sewer line is located. The applicant has realigned the sewer line and has dedicated a sewer line easement to the City. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of September 27,2006, on the proposed vacation. August 1, 2006, 11 :58AM G:\GROUPDA T\ADMINRPT\2006\Oa-16\ROI 1477 admin ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: :;-. f f. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 2, 2006 APtROYED DEPARTMENT HEAD ~ CITY ATTORNEY :J:!. CITY MANAGER (\t.{ '5 SUBJECT: Resolution of Intention No. 1478 to order the vacation of the turnarounds at the end of thE alleys on Tract 3513, located at the Northwest corner of Columbus Street and Christma~ Tree Lane. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from Dewalt Corporation, on behalf of 4200 Panoramé LLC, to have the turnarounds at the end of the alleys on Tract 3513, located at the northwest corner 01 Columbus Street and Christmas Tree Lane, vacated. Per the Conditions of Approval for Vesting TentativE Tract 6543, Public Works stated to have those portions of the two existing alleys that will be within futurE lots, vacated. Said alleys will be connected in conjunction with Tract 6543. The City Fire, Police, Public Works, Development Services, and Economic Development Department~ have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been receivec as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the datE of this report. The proposed vacation was approved by the Planning Department per local ordinance and was found tc be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Qualit} Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibilit} that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of September 27, 2006, or the proposed vacation. August 2, 2006, 1 :25PM G:\GROUPDAlìADMINRP1\2006\08-16\ROI1478 admin ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ~ CL(' U 0 TO: Honorable Mayor and City Council FROM: DATE: Alan Christensen, Assistant City Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Js July 28,2006 SUBJECT: SunGard HTE Computer Software 1. Resolution Determining that the SunGard HTE Software Cannot be Reasonably Obtained through Usual Bidding Procedures. 2. Amendment No.6 to Agreement No. 97-283 with SunGard HTE Regarding Purchasing of Click2Gov Internet Interface for Code Enforcement ($23,920) and QRep Web software ($22,190) - totaling $46,110.00. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of Amendment. BACKGROUND: The Development Services Department currently uses the SunGard HTE Code Enforcement module for tracking and recording Code Enforcement complaints. The Click2Gov Internet Interface will allow them to enter Code violations and inspection results from the field, without having to return to the office. This will allow Code Enforcement staff to be more productive. The City currently uses the non-web version of CRap for on demand reporting functions. We have recently discontinued 60 licenses of QRep and are replacing them with 60 web licenses. The web version of QRep has less functionality; however, it is more than sufficient for most reporting needs. The purchase price will be recovered in one year due to the lower maintenance cost for the product. July 28,2006, 1:15PM P:\My Documents\DOCUMENlìCOUNCIL\Admin for CIick2Gov CE and QREP web.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: á-' h h , TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager July 28, 2006 DEPARTMENT HEAD CITY A TIORNEY CITY MANAGER APPROVED /!¿ ~ SUBJECT: BIO-key FireRMS Software 1. Resolution Determining that the FireRMS Software Cannot be Reasonably Obtained through Usual Bidding Procedures. 2. Agreement with Bio-Key to purchase FireRMS software for not to exceed $110,000. 3. Appropriate $110,000 County Reimbursement to the Information Technology Operating Budget in the General Fund. RECOMMENDATION: Staff recommends adoption of the Resolution, approval of Agreement and Appropriation. BACKGROUND: The Bakersfield Fire Department is currently using the Fire RMS (Records Management System) from SunGard HTE. This system communicates with the Intergraph Computer Aided Dispatch System and collects information used to report to the California Fire Marshal's office. They will be converting from this system to the newer BIO-key system for several reasons: . BIO-key RMS works with the TeleStaff scheduling system that the Fire Department already uses. This will allow the software to automatically track which Firefighters responded to a call, important for reporting purposes and for the safety of the Firefighter. . BIO-key has a close working relationship with the CAD vendor, Intergraph. SunGard HTE is a competitor to Intergraph and there is constant friction between the two vendors. · BIO-key RMS will allow us to merge CUP A into the Fire Prevention module of the new Fire RMS. This will allow the department to have all information relating to an incident in one system and will eliminate the maintenance costs for the current CUPA program (currently $15,000 per year). · Kern County Fire uses the same software. Running the same system will enable the two departments to better share training and information. August 8, 2006. 9:44AM S:\CQUNCIL\Admins\06-07 Admins\Admin for BID-key FireRMS.doc ADMINISTRATIVE REPORT The total cost of this system up to $110,000 will be reimbursed from the Kern Operational Area WMD Grant managed by Kem County. This project is fully approved for full reimbursement under the grant. August 8. 2006. 9:44AM S:\CQUNCIL\Admins\06-07 Admins\Admin for BIO-key FireRMS.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: r-' . ~.rJ. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEVÁ ~/ ,em ~ CITY MANAGER August4,2006 SUBJECT: Sale of Real Property 1. Resolution declaring real property located north of Mall View Road, east of the East Hills Mall surplus to needs of the City. 2. Agreement with Gardens at East Hills, LLC, a California limited liability company to purchase property located north of Mall View Road, east of the East Hills Mall for $279,100. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: In 1989 the State of Califomia relinquished two drainage retention basins south of Highway 178 at Mount Vernon and Oswell Streets to the City of Bakersfield. The new owner of the East Hills Mall has requested the City sell 3.92 acres of the eastem drainage retention basin to facilitate the expansion of their shopping center. Their request is very similar to when the owners of the Valley Plaza Mall purchased another former Caltrans sump to allow construction of the Pacific Theaters. In order for the City to find the property surplus to our needs the buyer will be required to reconstruct the drainage retention basin in accordance with plans reviewed and approved by the City and Caltrans. Further, the buyer will be paying $279,100 for the property which represents its fair market value as determined by Randy K. Merriman, MAl an independent fee appraiser. The Planning Department found the sale consistent with the Metropolitan Bakersfield 2010 General Plan. DMAls 8/4/2006 P:\MyFiles\Admin Reports\East Hills sale.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: $. t' . uu TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER $-OVED 18m) Ql,úS July 26, 2006 SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with Four Fairways Enclave, LLC for Tract 6243 Phase 1 located on the intersection of Donaldo Street and Via Napoli Drive. (Ward 3) (2) Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 1 located at the Southwest corner of the intersection of Vista Road and Pensinger Road. (Ward 5) (3) Final Map and Improvement Agreements with Towery Homes, INC for Tract 6429 Phase 1 located South of Johnson Road on Renfro Road. (Ward 4) (4) Final Map with PAC Park 78, LLC for Tract 6537 located on the intersection of 38th Street and Q Street. (Ward 2) 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. rs NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. August 3, 2006, 11 :51 AM G:\GROUPDAT\ADMINRPT\2006\OB-16\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. Kk. TO: FROM: DATE: Honorable Mayor and City Council John W. Stinson, Assistant City Manager APPROVED DEPARTMENT HEAD· ~ CITY ATTORNEY ~ CITY MANAGER ~ July 11, 2006 SUBJECT: Agreement with the law Offices of Hanna, Brophy, Maclean, McAleer & Jensen for Workers ' Compensation legal Services in the amount not to exceed $180,000 for a twelve month period to be paid from the Self-Insurance Fund. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In March of 2004 the City Council approved an agreement with the law Offices of Hanna, Brophy, Maclean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers' compensation claims litigation. As Hanna & Brophy specializes in the defense of workers' compensation claims they are able to provide a high level of expertise that is very beneficial to the City. During the past year Hanna & Brophy has been successful in handling and concluding litigated workers' compensation claims, which has resulted in cost and efficiency savings to the City. Hanna & Brophy's rates of $135 per hour are the same as last year's rate and are very reasonable relative to customary workers'· compensation attorney's hourly rates. As with the prior year, the terms of the contract provide that the City will not be billed for internal costs, such as copy charges, legal research, or clerical time. The proposed contract is in an amount not to exceed $180,000 and covers a twelve month period and will cover all of the City's workers' compensation litigation. This contract amount matches the anticipated legal costs and is based on actual expenditures from the prior period. RAK July 11, 2006, 4:44PM S:\Ralph\Contracts\Hanna-brophy admin rpt06.doc ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: ~. II . TO: FROM: Honorable Mayor and City Council John W. Stinson, Assistant City Manager APPROVED DEPARTMENT HEAD ðlJ? CITY ATTORNEY ¡/~ CITY MANAGER ()ks DATE: August 10,2006 SUBJECT: Contribution Agreements with Bakersfield Museum of Art and Bakersfield Symphony 1. Contribution Agreement with the Bakersfield Museum of Art in the amount of $25,000 for Fiscal Year 2006-07. 2. Contribution Agreement with the Bakersfield Symphony in the amount of $50,000 for Fiscal Year 2006-07. RECOMMENDATION: Staff recommends approval. BACKGROUND: These agreements provide for payments to the Bakersfield Museum of Art and the Bakersfield Symphony pursuant to funding approved by the City Council in the 2006-07 budget and are for the same amounts they received for fiscal year 2005-06 from the City. The contribution to the Museum of Art in the amount of $25,000 is in support of their visual arts outreach through the Art Smart program and to expand the Museum on the Move mobile museum. The contribution to the Symphony in the amount of $50,000 is for their use of the Rabobank Theater or Bright House Amphitheater for concerts. The agreement terms and amounts are the same as last years contracts. The City has made previous contributions to the Museum of Art and the Symphony and these groups were included in the Council policy regarding requests for financial assistance, as organizations that had an ongoing relationship with the City and could be considered for funding as part of the City budget process, based on available funding and subject to City Council review and approval. Staff has met with representatives of both groups and recommends approval of the agreements. August 10.2006. 9:00AM S:\Admin Rpts\2oo6\Museum and Symphony Agreements 06-07.doc JWS:al ADMINISTRATIVE REPORT MEETING DATE August 16, 2006 AGENDA SECTION: ITEM: s-. fY1 fVI , Consent Calendar FROM: DATE: Florn Core, Water Resources Manager APPROVED DEPARTMENTHEAD~ CITY ATTORNEY tI~ CITY MANAGER ~ TO: Honorable Mayor and City Council August 1, 2006 SUBJECT: Annexation Agreement with the Rosedale - Rio Bravo Water Storage District to allow annexation of district properties to City (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Rosedale - Rio Bravo Water Storage District (District) owns property consisting of earthworks, facilities and structures adjacent to the incorporated boundaries of the City of Bakersfield in an area west of Allen Road and north of Stockdale Highway. The City is growing within the boundaries of the District. Urbanization and annexations to the City are occurring up-to and adjoining District property. The inclusion of District properties into the City will assist in ensuring orderly development, discourage urban sprawl, preserve open space lands and more efficiently extend government services. The District has agreed to allow the City to annex its properties in exchange for extending what is known as a Miscellaneous Water contract. District has an existing agreement to receive defined quantities of Miscellaneous Kern River water from the City through the year 2011. The current agreement allows the District to use the water for groundwater recharge operations throughout the District, irregardless of whether the land is within the City limits or not. This agreement will extend quantities of Kern River water to the District in order to meet the water service demands of those lands that are within the City limits, current and future annexed. The quantity of Miscellaneous Water that the District would receive will be jointly calculated by City and District on an annual basis. The District will be required to allocate its State Water Project, federal contract waters and City "Basic" contract water first to the lands within the City and then the extended Miscellaneous Water would be delivered to fill-in the water demand requirements. The City will allow flexibility in delivery of portions of this water to the City's "2800 Acres" and to District's participatory banking projects adjacent to the "2800 Acres". The City of Bakersfield Water Board approved this agreement at its July 20, 2006 Special Meeting and recommended forwarding to the City Council for approval. 5:\2006 ADMIN REPORT5\RosedaleAnnexationAgreement081606.doc ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: 5: 11f}. TO: FROM: DATE: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks APPROVED DEPARTMENT HEADj)L F CITY ATTORNEY 11r14. CITY MANAGER ~ July 25, 2006 SUBJECT: Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball for officiating services for the city adult softball program in an amount not to exceed $45,900. (Wards 1 & 2) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City requires sports officiating services for its softball program, which has three seasons during the fiscal year. This agreement with Kern County Slow-Pitch Softball is to provide one umpire per game for all three seasons of men's slow-pitch, co-recreational slow-pitch, playoff and tournament softball games. Kern County Slow-Pitch Softball is paid $18.00 per game with the total not to exceed $45,900. This agreement also calls for Mr. Maharrey to evaluate and place city teams in the respective divisions for league play in the amount of $300 per season/league with the total amount not to exceed $900. The City adult softball program generates approximately $125,000 in revenue annually. The total agreement does not exceed $45,900. SI August 2, 2006, 2:54PM S:\2006 Admins\K C Slow-Pitch Softball Admin 7-2Q-06.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5.00. FROM: Nelson K. Smith, Finance Director APPROVED DEPARTMENTHEAD~ CITY ATTORNEY ~ CITY MANAGER (\l.{Jc; TO: Honorable Mayor and City Council DATE July 31, 2006 SUBJECT: Agreement with Wilson & Associates (notto exceed $114,000) to provide specialized Continuing Disclosure services for variousSpecial Assessment Districts. (Wards 4, 5, 6 & 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 18 active Assessment Districts, with a total bonded indebtedness of $78,780,000.00 which all require Continuing Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an annual report containing certain financial information and operating data relating to each Assessment District and the property within the Assessment District. This covenant has been made in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of reporting requirements. This agreement will allow us the use of a professional consultant to process these Continuing Disclosure Reports and meet the deadlines imposed by the Securities and Exchange Commission. The cost of these services will be charged to the related Special Assessment District. S:\CONNIECORE\'\ADMIN-WILSON-CONTDISCAGMT.DOC ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: $". 0 f), TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ()hr:, Florn Core, Water Resources Manager DATE: August 1, 2006 SUBJECT: Agreement with California Water Service Company to Engineer and Construct a 30" diameter pipeline along Snow Road to deliver Kern River water to the northwest water treatment plant located at Coffee and Norris Roads. (Unincorporated) RECOMMENDATION: Staff and Water Board recommend approval. BACKGROUND: The City and Cal Water have a need to expand the water production capability of their respective service areas in the northwest by replacing water from wells in the vicinity that have been idled due to water quality concerns. It has been determined that a shared water filtration plant, storage and pumping facility located on the southwest corner of Coffee and Norris Roads would economically replace this lost production and meet the areas current and projected growth demands. This plant is currently under construction and is scheduled to be completed by the end of the year. The water for the plant is to be transported by the "4-Ditch" from the Beardsley Canal at Snow Road westerly to Coffee Road, then south along Coffee Road to the plant site. The 4-Ditch is wholly owned by the City. The City installed a new pipeline for the segment along Coffee Road. The section of the 4-Ditch along Snow Road is an older concrete pipe that is prone to leaks, is unsuitable for water delivery to a drinking water plant and it has been recommended for replacement. Along with the replacement of the pipeline a new headgate and water control facilities will be installed on the Beardsley Canal. These new facilities will allow for a safe and reliable delivery of Kern River water to the northwest water treatment plant. Entering into this agreement will ensure the completion of the project prior to the start-up of the water treatment plant. The estimated cost of engineering, construction and inspection of the project is $1,344,514. The City will have the option of reimbursement as a lump sum or up to a 5 year period. If the City chooses reimbursement over time, the interest rate charged is equivalent to the rate the City will be paying on a public bond for pipeline construction. Cal Water will be paying the City $73.48 per acre-foot of water delivered through this pipeline to the plant and the City anticipates delivering 10,000 acre-feet per year. The City Water Board reviewed this agreement and voted unanimously to approve and recommend City Council approval. August 1, 2006 S:\2006 AOMIN REPORTS\DesignconstructionAgmt4ditchCalWater.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: s-. Cf.. q, t-" /..J TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ¡/? CITY MANAGER n1rs August 1, 2006 SUBJECT: Reimbursement Agreement with Adavco Inc. for $76,972.00 to widen and improve 275 feet of Norris Road adjacent to the City's Water Station L208 located at the corner of Norris and Coffee Roads. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Adavco is responsible for providing street improvements on the south side of Norris Road, including new pavement and concrete curb, gutter, sidewalk, landscaping, and utility relocation, in accordance with the conditions of Tract Map 6050. The City needs to have the south 275 feet of Norris Road widened. This section of Norris Road is adjacent to the City of Bakersfield three million gallon water storage tank (Station L208) and the new Northwest Water Treatment Plant. Combining the two projects reduces overall costs. The City will be responsible for only the City's 275 feet of improvements, said costs not to exceed $76,972.00. Funds are available in the 2006/07 Capital Improvement Budget. August 1 , 2006 5\2006 ADMIN REPORTS\81606Adavco.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ~. Y' r-. TO: FROM: Honorable Mayor and City Council DATE: August 3,2006 CITY ATTORNEY CITY MANAGER APPROVED f)LH I/f:l Ulðs Dianne Hoover, Director Recreation & Parks Department DEPARTMENT HEAD SUBJECT: Agreement with the Kern Veterans Memorial Foundation, Inc. for the Construction and Maintenance of the Veterans War Memorial on the Southeast Corner of Truxtun Avenue and US" Street. (Ward 2). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City of Bakersfield and the Kern Veterans Memorial Foundation, Inc. have worked collaboratively to plan for a Kern Veterans Memorial located at the southeast comer of Truxtun Avenue and "S" Street. Terms of the agreement specify that the Foundation is responsible for design and construction of the Memorial and non-routine maintenance once constructed. The City would be responsible for routine maintenance of the Memorial upon completion. Estimated annual maintenance cost is $15,000 which includes electricity for security lighting and pump, water for irrigation and water feature, and staff for routine maintenance. (kt) August 7,2006, 3:45PM S:\2006 Admins\Kern Vetrans 08-16-06.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent ITEM: 5: S5. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY Ii7lJtf , CITY MANAGER XW? August 10, 2006 SUBJECT: Tentative Tract Map Processing. 1. Agreement with TPG Consulting (not to exceed $50,000) to assist Planning Division staff with the processing of Tentative Tract Maps. RECOMMENDATION: Staff recommends the approval of the agreement. BACKGROUND: The City of Bakersfield continues to experience record levels of development activity and the number of applications for tentative tract maps also continues to increase. Currently there is a back log of maps. An Associate Planner position has been approved in the proposed FY 06/07 budget, but it is necessary to outsource processing some of the applications as an interim measure to bridge the gap in staffing levels while recruiting to fill vacancies. To cope with this short term problem, we are proposing to utilize a private consultant, TPG Consulting, to process applications. TPG Consulting is uniquely qualified to provide this service. They have successfully completed several important local projects and are familiar with our location conditions, local ordinances, and current planning programs that address development issues. The funding for the consultant is available in the FY 06/07 Budget. S:\Danaladmin\2006\Aug\8-16TPG Consulting Contract. DOC MAD ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: {:)-. t{. . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER cJZ.õS August 3, 2006 SUBJECT: Agreement with Kronick Moskovitz Tiedemann & Girard ($75,000) to provide legal services for acquisition of right-of-way for the construction of the Wests ide Parkway (Wards 2, 4, and 5). RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The Westside Parkway is part of the circulation element of the Metropolitan Bakersfield General Plan. It is a projected east-west transportation corridor through the City of Bakersfield, starting approximately east of Heath Road and Stockdale Highway, continuing for approximately 8 miles and terminating just east of Freeway 99. There are approximately ten (10) pieces of real property necessary for the City of Bakersfield to acquire for construction of the Westside Parkway. At this time, the City wishes to retain outside legal services to handle the right-of-way/eminent domain cases associated with said properties. The law firm of Kronick Moskovitz Tiedemann & Girard specializes in real property acquisitions and has worked for the City previously in right-of-way/eminent domain cases. The attached Agreement is similar to previous agreements and proposes to have Kronick Moscovitz handle each right-of-way for the Westside Parkway on a flat rate basis up to a certain point in each case. This arrangement will benefit the City by allowing us to better predict our financial obligations and hopefully achieve a cost savings while retaining experienced legal counsel in this specialized area. This agreement will be funded entirely with federal and state funds under the State Transportation Improvement Program. August 8.2006, 9:56AM G: \GROUPDA T\ADMINRPT\2006\08-16\Westside Parkway.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5: !..c. L-l, TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ß2- Øt¡J) c9trs DATE: July 31,2006 SUBJECT: Approve Reimbursement Agreement with Ennis Land Development for $45,400 to reconstruct the north half of Loudon Street adjacent to Loudon School (Ward 7). RECOMMENDATION: Staff recommends approval of Reimbursement Agreement. BACKGROUND: Ennis Land Development is responsible for providing street improvements on the south side of Loudon Street, including new pavement and concrete curb, gutter, sidewalk in accordance with conditions of approval for Tract Map 6165. The north half of Loudon Street has deteriorated due to Loudon School's buses and traffic. The City desires that Ennis Land Development reconstruct the north half of Loudon Street with the proposed improvements of Tract 6165. In addition, the City has proposed to increase the pavement structural section adjacent to the School to better handle the traffic loads. nf-pw_design August 1, 2006, 11 :53AM G:\GROUPDAT\ADMINRP1ì2006\08-16\Reimburement Ennis Land Development T6K155.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. ~r V, FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEA CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council August 1, 2006 SUBJECT: State Route (SR) 178 Interchange at Fairfax Road (Ward 3): 1. Amendment No. 1 to Agreement No. 02-062 with Parsons Brinckerhoff Quade & Douglas, Inc., ($289,517; for a total contract amount of $1,275,081) to revise the time of completion, construction plans, and scope of work. 2. Appropriate $290,000 Transportation Development Fund balance to the capital improvement budget to fund this Amendment. RECOMMENDATION: Staff recommends approval of Amendment and appropriation. BACKGROUND: The City entered into Agreement No. 02-062 with Parson Brinckerhoff Quade & Douglas, Inc. (PBQD) on March 6, 2002 for engineering services for the preparation of plans, specifications & estimates (PS&E) for the interchange on State Route 178 at Fairfax Road including a one mile extension of the SR178 freeway. The original contract called for the completion of this work by November 30, 2002; however, it also stated that PBQD would be provided the interchange configuration, horizontal and vertical alignments, and a draft of the initial Project Report (PR) which contains preliminary studies regarding design of the project. The configuration provided to PBQD utilized an interchange layout that had been recommended in a study prepared by the City and approved by Caltrans in 1996. With the initial submittal of PBQD construction plans in the summer of 2002, Caltrans told the City that this interchange configuration was not approved, and so PS&E work stopped while this configuration was analyzed and reviewed by Caltrans. Due to unavailability of City staff, other City consultants with assistance from PBQD completed numerous studies and documents before Caltrans ultimately approved of the configuration, allowing the PS&E work to move forward. This delayed the project for three years. This interchange configuration analysis results in additional PBQD work including changes to construction drawings already prepared for the project. And during this delay, a number of Caltrans standards changed also resulting in plan revisions being necessary. Some of the as-built information received from Caltrans regarding the drainage system for SR 178 in the area did not accurately reflect the conditions that existed, causing additional work for PBQD. And the project delay is also causing inflationary costs to PBQD. PBQD's scope of work is also being increased to include the design of a traffic signal at the intersection of Auburn Oaks Drive and Fairfax Road. This signal is necessary to provide adequate access to the United States Post Office Hillcrest Mail Facility, whose current access to Auburn Street is required to be closed in order to construct the interchange project. The project is currently at the 90% plan completion level, and final construction plan approval by Caltrans August 4, 2006, 8:45AM Tdw:G:\GROUPDA nADMINRPT\2006\08-16\Amendment 1 to Agreement No. 02-062 (PBQD).doc ADMINISTRATIVE REPORT is anticipated for late this year with bidding in early 2007 and construction beginning spring or summer of 2007. This Amendment will revise the time of completion to November 30, 2008 which includes the period during project construction (for construction support services). It will also revise the plans as required above, and will revise the scope of work to include the Auburn Oaks Drive/Fairfax Road traffic signal. The total amount of the Amendment for this work is $289,517. This changes the not-to-exceed compensation amount in the original agreement from $985,564 to $1,275,081. Parsons Transportation Group staff working on the Thomas Roads Improvement Program have also reviewed this Amendment and found that it is consistent with current consultant charges for comparable work. Staff recommends approval of the Amendment and appropriation. August 4, 2006, 8:45AM Tdw:G:\GROUPDATlADMINRPT\2006\08-16\Amendment 1 to Agreement No. 02-062 (PBQD).doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. LVe,), TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER August 2,2006 SUBJECT: Amendment NO.1 to Agreement No. 05-278 with TY. Lin International ($96,642; for a total contract amount of $330,762) for Engineering Services on White Lane at State Route 99 Eastbound to Southbound On-ramp reconstruction (Ward 7). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On July 20,2005 the City entered into Agreement No. 05-278with TY. Lin International for Engineering Services for preparation of Plans, Specification and Estimates (PS&E) for White Lane at State Route 99 Eastbound to Southbound on-ramp reconstruction. White Lane at State Route 99 Eastbound to Southbound on-ramp is located within State of California Department of Transportation (Caltrans) right of way requiring an encroachment permit and project oversight from Caltans. During the original scope of work for this project, it was assumed that the City would be able to use the project approval documents for the White Lane at State Route 99 Overcrossing Widening and Interchange Improvement Project. Due to the complexity of this project, Caltrans is requiring additional project approval documents be prepared to support the design of the new on-ramp. In addition, an existing gas main which parallels the existing right of way will not allow for standard designs for a retaining wall at the right of way and will also require additional right of way easements which were not part of the original scope of work. TY. Lin International has agreed to modify their scope of work to include these additional required items for an increase in compensation of $96,642.00. nCpw_design August 3.2006, 11:27AM G:\GROUPDAT\ADMINRPT\2006\08-16\Amendment 1 to Agreement No. 05-278.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. ¡¿~, TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED DEPARTMENT HEAD Ql0 CITY ATTORNEY ~ CITY MANAGER ~ July 26,2006 SUBJECT: 1. Amendment No. 1 to Agreement No. 95-229 Regarding Assignment of Cable Television Franchise from CoxCom, Inc. to Cebridge Acquisitions, L.P. 2. Ordinance amending Section 5.48.020 of the Bakersfield Municipal Code relating to franchise rights. RECOMMENDATION: Staff recommends approval of agreement and first reading of ordinance. BACKGROUND: In 1965, the City granted CoxCom, Inc.'s ("Cox") predecessor a non-exclusive cable television franchise. In 1995, the City memorialized its television franchises with written agreements and adopted an ordinance setting forth the holders of such franchises. One of those agreements (No. 95-229) was between the City and Cox Communications Bakersfield, Inc., a subsidiary of Cox. In December, 2005, Cox notified the City that it had entered into an Asset Purchase Agreement with Cebridge Acquisition Co., LLC. One of the assets that Cebridge Acquisitions Co., LLC would be acquiring is the Bakersfield cable television franchise. Pursuant to that Asset Purchase Agreement, Cebridge Acquisition Co., LLC would assign the franchise to Cebridge Acquisition, LP, doing business as Cebridge Connections. Cebridge Connections provides cable services to residents and businesses in twenty states. Both Agreement No. 95-229 and the City Charter require the City Council to consent to the assignment of franchise rights. Cox and Cebridge submitted a binder-full of documentation regarding the transfer to the City. On April 5, 2006, the City Council adopted resolution number 093-06 consenting to the transfer on the condition that the sale was consummated, that Cox and Cebridge executed an assignment agreement and Cebridge provided the requisite insurance, business tax certificate and proof of right to conduct business in Bakersfield. The sale has been consummated, the assignment agreement has been executed and Cebridge has provided the requisite documents. July 26, 2006, 3:23PM S:\COUNCIL \Admins\06-07 Admins\cableordinanceandassign.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5.L}u. V{j TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER t(s7,.t is July 21, 2006 SUBJECT: Amendment No. 1 to Agreement No. 99-330 with Maxoil, Inc. allowing assignment of the license and rights to Matrix Oil Corporation. (Ward 4) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The City entered into a non-exclusive license agreement under Agreement No. 99-330 on December 15, 1999 with Maxoil Incorporated (Maxoil) whereby Maxoil was granted certain rights for the constructing and maintaining of pipelines within the' City rights-of-way, Via Esperanza on Tract No. 5905, as set forth in said license agreement. Matrix Investment, LLP has purchased the assets of Maxoil. Matrix Oil Corporation is the operator of record, under an agreement with Matrix Investment, LLP, covering various oil and gas leases including the lease covered by Agreement No. 99-330, subject to the approval of this amendment to Agreement No. 99- 330. As stated on paragraph 19 of Agreement No. 99-330, any assignment by Maxoil must have the written consent of the City Council for the City of Bakersfield. August 7, 2006, 3:25PM G:\GROUPDAnADMINRPT\2006\08-16\Amendment 1 to Agreement No. 99-330.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5. Z Z . TO: Honorable Mayor and City Council July 24, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER FROM: DATE: Alan Christensen, Assistant City Manager SUBJECT: Amendment No.8 to Agreement No. 988222 with SunGard HTE, Inc. for Service Support of Licensed Software in the amount of $152,795.83 RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: HTE developed many of the software programs which the City runs on the AS/400 computer. Such programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable; Business Ucenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning & Zoning; Park Reservations, etc. This amendment will ensure that HTE continues to update software and provide service for any problems encountered with these programs. The agreement calls for a one-time payment of $152,795.83 which will ensure support through Juiy 31, 2007. The amount of $152,795.83 is a $5429.31 decrease (approximately 3.4%) from the 05-06 fiscal year amount of $158,225.14, and reflects a decrease in the number of QREP licenses the City is using. July 25, 2006. 8:42AM ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: !}. c,-c,,-- Q... . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD #1- CITY ATTORNEY rp, CITY MANAGER å7tJ'> July 28,2006 SUBJECT: Contract Change Order NO.6 to Agreement 06-028 with Granite Construction Company ($342,808.00 for a revised not to exceed amount of $6,429,218.00) for the N. Chester Avenue Bridge over the Kern River (Replacement) (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This construction project started in February, 2006. At that time, the Kern River water supply forecast was for a below average year indicating an average to below average river flow at the Chester Bridge location during the project. Subsequently, March and April had 135% of normal average precipitation in the watershed. In addition, in April the U.S. Army Corp of Engineers ordered very large mandatory releases from Isabella Dam to the Kern River based on concerns about the safety of the Isabella Auxiliary Dam. The result was that flows at the bridge construction project were 10 times the amount anticipated when construction started in February. As a result, the bridge construction area was inundated and it was mutually agreed between City Staff and Granite Construction that the project be suspended until flows were reduced to a manageable level. Every attempt was made to reduce costs during the suspension period; however, certain costs for re-work caused by the high flows, remobilization of equipment, equipment rental, site security, and field overhead are necessary. This Change Order provides for reimbursement of those costs and adds 7 working days. This work will be performed under Extra Work at Agreed Lump,sum Price, Extra Work at Force Account, and Increase in Item at Contract Unit Price. Actual costs of the Force Account work will be paid based on the labor, material and equipment used to complete the work plus contract mark-ups. . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $6,058,506.00 $6,429,218.00 $ 370,712.00 . = = Sufficient funds are budgeted to cover this contract change order. G:\GROUPDAT\ADMINRPT\2006\08-16\CCO 6 Agr 06-028.doc SP ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: :;: bb b. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER A6 ß/JU/ 6W5 DATE: July 28, 2006 SUBJECT: Reject bid for furnishing and installing three (3) two-post lifts for Fleet Services. (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid for furnishing and installing three (3) two-post lifts for the Fleet Services Division were sent to seventeen (17) contractors. One bid was received in response to solicitation and it was in an amount greater than the amount budgeted. Staff will review the specifications and re-advertise for bids. Purchasing Division DW:ljm S:\PURCH\ADMIN\Reject Bids - 50,000 Lb Two-Post Lifts, 05-06-42, August 1S, 200S.doc Created on 7/28/200S 12:37:00 PM ADMINISTRATIVE REPORT MEETING DATE: June 21,2006 AGENDA SECTION: Consent Calendar ITEM: 5. é-C-c... TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENTHEAD~ CITY ATTORNEY~ CITY MANAGER (){Æ Nelson K. Smith, Finance Director DATE: June 9, 2006 SUBJECT: Reject bid for seven (7) front loader refuse trucks with packer bodies. (City Wide) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to nine (9) suppliers for providing seven (7) front loader refuse trucks with packer bodies. One (1) bid was received in response to solicitation. Specifications required suppliers to provide trucks with diesel engines meeting 2007 state and federal emissions regulations. Production delays associated with the engine re-design have pushed the delivery time for diesel front loaders with 2007 engines to approximately five-hundred (500) days from the date of order. Due to increased down time of existing equipment and the fact that one of the requested trucks is additional to fleet to accommodate growth, the stated delivery time is impractical. Staff will revise the specifications to reflect an LNG engine. Purchasing Division DW S:\PURCH\ADMIN\Reject Bids - Front Loader Refuse Trucks, 05-06-47, August 16, 2006.doc Created on 8/3/20066:21 :00 PM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5', d dc./., TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED #'5 ßJW áW;> July 28, 2006 SUBJECT: Extend Bid from South Coast Fire Equipment ($1,605,791.55) for One (1) Replacement Tractor-Drawn Aerial Truck and Two (2) Replacement 1500 GPM Fire Pumper Trucks. (Wards 3 and 6) RECOMMENDATION: Staff recommends extension of bid. BACKGROUND: At the Council meeting of March 6,2002, City Council approved the purchase of one (1) tractor-drawn aerial truck ($648,249.03) and one (1) 1500 GPM Fire Pumper Truck ($388,843.46) from South Coast Fire Equipment. The bid specifications included a provision whereby the City may purchase additional units at the same per unit cost for an additional seven (7) years, with price adjustments to due to increases in the Consumer Price Index (CPI) and to account for modifications to specifications to comply with changes to State and Federal codes. Increases to the CPI and required changes in specifications have resulted in an increase since 2002 of 12.9% and 12.4% respectively to the ladder truck and the pumper truck. The equipment will replace Ladder Truck 7 and Fire Engines 10 and 13. Funds for the purchase are in the FY 2006/2007 adopted budget. Purchasing Division DW S:\PURCH\ADMIN\Fire Trucks, South Coast Fire Equipment Extension of Bid, August 16, 2006.doc July 31,2006 ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: s: e. C- e.-, TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED July 28, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Noritsu America Corporation in the amount of $63,181.92 for one (1) digital dry printer. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The Police Department currently utilizes a color copier to print crime scene photographs as well as other investigation materials which are sent to the Kern County District Attorney and the Federal Bureau of Investigation. The color copier is not producing photographs of a high enough quality to satisfy the District Attorney's office and many of the photos must be re-processed by outside labs. Staff in the Police Department's Crime Scene Unit and the Purchasing Division researched the market to determine quality and availability of digital printing products and finds the digital dry printer manufactured by Noritsu Koki to best meet the City's needs in terms of quality, functionality and cost. The digital printer manufactured by Noritsu Koki is sold directly by the manufacturer through Noritsu America Corporation. The General Services Administration (GSA) has a contract with Noritsu America and the City of Bakersfield is able to purchase off of this contract. Piggybacking on to the GSA contract will allow the City to obtain equipment meeting the City's requirements at the discounts offered to the federal government. The Police Department applied for, and received, a Department of Justice grant for the purchase of the equipment. Purchasing Division DW S:\PURCHIADMIN\Digital Dry Printer, Noritsu America Corporation, August 16, 2006.doc Created on 7/28/2006 4:25:00 PM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: 5:. fFP. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ff2v? Nelson K. Smith, Finance Director August 1, 2006 SUBJECT: Accept bid from SHI in the amount of $63,726,23 for replacement IBM Servers and related equipment. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to approximately one hundred (100) vendors for providing replacement servers and related equipment such as hard disk drives, power supplies and processors to be used by the Police Department. The existing equipment houses critical data associated with the Police Department Records Management System and GIS database. IBM has informed the City that they will no longer support or maintain the equipment as of December 31, 2006. Six (6) bids were received in response to solicitation and are as follows. BIDDER AMOUNT SHI $63,726.23 Garden Grove, California Zones, Incorporated $69,372.55 Auburn, Washington Myriad Solutions $69,702.84 Irvine, California Microworld $73,559,56 Newport Beach, California En Pointe $79,042.25 Irvine, California ARCC Enterprises $87,839.37 Bakersfield, California Staff finds the low bid to be acceptable and recommends award of the bid to SHI, Garden Grove, CA. Purchasing Division DW S:\PURCH\ADMIN\IBM Servers, 06-07-07, August 16, 2006.doc August 4, 2006 ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: $'. '1-"-.0- . ---.;r. -y- August 1, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director OVED SUBJECT: Accept bids for the McCutchen/Gosford Sewer lift Station Project 0Nard 6): 1. Accept bid from ABS Pump Inc. ($285,996) for the purchase of five pumps. 2. Accept bid from Biorem Environmental Inc. ($175,000) for the purchase of odor control system. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: On March 8, 2006, Council adopted Resolution 076-06 dispensing with formal bidding procedures for construction of a permanent pump station for Wastewater Treatment Plant Number 3. Because of the recent failures occurring at the temporary pump station, which caused several spills at the intersection of Buena Vista Road and McCutchen Road, Staff recommended dispensing with the regular bidding process and allowing the Design-Build method of construction. Due to the untenable operational situation and potential for sewer spills, utilizing the Design-Build method was a tactic used to accelerate the construction of the new permanent pump station. Since then the contractor has begun construction of the lift station and staff has begun the procurement process for the large-lead-time items. The items which the City committed to purchasing were the five sewer pumps and the odor control system. This project is time sensitive so the most crucial requirement was the dates of delivery for these items. Delivery dates, along with pricing and technical evaluation, were the terms of approval. Expansion for Wastewater Plant No.3, including this lift station, is currently being designed by Parsons. They have provided the City with technical review of the bids and information received to ensure the best possible selection. For the lift station pumps, three (3) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $285,996.00 ABS Pump, Inc. Sacramento, California Fairbanks Morse Pump Kansas City, Kansas $335,463.00 ITT Flygt Corp. City of Industry, California $390,000.00 August 3,2006, 10:38AM PW I Design Engineering I CV G:\GROUPDATlADMINRPT\2006\08-16\Pump and odor control Admin.doc ADMINISTRATIVE REPORT Staff finds the low bid to be acceptable and recommends award of the bid to ABS Pump, Inc., Sacramento, California. For the odor control system, two (2) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $133,526.00 General Electric-Pacific Solution, Inc I Bay Products, Inc Rolling Hills Estates, California Biorem Environmental, Inc. Victor, New York $175,000.00 Staff does not find the low bid to be acceptable in this case. Although the General Electric-Pacific Solution was the lowest bid, the media used for this odor control system does not have a record of proven performance. In the past, the City of Bakersfield has opted against the purchasing of product that not been of a proven reliable nature. In this case, the media of a biofilter odor control system is a critical component to the overall system. Biorem has the qualifications desired, the shortest schedule and meets technical specification. Staff recommends award of the bid to Biorem Environmental, Inc., Victor, New York. August 3,2006. 10:3BAM PW I Design Engineering I CV G:IGROUPDATlADMINRPT\2006108-16IPump and odor control Admin.doc ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: 5. hl,I", August 2, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director SUBJECT: Agreement with Meyer Civil Engineering, Inc. ($206,125) for final design of a New Sewer Trunk Line to Wastewater Treatment Plant NO.2 (Wards 1 and 3). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In late 2004, Public Works conducted a Qualifications and Proposal process to select a firm to provide a Project Study and Preliminary Engineering Design for a new sewer trunk line to WWTP #2. This new sewer trunk line will support growth in the WWTP #2 sewer service area. The Council awarded the contract to Meyer Civil Engineering, Inc. in November 2004 and the Project Study was accepted by Public Works as complete in October 2005. The final design and preparation of construction documents for the project is being done in stages. The first stage is for the very large diameter pipe (72 inch) which runs from WWTP #2 to the intersection of S. Oswell Street and Redbank Road. The final design for the first stage of the trunk sewer line is being completed by Mcintosh and Associates and is expected to be under construction before the end of 2006. Under this current agreement, Meyer Civil Engineering will provide final design and construction documents for the remaining length of the project from Oswell Street at Redbank Road to Edison Highway at Vineland Road. This length of sewer includes frontage at the new high school being built in the southeast, Mira Monte High. The City is working with the Kern High School District to facilitate the construction of the sewer to meet construction goals for the new high school. Timely coordination of this design and the resultant construction work is essential to the opening of the new school and other new land developments in the area. RES - PW/Engineering August 7,2006, 4:09PM G:\GROUPDA T\ADMINRPT\2006\08-16\Meyer Agreement sewer design.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: s:. ///. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED NS ßÎ/l~ ðl.J2; July 26, 2006 SUBJECT: Accept bid and award contract to Irwin Seating Company ($423,724.02) for installation of auditorium seating for the Convention Center. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to Bid for providing and installing new auditorium seating in the Convention Center were sent to twelve (12) suppliers. Three (3) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $423,724.02 Irwin Seating Company Grand Rapids, MI Herk Edwards, Inc. Torrance, CA $484,781.00 American Seating Company Grand Rapids, MI Staff finds the low bid to be acceptable and recommends award of the bid to Irwin Seating Company, Grand Rapids Michigan in the amount of $423,724.02. Part of the savings from the refinancing of the Arena Bonds will be used for the purchase of the seating. $564,690.54 Purchasing Division DW S:\PURCH\ADMIN\Convention Center Seating, 05-06-40, August 16, 2006.doc Created on 7/26/2006 1 :48:00 PM ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: s.;.¡:. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ ó?V""7 August 1, 2006 SUBJECT: Accept bid from Comp USA in the amount of $43,713.00 for Televisions for the Rabobank Arena Concourse. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to Bid for twenty-two (22) replacement televisions for the Rabobank Arena concourse were sent to ten (10) suppliers. Five (5) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $43,713.00 Comp USA Bakersfield, CA Best Buy Gov LLC Richfield, MN $48,043.71 Casa Moore Audio and Video Bakersfield, CA $49,788.88 Urner's, Inc. Bakersfield, CA $53,733.63 West Coast Business Products Chatsworth, CA $55,219.72 Staff finds the low bid to be acceptable and recommends award of the bid to Comp USA, Bakersfield, CA in the amount of $43,713.00. Part of the savings from the refinancing of the Arena Bonds will be used for the purchase of the televisions. Purchasing Division DW S:\PURCHIADMIN\Televisions for Rabobank Arena Concourse ,06-07-04, August 16, 2006.doc Created on 8/1/20068:38:00 AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: ~. K.1a:.. DATE: July 26, 2006 CITY ATTORNEY CITY MANAGER APPROVED I) & if PtJú ~ TO: FROM: Honorable Mayor and City Council ."...,~ :. ne Hoover, Director , ecreation & Parks Department DEPARTMENT HEAD SUBJECT: Memorial Grove on Manor Street to be officially named San Miguel Grove. (WJrd3) RECOMMENDATION: Community Services Committee recommends approval of this request. BACKGROUND: The Community Services Committee voted unanimously at its meeting to officially name the Memorial Grove the San MiQuel Grove. The grove was recently built by the city and volunteers, and was dedicated on June 14, 2006. The Memorial Grove was not given a name at the time of dedication. The Kern River Parkway Foundation proposed the San Miguel name to city Council for their consideration in naming the grove in accordance with the Kern River Parkway Naming and Signage ordinance. History indicates that Father Garces christened the nearby Native American Village, "Rancheria San Miguel de los Noches". 80th the Kern River Parkway Foundation and the Tree Foundation of Kern concur with the San Miguel Grove name designation. sf 5:\2006 Admins\memorial grove admin July 27, 2006, 11:26AM 5:\2006 Admins\Memorial Grove Admin.dot ADMINISTRATIVE REPORT MEETING DATE: August 16,2006 AGENDA SECTION: Consent Calendar ITEM: 5. I / J . TO: APPROVED DEPARTMENT HEAD /VJ CITY ATTORNEY---/£(rL4 CITY MANAGER . .~ SUBJECT: Assessment District and related Public Financing Authority (PFA) Bond Call ) 1. Appropriate $2,351.967 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA Bonds. Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: July 31, 2006 RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: During the year owners may pay the assessment lien balance on their property. The City, as Trustee, is required to use these additional amounts to "call" outstanding special assessment bonds. The principal and any premium amounts are forwarded to the City's paying agent to retire bonds in advance of their normal maturity in accordance with the respective bond indentures. Some of the assessment bonds were issued using the Bakersfield Public Financing Authority (PFA) as a conduit. A like amount of PFA bonds are called when certain assessment bonds are called. Various bond calls are scheduled for September, 2006. This action aligns the budget to maintain compliance with staff fiduciary responsibilities. clw P:\AD\Admin-AssmntDistBondCall.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S. m.W\ 'Yl . TO: FROM: DATE: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks APPROVED DEPARTMENT HEAD ?? CITY ATTORNEY ~ c/ Ill5 CITY MANAGER August 4, 2006 SUBJECT: Appropriate a $10,000 mini-grant from First 5 Kern to the Recreation & Parks Department Operating Budget to provide swim lessons and recreational swimming at the Dr. Martin Luther King, Jr., Community Center located at 1000 So. Owens Street (Ward 1). RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Recreation and Parks Department received two $5,000 mini-grants from First 5 Kern (formerly the Kern County Children and Families Commission) to provide recreational swimming and swim lessons to children at the Dr. Martin Luther King, Jr. Community Center pool. These grants will address the following objectives: 1) opportunity to gain basic swimming skills, 2) safe water techniques, 3) increase access and availability to a supervised pool, 4) recreational, fitness, and social opportunities, and 5) improve the lives and conditions of children 0 - 5 years of age. Approximately, 500-600 children accompanied by 150 adults will benefit from the programs. Due to the lateness of the summer season for 2006, the majority of the grants will apply to spring and summer season 2007. Sl August 4, 2006. 11 :38AM:rlj S:\2006 Admins\First 5_Swim_8-16-06.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: S-. /1 n fl . TO: FROM: DATE: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks APPROVED DEPARTMENT HEAD ?-- CITY ATTORNEY dil;jl}l-¡ cX¡1)5 CITY MANAGER ólJ;; August 4, 2006 SUBJECT: Appropriate a $1,000 contribution from Irma Carson, Councilmember, to the Recreation & Parks Department Operating Budget for a field trip during the 2006 Camp King program provided at the Dr. Martin Luther King, Jr., Community Center located at 1000 So. Owens Street ryvard 1). RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: A contribution of $1,000 was received from Councilmember Carson to the Camp King program which is provided at the Dr. Martin Luther King, Jr. Community Center. The Recreation and Parks Department offers this 7-week summer program including activities such as arts and crafts, sports, storytelling, special events, games, and swimming. During summer 2006, 48 children, 6 - 12 years old, participated in the program. This contribution pays transportation costs for an end-of-summer field trip. Councilmember Carson previously contributed $430 to the program in FY 05-06. SI August 4, 2006, 11 :38AM:rtj S:\2006 Admins\Camp King_8-16-06.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar ITEM: :;. ùoO. TO: FROM: DATE: Honorable Mayor and City Council ~ Carroll Hayden, Human Resources Manager DEPARTMENT HEAD August 4, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Revised Job Specification: Associate Planner Reclassification: Assistant Planner (1 position) to Associate Planner RECOMMENDATION: Staff recommends approval. BACKGROUND: The Development Services Department has recently experienced difficulties in recruiting qualified applicants for the position of Associate Planner. Prior to conducting a new recruitment, the Planning Director would like to update the job specification to accurately reflect the current assignments and qualifications. The job specification was last updated 17 years ago. In addition, the Planning Director has identified that the existing Assistant Planner, Dave Dow, has been performing at the level of Associate Planner and, therefore, should be reclassified to Associate Planner. CCAPE concurs with the proposed revision. There is no budgetary impact as the salary will remain the same. The revised job specification will be presented to the Miscellaneous Civil Service Board at their August 15, 2006 meeting. 8/3/2006 11 :49:00 AM S:\ADMINRPT\Associate Planner.doc :\ 1\ ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: b. fL- . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD M CITY ATTORNEY _ CITY MANAGER 0J1J? Stanley C. Grady, Development Services Director July 28, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1377 and Specific Parks and Trails Plan for Northeast Bakersfield Amendment (Ward 3) Dunmore Communities, representing Malladi S. Reddy, the property owner, has applied for a general plan amendment and zone change on 130 acres located at the northwest corner of Morning Drive and Paladino Drive and an amendment to the Specific Parks and Trails Plan for Northeast Bakersfield. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space-Slopes) on 2.7 acres to LR on 110.4 acres and OS (Open Space) on 19.7 acres, establishing Specific Plan Lines for three unnamed Collectors as shown on Exhibit C, and revising the Bikeway Master Plan to designate Class 3 bike routes along the proposed Collectors as shown on Exhibit D, and adopting the Specific Parks and Trails Plan for Northeast Bakersfield amendment to designate Class 3 bike routes along the proposed Collectors as shown on Exhibit D. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres, R-1-HD (One Family Dwelling - Hillside Development Combining Zone) on 10.2 acres, A (Agriculture) on 30.5 acres, and A-HD (Agriculture - Hillside Development Combining Zone) on 10.1 acres to R-1 on 84.8 acres, R-1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan/Specific Parks and Trails Plan for Northeast Bakersfield amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of approximately 390 single-family residential units and would preserve the majority of the hillsides with 8 percent slope or greater within the 130-acre project site. ADMINISTRATIVE REPORT Page 2 The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on June 15, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, biological resources, cultural and paleontological resources, hazardous materials, public improvements, contour grading and open space maintenance 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 May 19, 2006, in accordance with CEQA. PH\Admin\8-16-1377 ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: b.b. TO: FROM: DATE: Honorable Mayor and City Council APPROVED SUBJECT: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~- July 28,2006 CITY ATTORNEY /J!16/, . CITY MANAGER (flf53 General Plan Amendment/Zone Change 05-1932 (Ward 4 Upon Annexation) SmithTech/U.S.A., Inc., representing Bidart Bros., the property owner, has applied for a general plan amendment and zone change on 65 acres located on the east and west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 25 acres and LR (Low Density Residential) on 40 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 102-04 and 102- 05 from A (Agriculture Zone) to R-2/PUD (Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on 25 acres and R-1 (One-Family Dwelling Zone) on 40 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 430 single-family homes on the 65-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 June 15, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, traffic, and public improvements 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 May 15, 2006, in accordance with CEQA. PH - S:\GPA 2nd 2006\05-1932\Staff Reports\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: 0. t. . TO: APPROVED DEPARTMENT HEAD ,Øt-- CITY ATTORNEY ~ CITY MANAGER ó7A 1) SUBJECT: General Plan Amendment/Zone Change 05-0519 (V'Jard 6 Upon Annexation) Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: July 28, 2006 Mcintosh & Associates, representing Santa Barbara Capital, the property owner, has applied for a general plan amendment and zone change on 466.84 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and the north-south midsection line of Section 4 (1/2 mile west of Ashe Road) to the west (future Reliance Drive). 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 05- 0519/Annexation No. 503. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres. 3. First reading of ordinance amending Title 17 of the Municipal Code and amending Zoning Map Nos. 142-03 and 142-04 from A (Agriculture Zone) to R-1 (One-Family Dwelling Zone) on 275.25 acres, from A to R-1/PUD (One-Family Dwelling Zone/Planned Unit Development Zone) on 181.81 acres, and from R-S- 20A (Residential Suburban 20-Acre Minimum Lot Size Zone) to R-1 on 9.78 acres. RECOMMENDATION: Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving the proposed general plan amendment, and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 2,334 single-family residential units on the 466.84-acre project site. Despite the irregular shape of the project site and its minimal frontage along Taft Highway, other contiguous projects along the south side of Taft Highway from Stine Road to west of Ashe Road have been approved by the City or are currently in process. Together with the proposed project, these projects form a logical annexation area for future urban development within the City of Bakersfield. ADMINISTRATIVE REPORT Page 2 The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on June 27,2005, an adequacy hearing to receive comments on the Draft EIR on March 2,2006, and a hearing on the Final EIR on June 15, 2006. The Final EIR was recommended for certification by the Planning Commission on June 15, 2006. Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan requires the decision making body to evaluate ten factors to determine the appropriateness of agricultural conversion proposals. These factors were addressed in the Farmland Conversion Study prepared by Mcintosh & Associates (May 2005) for the project. The project will result in a permanent loss of approximately 444 acres of prime agricultural land, which is considered a significant and unavoidable impact for which there are no feasible mitigation measures; therefore, adoption of a statement of overriding considerations would be required in order to approve the project. Determinations regarding the appropriateness of agricultural conversion proposals are at the discretion of the City Council. 16.41 acres of the project site are under a Williamson Act land use contract. Although a Notice of Non- Renewal has been filed, the term of the contract will not expire until December 31, 2014. Cancellation of the Williamson Act land use contract will be processed through the County of Kern. Project implementation would permanently alter the nature and appearance of the project site from active farmland to urban uses. Security and street lighting would introduce light and glare into the area. Development would convert existing open space to urban uses, resulting in the incremental loss of open space within the Metropolitan Bakersfield area. Mitigation measures are proposed to reduce light and glare intrusion to a level of insignificance, but the permanent loss of open space is a significant unavoidable impact; therefore, adoption of a Statement of Overriding Considerations is required. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on June 15, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Mitigation measures which address aesthetics, light, and glare, agriculture, air quality, biological resources, cultural resources, geologic and seismic hazards, hydrology and water quality, noise, public health and safety, public services and utilities, and traffic impacts are recommended as part of the project approval. In addition, conditions of approval requiring the payment of a Williamson Act land use contract cancellation fee and the preparation of a master park and trails plan for the project are recommended. Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as conditions of approval, and construction in accordance with the Uniform Building Codes, agricultural and aesthetics impacts would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program and the adoption of CEQA findings and a statement of overriding considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093. PH - S:\GPA 2nd 2006\05-0519 Ashe NO.4 EIR\Staff Reports\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Heari~s ITEM: 0ad. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD U-- CITY ATTORNEY ;?øb4- CITY MANAGER ci1-úS Stanley C. Grady, Development Services Director July 21,2006 SUBJECT: General Plan Amendment/Zone Change 05-1917 (Ward 6, Upon Annexation). Marino/Associates, representing Taft 28 LLC, the property owner, has applied for a general plan amendment and zone change on 28.87 acres, located on the southwest corner of Taft Highway and Ashe Road. 1 . Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 28.87 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 142-04 from E (20)-RS (Estate - 20 Acres, Residential Suburban Combining) to R-2 (Limited Multiple Family Dwelling) zone on 28.87 acres RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of 400 multiple-family residential dwelling units on the 28.87-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 15, 2006, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. 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 May 5, 2006, in accordance with CEOA. S:\GPA 2nd 2006\05-1917\StaffReports\Admin Report revised.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: C;. é . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~. CITY ATTORNEY ~ , CITY MANAGER ~ Stanley C. Grady, Development Services Director July 21, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1918 0Nard 6, upon annexation) Marino/Associates, representing KC Taft Gosford, the property owner, has applied for a general plan amendment and zone change on 18.43 acres located on the southeast corner of Taft Highway and Gosford Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 18.43 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/Church Overlay) zone on 18.43 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of 321 multiple-family residential dwelling units on the 18.43-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 15, 2006, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. 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 May 5, 2006, in accordance with CEQA. S:\GPA 2nd 2006\05-1918\Staff ReportlAdmin Report revised. doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: r;. f: TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER GZv3 Stanley C. Grady, Development Services Director July 28, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1479 (Ward 6 Upon Annexation) Mcintosh & Associates, and Centex Homes, representing Kevin Earl Pascoe and Laura Cregger Pascoe, the property owners, has applied for a general plan amendment and zone change on 8.92 acres located north of Taft Highway (State Route 119) between Stine Road and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to LR (Low Density Residential) on 8.92 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map No. 123-34 from A (Agricultural) to R-1 (Single Family Residential) on 8.92 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of 44 single-family residential units on the 8.92 acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 15, 2006, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. The applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural and paleontological resources and public improvements 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 May 19, 2006, in accordance with CEQA. PE S:\Dana\admin\2006\Aug\8-16-1479.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: b. q. (f TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD 7lfr- CITY ATTORNEY /31J14 CITY MANAGER ~ Stanley C. Grady, Development Services Director July 21,2006 SUBJECT: General Plan Amendment/Zone Change 05-1783, Appealed 0Nard 1, upon annexation) Mcintosh and Associates, representing Fairfax Holdings L.P., the property owner, has applied for a general plan amendment and zone change on 89.5 acres located on the west side of Fairfax Road, south of Redbank Road. An appeal of the Planning Commission's decision was submitted by Mcintosh and Associates. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from RR (Rural Residential), SR (Suburban Residential), and ER (Estate Residential) to LR (Low Density Residential) on 89.5 acres 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-11 and 124-12 from R-S-1A (Residential Suburban - 1 acre minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban - 2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources - 5 acres) to R-10n 5 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, denying the appeal and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units on the 89.5 acre site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommend City Council approval on June 15, 2006. McIntosh and Associates, on behalf of Fairfax Holdings, L.P., was in opposition to the recommended condition of approval requiring off-site frontage improvements on the south half of Redbank Road. Mr. Roger A. Mcintosh cited that this requirement was placed on the General Plan Amendment and Zone Change at the last minute without making the necessary findings to justify off-site improvements. He added that these improvements are approximately 1,000 feet in length and will amount to approximately $250,000 that will benefit others. Despite the opposition of the applicant, the Planning Commission recommends this condition of approval. A letter appealing this condition was received in the City Clerk's office on ADMINISTRATIVE REPORT Page 2 June 19, 2006. Following discussion with the applicant, Public Works recommends modifications to Condition No. 6(a) requiring the City to compact the upper 2-112 feet of the Northeast Sewer trunk line trench along Redbank Road following construction and to reconstruct the south Y2 of the existing roadway to current standards. These modifications would lessen the burden upon the applicant associated with the construction of these required improvements. 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 May 15, 2006, in accordance with CEOA. JS: \S:\GPA 2nd 2006\05-1783\Staff Reports\Admin Report revised.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Closed Session ITEM: 7, a. . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 9, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ¡/(;- {/(;-- ~ SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section 54956.9. (re: Claim of Minnie Jung.) VG:lsc S:\COUNCIL\CI Sess\Admins\06-07\08-16-06 Potential.dot August 9, 2006, 8:57AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: <J . ô-. . CITY MANAGER APPROVED ~.,....- 10JW ~ TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD July 18, 2006 CITY ATTORNEY SUBJECT: General Plan Amendment/Zone Change 05-0940, Appealed CNard 1 Upon Annexation) Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon, and Barbara Sheldon, the property owners, have 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's decision was submitted by Roger A. Mcintosh. 1. Resolution approving the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52.29 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres. RECOMMENDATION: Staff recommends adoption of a resolution, approving the Negative Declaration, approving the appeal and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: This project was continued from the May 24, 2006 City Council meeting. The staffs original recommendation was for denial based upon potential odor impacts from the poultry farm located across Cottonwood Road. The owner of Farmer John Egg Company, (owner of the poultry farm) expressed concern about a residential development across the street from his poultry farm. Staff has met with applicant since the May 24, 2006 meeting, and the street and lot design has been prepared that reflects industry standards regarding potential significant odor "thresholds." The new street and lot design now depict in the southeast portion of the project an area in which there would be no habitable structures. Non-residential uses such as landscaping, street, walls and drainage sumps will be permitted within the area where odor impact is projected to be the greatest. ADMINISTRATIVE REPORT Page 2 With the required walls, landscaping, location of the sump and the required covenant over the property (which alerts future property owners to the proximity of the poultry farm), staff believes the odor issue has been resolved. The applicant had appealed the Planning Commissions decision to deny the project WL: IS:\GPA 151 2006105-094O\Admin Staff ReportlCC Aug 16 20061Aug16 05-0940 -approval.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: 'g,b. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ . CITY MANAGER~ July 17, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1928, Appealed (Ward"" Upon Annexation) Porter-Robertson Engineering, representing Todd Sweaney, the property owner, has applied for a general plan amendment and zone change on 38.86 acres located at the northeast corner of Snow Road and Jewetta Avenue (future). An appeal of the Planning Commission's decision was submitted by Harold W. Robertson. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) and ER (Estate Residential) to SR (Suburban Residential) on the entire 38.86 acres 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 102-06 from A (Agriculture) to E (Estate Residential) on 38.86 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment and first reading of the ordinance. BACKGROUND: The applicant filed an application seeking to change land use designations from R-IA and ER to SR on 32.07 acres north of the Calloway Canal. The applicant's exhibit showed the 2.56 acre canal right-of- way within the commercial portion, and has proposed moving the canal slightly to the north. On the 6.79 acres south of the canal he had requested a commercial designation (GC). The Planning Commission held a public hearing on June 15, 2006. Planning staff recommended the canal and areas south of it be zoned C-1/PCD, because the site met the land use element's minimum commercial acreage and location standards. Additionally, this portion has an irregular shape and will incur substantial street right-of-way costs. The applicant objected to offsite street improvements between the project site and the Friant-Kern Canal, but otherwise concurred with the staff report. Dennis McLean, opposed the commercial use and expressed concerns regarding the land use conflicts with abutting horses, increased traffic, and crime. He also felt the presence of the (open) canal limited the amount of variety of commercial development that could occur in the proposed C-1/PCD portion of ADMINISTRATIVE REPORT Page 2 the property. Planning Commissioners McGinnis, Blockley and Chair Lomas commented on the size of the commercial land. Noting the site might only be enough to support a convenience market with gas pumps (2.38 acres net). It was also noted that other applicants have relocated canals to create larger, more viable (residential and commercial) projects. The Commission voted 4-1 to make the entire property residential. Commissioner Tragish dissented, because he supported staff's commercial recommendation. The applicant filed an appeal on June 22, 2006 and stated two requests. The first is for the City Council to approve the 6.79 acres commercial component. The second is to remove Public Works Condition #14 which was added at the request of the Commission. This condition requires full street improvements along the north side of Snow Road when any portion of the project area is improved. The proposal, as recommended by the Planning Commission, would allow the development of 66 single family dwellings north of the Calloway Canal, and approximately 10 units south of the canal alignment. No agencies opposed the June 15, 2006 request. An initial study determined the proposal as conditioned would not have a significant effect on the environment. It is generally accepted that a single family development has less impacts than a commercial development of the same acreage; therefore, the negative declaration prepared and posted on May 25, 2006, in accordance with CEQA is adequate for the 38.86 acres of residential development recommended by the Planning Commission. WL:wel S:\GPA 2nd 2006\05-1 928\City Council\lst reading draft. doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: '9. c. . TO: FROM: DATE: Honorable Mayor and City Council APPROVED ,I' Stanley C. Grady, Development Services Director DEPARTMENT HEAD ?1:-" July 21,2006 CITY ATTORNEY (/.b CITY MANAGER ÓÌ1J5 SUBJECT: General Plan Amendment/Zone 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 and zone change on 90 acres located on 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 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, amending Title 17 of the Municipal Code and amending Zoning Map No. 102-04 from A (Agriculture) to R-1 (One Family Dwelling) on 90 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: This item was considered by the City Council on May 14, 2006. The Council continued this item to the June 7, 2006 meeting, at which time the Council continued the item to the next GPA cycle at the request of the applicant. Staff and Councilmember Couch met with the applicant and neighborhood property owners on July 12, 2006 and discussed the project and concerns of the neighbors. In response to that meeting the applicant has proposed seven additional conditions to enhance the attributes of the project. The conditions are as follows and have been added to the resolution recommending approval: 1. Roof mounted air conditioners shall not be permitted on homes with lots that abut Snow Road. 2. All homes on lots that abut Snow Road shall be single story. 3. There shall be one ingress and egress along Snow Road having right turn out only. Additional ingress/egress may be permitted on Coffee Road. 4. The developer shall construct the entire median along the Snow Road frontage of the project site. 5. The maximum number of permitted dwelling units shall not exceed 370. 6. The roof material for all structures within the project area shall be tile. ADMINISTRATIVE REPORT Page 2 7. In lieu of customary builder's wood fences, in addition to any other fence or wall requirements, block walls shall be constructed along subdivision entrances along the rear and side yards of lots at those entrances that connect to Snow and Coffee Roads. 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 the 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 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 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 or the project site. The original SR for the area was required because there was no sewer available. The smallest lot size is X 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 CEQA. S:\GPA 1st 2006\05-1453 cont August\Staff Reports\Admin Report 8-16-06 revised.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: ~. d . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD .~ CITY ATTORNEY k ~R-/J//'> / CITY MANAGER óh.ß August 10, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1947, Appealed (Ward 5/6 Upon Annexation) Banducci Land, LLC, the property owner, has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission's decision was submitted by Brent Dezember. 1. Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture Zone) to R-1 (One-Family Dwelling Zone) on approximately 46 acres. RECOMMENDATION: In accordance with a request from the applicant (see attached August 9, 2006 letter), staff recommends a continuance of this item to August 30, 2006. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 181 single- family homes on the 46-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 15, 2006, and continued this item to July 6, 2006, at which time they recommended approval to the City Council. Anna Dezember, representing StructureCast, a precast concrete manufacturing facility to the north of the site, testified during the June 15th public hearing. She stated that StructureCast is concerned that the incompatibilities between their operations and the proposed residential development have not been adequately addressed. ADMINISTRATIVE REPORT Page 2 An appeal of the recommendation of the Planning Commission by Brent Dezember on behalf of StructureCast was received in the City Clerk's office on July 14, 2006. StructureCast is concerned that the proposal as recommended by the Commission does not include an adequate buffer to protect their current industrial facility. The Planning Commission feels that the proposed conditions of approval and mitigation measures sufficiently address potential interface issues, including a 10-foot high noise barrier along the northern property line and a 100-foot setback between the northem property line and the nearest habitable residential structure. Included in the backup material (attached to Negative Declaration) are letters dated June 13, 2006, and July 3, 2006, from Giroux and Associates, Environmental Consultants, the preparer of the air quality and noise studies for the proposal, responding to a letter from the San Joaquin Valley Air Pollution Control District and to interface issues raised by Ms. Dezember and the Commission. Golden Empire Concrete operates a concrete batch plant at the southwest corner of Gosford Road and McCutchen Road, immediately north of StructureCast. Various correspondence from the applicant, StructureCast, and Golden Empire Concrete's attorney were provided to the Planning Commission and are included in the backup material for this item. Three recently approved General Plan Amendment/Zone Change proposals (04-0057, 04-1012, and 05- 0423) for residential development in the immediate vicinity have been approved by the City. It is staff's understanding that the applicants for these three projects entered into private agreements with Golden Empire Concrete and/or StructureCast addressing issues such as residential building setbacks and heights, sound walls and other noise mitigation measures, and disclosure provisions prior to City approval of these projects; neither Golden Empire Concrete nor StructureCast opposed any of these projects. The applicant has attempted to enter into agreements with StructureCast and Golden Empire Concrete but has not been successful. Although the conditions of approval imposed on these three projects by the City Council were similar, they were tailored for each project in accordance with site-specific considerations. Subsequent to the Planning Commission hearing, staff has re-reviewed the conditions of approval imposed by Council on these three proposals. Based upon this review, staff recommends the addition of a condition requiring the applicant to reimburse StructureCast for up to $20,000 for any sound muffling that they may elect to construct on or around their concrete batch plant; a similar condition was imposed on all three projects for the StructureCast and/or Golden Empire Concrete facilities. StructureCast claims that their private agreement regarding GPAlZC 04-1012 does not permit any residential lot to be situated within 100 feet of StructureCast's western property boundary; they anticipate that this buffer area will contain a landscaped strip and a local street. The City Council imposed a condition of approval on GPAlZC 04-1012 which prohibits habitable residential structures to be constructed within the 100-foot buffer area, similar to the condition of approval recommended by staff and the Planning Commission for this project. However, this condition of approval permits portions of residential lots within the buffer area, such as deep lots with 100-foot rear yard setbacks. StructureCast's preference is to prohibit residential lots within the buffer area. To the contrary, the Planning Commission feels that it would be premature to impose such a restriction at this time; rather, they recommend that the 100-foot habitable residential structure setback be imposed and that further details regarding the ultimate lot and street configuration be addressed at the tract map review stage. Upon further review of this issue subsequent to the Planning Commission hearing, staff recommends that this condition be revised in accordance with StructureCast's request. Staff feels that this would be prudent since the imposition of such a restriction may be difficult to defend from a legal standpoint at the tract map stage if challenged by the future subdivider, whereas the Council's ability to place such restrictions on General Plan Amendment requests is much greater. Staff feels that the long-term compatibility of the proposed residential development with StructureCast's operations would be enhanced if residential lots are excluded within the setback area. ADMINISTRATIVE REPORT Page 3 Conditions of approval and mitigation measures which address air quality, cultural resources, noise, traffic, and public improvements, and which require the inclusion of a disclosure provision regarding adjacent industrial operations in residential grant deeds, are recommended as part of the project approval. The applicant agreed to all conditions and mitigation for the project. 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 May 19, 2006, in accordance with CEQA. PH - S:\GPA 2nd 2006\05-1947\Staff Reports\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: August 16, 2006 AGENDA SECTION: Hearings ITEM: <6. e . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD 9tr- CITY ATTORNEY I~ CITY MANAGER ~ August 9,2006 SUBJECT: General Plan Amendment/Zone Change 05-1887 (Ward 1) Marino/Associates, representing Mel Heinemann and Jack & Nuha Haddad, the property owners, has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment to Zoning Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to P.U.D. (Planned Unit Development) on 39.29 acres. RECOMMENDATION: Staff recommends denial of the proposed general plan amendment and zone change. BACKGROUND: The proposal would allow for the development of 290 detached residential units, a public park, and a drainage sump on the 39.29-acre project site. The majority of the project site lies within the %-mile buffer area for the City of Bakersfield's Wastewater Treatment Plant No.2, established by the Public Works Department to prevent the development of odor- sensitive land uses, including residential development, in close proximity to this facility. Operations at the treatment plant include collection, treatment and disposal of effluent. This is considered a heavy industrial use that is not compatible with residential uses. Ponds and lagoons could pose a significant nuisance and hazard to any non-industrial use within close proximity to the treatment plant. The applicant presented an alternative proposal to the Planning Commission for their consideration, consisting of residential development and a drainage sump within the southern half of the project site. Although residential development would be set back further from the treatment plant under the alternative proposal, residential development would encroach into the %-mile buffer area. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 15, 2006, and recommended denial to the City Council. No individuals or agencies present at the hearing opposed the request. ADMINISTRATIVE REPORT Page 2 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 May 17, 2006, in accordance with CEQA. PH - S:\GPA 2nd 2006\05-1887\Staff Reports\Admin Report.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 19, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Sullivan, Scrivner Absent: Vice-Mayor Maggard, Hanson Council member Motion by Councilmember Couch to add an item to the Closed Session portion of agenda that arose after the agenda was posted regarding potential litigation as item 3. c. 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Molina v City. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9. (One case regarding incident at The Park at Riverwalk on July 1, 2006) c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(E) of Government Code Section 54956.9. (one matter) Motion by Councilmember Couch to adjourn the meeting to Closed Session at 5:17 p.m. Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:37p.m. ACTION TAKEN APPROVED AS MAGGARD, HANSON APPROVED AS MAGGARD, HANSON APPROVED AS MAGGARD, HANSON Bakersfield, California, July 19,2006 - Page 2 RECONVENED MEETING - 6:40 p.m. 5. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Sullivan, Scrivner Absent: Vice-Mayor Hanson Maggard, Council member 6. INVOCATION by Reverend Janell Mahoney, First Congregational Church. 7. PLEDGE OF ALLEGIANCE by Gabby Claggett, 4th Grade Student at Centennial Elementary School. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Molina v City. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9. (One case regarding incident at The Park at Riverwalk on July 1, 2006). b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(E) of Government Code Section 54956.9 9. PRESENTATIONS c. a. Presentation by Mayor Hall of Certificates to the Number 1 ranked graduates in the Kern High School District. Mayor Hall recognized the following students and presented them with certificates: · Ronik Bhangoo and Raechel Paine - Bakersfield High School · Kyle Bardet, Joshua Cartmell, Sarah Franz and Nicholas Griepsma - Centennial High School · Alexis Nelson and Katelyn Walker - East Bakersfield High School · Celeste Ahl, Lauren Barnes, Maria Mendez and Amanda Shumway - Foothill High School ACTION TAKEN CITY ATTORNEY AUTHORIZED TO SETTLE FOR $40,000 NO REPORTABLE ACTION NO REPORTABLE ACTION Bakersfield, California, July 19, 2006 - Page 3 9. PRESENTATIONS Item 9.a. continued . Candelaria Cuestas - Golden Valley High School · Ravi Doshi and Meagan Jackson - Highland High School · Jillian Brandley, Elizabeth Garber, Michael Gardiner, Steven Gardiner, Caitlin Ghilarducci, Matthew Hicks, Matthew Klinchuch, Alicia Kolbus, Cameron Lewis, Kirsten Paulson, Emma Suderman, Nicholas Toothman and Robert Winchester - Liberty High School · Ben Giesbrecht, Andia Heydari and Joshua Spiers - North High School · Navjot Sidhu and Linda Wilson - Ridgeview High School · Laurice Gango - South High School · Michele Chin, Arezu Haghighi, Nimi Katragadda, Ashley Ratliff and Curtis Wang - Stockdale High School · Sara Freeman and Curtiss Walker - West High School b. Presentation by Mayor Hall of Certificates to Fruitvale Junior High National History Day Gold Medal winners. Mayor Hall introduced Fruitvale National History Day winners James Diller, Brianne During, Lindsay Hatcher, Marriel Hies, Laura Wilson and coach Doug Wilson and presented each individual with a certificate. Coucilmember Benham made comments regarding the Gold Medal winners. Councilmember Sullivan congratulated the students. 10. PUBLIC STATEMENTS a. Mike Polyniak proposed a cat Ordinance and provided written material. Councilmember Scrivner requested the Legislation and Litigation Committee address the cat Ordinance issue. b. Aneesha Hasan spoke regarding term limits. c. Ann Gallon spoke regarding the Federal Court House. ACTION TAKEN Bakersfield, California, July 19, 2006 - Page 4 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 21, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from June 9, 2006 to July 7,2006 in the amount of $19,723,523.18 and self-insurance payments from June 9,2006 to July 7,2006 in the amount of $374,377.03. Ordinances: c. First Reading of Ordinance amending Section 15.82.060 of the Municipal Code relating to the fee for park development and improvement. First Reading of Ordinance amending Municipal Code Section 1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. d. e. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-08) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to PUD (Planned Unit Development) on 30.63 acres generally located on the southwest corner of Ming Avenue and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc.) (ZC 06-0332) Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R- 1 (One-Family Dwelling) to PUD (Planned Unit Development) on approximately 5 acres located at the northeast corner of Stine and Berkshire Roads. (ZC 05-1455) (Lynx Realty & Management, representing William & Geraldine Skaggs) f. ACTION TAKEN FR FR FR ORD 4363 Bakersfield, California, July 19, 2006 - Page 5 12. CONSENT CALENDAR continued g. Adoption of Ordinance approving Notice of Exemption and amending Section 17.06.020 (Zone Map Nos. 122-16,21,22 & 23) of the Municipal Code by changing the zoning from A- 20A (Agriculture 20 Acre Minimum Lot Size) to E (Estate-One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 159.67 acres; C-1 PCD (Neighborhood Commercial-Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers-Planned Commercial Development & Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres located on the north side of Panama Lane between S. Allen Road and Nord Avenue. (ZC 06- 0321) (Mcintosh & Associates, representing SunCal Companies) (McAllister Ranch) Resolution in opposition to the Oil Tax Initiative, a Statewide Ballot proposal also known as the Clean Alternative Energy Act. Resolution requesting the State Legislature amend State laws pertaining to Safe Zones. j. Property Abatements: h. i. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of assessments by the Kern County Tax Collector. 2. Resolution confirming approval by the Assistant City Manage of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which structures have been secured against entry or for abatement of weeds, debris and waste matter and authorize collection of assessments by the Kern County Tax Collector. 1. ACTION TAKEN ORD 4364 RES 177-06 RES 178-06 RES 179-06 RES 180-06 Bakersfield, California, July 19, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN k. Delinquent Sewer User Charges: 1. Resolution providing for establishment of RES 181-06 separate special assessment funds for Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the collection of delinquent sewer charges. 2. Resolution authorizing the Kern County Tax RES 182-06 Collector to collect said charges. I. Delinquent Refuse User Charges: 1. Resolution providing for establishment of a RES 183-06 separate special assessment fund for Solid Waste to be added to the property tax roll for the collection of delinquent prorated refuse charges for new services previously billed. 2. Resolution authorizing the Kern County Tax RES 184-06 Collector to collect said charges. m. Resolution calling and giving notice of holding a RES 185-06 General Municipal Election for the election of Councilmembers for Wards 1, 3, 4 & 7 and requesting consolidation with the County of Kern State-wide General Election to be held on Tuesday, November 7, 2006. n. Resolution adding territory, Area 4-58 (16th, Myrtle RES 186-06 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. o. Resolution of Intention No. 1361 to add territory, ROl1361 Area 3-50 (Harris, Progress NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No. 1413 to add territory, ROl1413 Area 3-52 (Panama, Mountain Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Bakersfield, California, July 19,2006 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN q. Resolution of Intention No. 1461 to add territory, RO/1461 Area 1-61 (Etchart, Verdugo SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. r. Resolution of Intention No. 1462 to add territory, RO/1462 Area 3-49 (Old River, Pacheco SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1463 to add territory, RO/1463 s. Area 4-56 (Kern Canyon, Vineland ) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. t. Resolution of Intention No. 1464 to add territory, RO/1464 Area 4-57 (Vineland, Highlander SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. u. Resolution of Intention No. 1465 to add territory, RO/1465 Area 5-27 (S. Union, Hosking SE#2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. v. Resolution of Intention No. 1467 to add territory, RO/1467 Area 5-28 (Planz, Hale SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1468 to add territory, RO/1468 Area 3-48 (Panama, Ashe SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. x. Resolution of Intention No. 1469 to add territory, RO/1469 Area 3-51 (Harris, Mountain Vista SE to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 12. Bakersfield, California, July 19, 2006 - Page 8 CONSENT CALENDAR continued ACTION TAKEN y. Resolution of Intention No. 1470 to add territory, RO/1470 Area 5-29 (Hale. Filson SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 492 consisting of 80.98 RES 187-06 acres located west of Miramonte Drive, generally south of State Highway 178. 2. Annexation No. 510 consisting of 126.68 RES 188-06 acres located south of Olive Drive, west of State Freeway 99. 3. Annexation No. 522 consisting of 60.77 RES 189-06 acres located south of Rosedale Highway, west of EI Toro Viejo and east of Calloway Drive. 4. Annexation No. 523 consisting of 33.01 RES 190-06 acres located north of east Hosking Avenue, between South Union Avenue and Cottonwood Road. 5. Annexation No. 530 consisting of 77.56 RES 191-06 acres located at the northwest corner of Gosford Road and Taft Highway. 6. Annexation No. 531 consisting of 96.07 RES 192-06 acres located north of Stockdale Highway, generally west of Renfro Road. 7. Annexation No. 554 consisting of 66.69 RES 193-06 acres located west of Jewetta Avenue, east of Calloway Canal and north of Snow Road. 8. Annexation No. 556 consisting of 32.29 RES 194-06 acres located west of Stine Road, south of Taft Highway and east of Farmer's Canal. z. Bakersfield, California, July 19, 2006 - Page 9 12. CONSENT CALENDAR continued aa. Revised job specification, changes to salary schedule and title change: Amendment NO.2 to Resolution NO.78-06 setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Special Events Manager, Rabobank Arena. 2. Revised job specification for Director of Booking and Events position. 1. 3. Change of Title for Director of Booking and Events to Special Events Manager, Rabobank Arena. Agreements: bb. Final Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with R S & B Land Development for Tract 5923 Phase 4 located on the intersection of Chase Avenue and Mesa Marin Drive. Final Map and Improvement Agreements with Fairway Oaks South, LP. for Tract 6079 Unit 5 located South of Southern Pacific RR on Mountain Vista Road. Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6149 Phase 8 located on H ig hway 178 West of Miramonte Drive. Final Map and Improvement Agreements with K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 1 located on the intersection of Panorama Drive and Masterson Street. 5. Final Map with "Q" Street Investments, LLC for Tract 6538 located on the intersection of 36th Street and "Q" Street. 1. 2. 3. 4. 6. Final Map and Improvement Agreements with Castle & Cooke California, INC for Tract 6681 located on the intersection of Ming Avenue and Grand Lakes Avenue. ACTION TAKEN RES 78-06(2) AGR 06-186 AGR 06-187 AGR 06-188 AGR 06-189 AGR 06-190 AGR 06-191 AGR 06-225 AGR 06-192 AGR 06-193 AGR 06-194 Bakersfield, California, July 19, 2006 - Page 10 12. CONSENT CALENDAR continued cc. Agreement with D. R. Horton Los Angeles Holding Company, Inc. ($145,000) to purchase real property located west of Old River Road, north of Harris Road for a water well site. Agreement with Kern River Public Access Committee ($492,525) to purchase real property located east of Coffee Road on the south side of Brimhall Road (extended) for the Westside Parkway. Assignment of Pipeline License Agreement No. 92- 10 from Duke Energy Field Services LP to Oildale Energy LLC. Agreement with County of Kern to reimburse direct labor cost incurred related to the development of projects for the Thomas Roads Improvement Program (TRIP) on County lands (unspecified amount). Agreement with William Avery & Associates (not to exceed $150,000) for executive search services. License Agreement with Kern County Water Agency for the northwest pipeline, turnouts and controls within One Ditch Canal near Coffee Road. Agreement with Greater Bakersfield Convention and Visitors' Bureau for the purpose of promoting the City. jj. Reimbursement agreement to develop Weston Park located at the southwest corner of Stine Road and McKee Road. dd. ee. ff. gg. hh. ii. Agreement with Lennar Homes of California, Inc. ($502,350) to develop park. 2. Appropriate $502,350 Fund Balance within the Capital Improvement Budget of the Park Improvement Fund (Southwest Zone 1- Improvement Funds). 1. ACTION TAKEN AGR 06-195 DEED 6460 AGR 06-196 DEED 6461 AGR 06-197 AGR 06-198 AGR 06-199 AGR 06-200 AGR 06-201 AGR 06-202 Bakersfield, California, July 19, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN kk. Purchase of real property located north of Paladino AGR 06-203 Drive, east of Valley Lane for park site. DEED 6462 1. Agreement with Barcelona LLC ($89,000) for purchase of said real property. 2. Appropriate $94,000 Fund Balance within the Capital Improvement Budget of the Park Development Fund (Northeast Zone 3- Acquisitions Funds). II. Calloway Canal Box Culvert and Relocation of the Friant Kern Canal Project. 1. Reimbursement Agreement with Lennar AGR 06-204 Homes ($93,000) to construct improvements on Olive Drive and Calloway Drive. 2. Reimbursement Agreement with McMillin AGR 06-205 Homes ($27,418) for construction costs of block walls and gates near the intersection of Olive Drive and Calloway Drive. 3. Appropriate $340,000 Transportation Development Fund balance to the Capital Improvement Budget to fund Reimbursement Agreements and other project costs. mm. Cooperative Agreement with the State of California AGR 06-206 Department of Transportation for proposed interchange on State Route 99 at Hosking Avenue. nn. Agreement with GC Environmental, Inc. (not to AGR 06-207 exceed $507,508) for landfill gas system services for four year term. 00. Agreement with Dokken Engineering ($4,413,674) AGR 06-208 for design consulting services for Phase I of the Westside Parkway Project (Mohawk Street from Rosedale Highway to Truxtun Avenue). Bakersfield, California, July 19,2006 - Page 12 12. CONSENT CALENDAR continued pp. Consultant Agreements for Improvement Plan and Final Map Review. qq. Agreement with Boyle Engineering Corporation (not to exceed $150,000) for improvement plan, final map and maintenance district consulting services. Agreement with Harris and Associates (not to exceed $100,000) for improvement plan and final map consulting services. Agreement with Greenfield Housing, L.P. ($300,000 HOME Investment Partnership Community Housing Development Organization (CHDO) funds) to construct 35 affordable single family rental units at the southwest corner of Fairview Road and South Union Avenue. 1. 2. Agreement with Quad Knopf, Inc. to sublease office space at 900 Truxtun Avenue. ss. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 05-1420 generally located on the southeast corner of Taft Highway and Buena Vista Road. rr. 1. Agreement with Bakersfield-Taft, LLC ($273,248) for the preparation of an EIR and appropriate $205,450 (developer's contribution) to the Development Services Operating Budget in the General Fund. Agreement with Impact Sciences, Inc. Consulting ($205,450) to prepare EIR. tt. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-0961 (Riverview-Section 21) generally located east of Kern Canyon Road, west of Comanche Road, and north of future extension of Jaunt Road. 2. 1. Agreement with SKY 21, LLC and North East Budget in the General Fund. 2. Agreement with RBF Consulting ($150,000) to prepare EIR. ACTION TAKEN AGR 06-209 AGR 06-210 REMOVED FOR SEPARA TE CONSIDERA TION AGR 06-212 AGR 06-213 AGR 06-214 AGR 06-215 AGR 06-216 Bakersfield, California, July 19,2006 - Page 13 12. CONSENT CALENDAR continued ACTION TAKEN uu. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-0962 generally located southeast of Kern Canyon Road, north of Breckenridge Road. 1. Agreement with Bakers Hill, LLC ($195,000) AGR 06-217 for preparation of EIR and appropriate $150,000 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($150,000) AGR 06-218 to prepare EIR for GPA No. 06-0962. vv. Amendment NO.1 to Agreement No. 03-203 with AGR 03-203(1) California Water Service Company to include a treated water filtration plant in the Joint Use of Water Facilities at City of Bakersfield Station L208 located at the corner of Coffee and Norris Roads. ww. Amendment NO.1 to Agreement No. 05-122 with AGR 05-122(1) the State of California Department of transportation (Caltrans) to transfer maintenance and operation of new signal at Ming Avenue and State Route 99 southbound on-ramp from Caltrans to the City. xx. Amendment NO.5 to Agreement No. 97-283 with AGR 97-283(5) SunGard HTE ($145,900) to provide customized programming services to improve synchronization of the HTE File with Kern County Assessor's data. yy. Amendment No. 1 to Agreement No. 05-262 with AGR 05-262(1) Jim Alfter Cement Contractor ($900,000 revised total not to exceed $1,800,000) and extending term for one year for the annual contract for concrete construction. Bids: ZZ. Reject bid for storm drain improvements north of Hageman Road from Coffee Road to Patton Way. aaa. Accept bid and award annual contract to Ameripride AGR 06-219 Uniform Services, (not to exceed $650,000) for industrial laundry service. bbb. Accept bid from Central Valley Truck Center ($456,880.72) for two additional automated Bakersfield, California, July 19, 2006 - Page 14 12. CONSENT CALENDAR continued ccc. Accept bid and award annual contract to Kern Sprinkler Landscaping, Inc. (not to exceed $175,000) for landscape and irrigation service. ddd. Accept bid and award contract to Pestmaster Services, Inc. (not to exceed $118,300) for chemical application. eee. Accept bid and award contract to Loop Electric ($111,685) for traffic signal and lighting system installation on Panama Lane at Ashe Road. fff. Pavement Reconstruction Project for Federal Fiscal Year 2005/2006 - Various Locations 1. Accept bid and award contract to Griffith Company ($2,870,348) for construction of project. 2. Appropriate $526,634 Federal Surface Transportation funds and $70,000 Gas Tax fund balance to the Capital Improvement budgets within the ISTEA Fund and the Gas Tax Fund, respectively. Miscellaneous: ggg. Appropriate $20,000 contribution from First 5 of Kern to the General Fund in the Recreation & Parks Department Operating Budget for a mini-grant to provide and install playground safety surfacing at Campus North, Quailwood, Yokuts and University Parks. hhh. Appropriate $69,210 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. iii. Appropriate $20,000 Developer Share EIR Trust Revenues to the Planning Department operating budget within the Development Service Fund for consulting services to provide assistance in processing concurrent applications and Environmental Impact Reports for GPAlZC Nos. 06- 0961 (Riverview-Section 21) and 06-0962 (Watermark-Section 29). jjj. Acceptance of 2004-05 Transportation Development Act Funds Financial Statements. ACTION TAKEN AGR 06-220 AGR 06-221 AGR 06-222 AGR 06-223 AGR 06-224 Bakersfield, California, July 19, 2006 - Page 15 12. CONSENT CALENDAR continued kkk. Revised job specification for Network Systems Analyst position. III. Revised job specification for Development Associate position. mmm. Audit Reports related to City transportation programs: 1. California Department of Transportation Examination of Indirect Cost Rate Proposals for the Department of Public Works. 2. California State Controllers Office Gas Tax Fund Audit Report. nnn. Appointment of League Voting Delegate and Alternate at Annual Conference. 000. 2006 Legislative Platform City Clerk McCarthy announced correction to item 12.nnn. Motion by Councilmember Couch to approve Consent Calendar items 12.a. through 12.000. with correction to item 12.nnn. and the removal of item 12.qq. for separate consideration. qq. Agreement with Greenfield Housing, L.P. ($300,000 HOME Investment Partnership Community Housing Development Organization (CHDO) funds) to construct 35 affordable single family rental units at the southwest corner of Fairview Road and South Union Avenue. Motion by Councilmember Carson to approve the Agreement. 13. CONSENT CALENDAR HEARINGS None. ACTION TAKEN APPROVED AS MAGGARD, HANSON AGR 06-211 DEED 6463 DEED 6464 APPROVED AS MAGGARD, HANSON Bakersfield, California, July 19, 2006 - Page 16 14. HEARINGS a. Public Hearing to consider street cut workmanship and performance fee increase from $9.60 per lane- foot to $17.50 per lane-foot. 1. Resolution approving and adopting an adjustment to the street cut workmanship and performance warranty fee. First Reading of Ordinance amending Municipal Code Section 12.16.150 by adding Subsection C relating to the imposition of the street cut workmanship and performance warranty fee. 2. Public Works Director Rojas made staff comments. Hearing opened at 7:18 p.m. No one spoke. Hearing closed at 7:19 p.m. Motion by Councilmember Couch to adopt the Resolution and give first reading to the Ordinance. b. Public Hearing to consider appeal by Leroy Petty of the Building Director's decision concerning construction of a carport at 3309 Spring View Street. 1. Resolution upholding the Building Director's decision requiring the applicant to apply for a zoning modification with the Planning Department and comply with the Board of Zoning Adjustment's ruling within 10 days or, if a zoning modification is not pursued, remove the carport within 30 days. Development Service Director Grady made staff comments. Hearing opened at 7:22 p.m. Leroy Petty spoke in opposition to the staff recommendation. No one spoke in support of the staff recommendation. Motion by Councilmember Sullivan to continue the issue to the August 30, 2006 Council meeting. ACTION TAKEN RES 195-06 FR APPROVED AS MAGGARD, HANSON CONTINUED TO AUGUST 30, 2006 APPROVED AS MAGGARD, HANSON Bakersfield, California, July 19, 2006 - Page 17 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested staff provide an updated regarding the schedule for the streetscaping project on 34th Street. Councilmember Benham requested staff fill potholes on Niles St. between Mt. Vernon and Beale. Councilmember Benham requested staff address a citizen inquiry regarding acquisition of property along the 24th Street corridor. Councilmember Benham requested an update regarding a previous referral concerning the repair of the sidewalk in front of Cay Health Foods and provided contact information. Councilmember Benham requested staff address issues concerning construction and maintenance of the Veterans Memorial and provided correspondence from Colombo Construction outlining those concerns. Councilmember Benham requested staff assistance in responding to citizen concerns regarding the train whistle issue. Council member Benham requested Mayor Hall adjourn the meeting in honor of the late Jim Burke. Councilmêmbêr Carson rêquêsted staff repair a pothole at Rodman and Virginia A venue. Councilmember Carson requested staff evaluate the pavement on Stockdale Hwy. and Real Road. Councilmember Carson thanked Recreation and Parks Director Hoover for the Movie in the Park evening in Casa Lorna Park. Councilmember Sullivan stated she would provide a list of streets in need of repairs in the next few days. ACTION TAKEN Bakersfield, California, July 19, 2006 - Page 18 18. COUNCIL AND MAYOR STATEMENTS continued Councilmember Sullivan made comments regarding the 50th Anniversary of the Congressional approval of the "In God We Trust" motto as the official motto of the United States and the commemoration to take place at the Convention Center on July 30th. Councilmember Couch requested the Safe Neighborhoods and Community Relations Committee address the following elements regarding parks: · Increased police presence · Park patrol · Park Ambassador Program or Friends of the Park Program · Promotion of the Adopt a Park Program · Implementation of a Park Watch Program modeled after the Neighborhood Watch Program Councilmember Couch requested staff thank the County for the installation of the traffic signal at Jenkins and Meacham. Councilmember Couch requested staff accompany him and Supervisor Rubio on August 1, at 2:00 p.m., to meet with the Editorial Board of the San Joaquin Valley Air Pollution Control District to request funds for a transfer siting station; additionally staff to approach the Rose Foundation to request funds for the siting station. Council member Couch thanked Boy Scout Troop 194 for cleaning up the bikepath on July 8 and July 11, California Pizza Kitchen for providing diner to participants and Jamba Juice for awarding a prize to the scout picking up the most trash. Councilmember Couch complimented the Police Department for rapid response to an issue at Riverwalk Park. Councilmember Scrivner thanked staff for responding to referrals expeditiously. Councilmember Scrivner thanked Public Works Director Rojas, Development Services Director Grady, City Manager Tandy, Assistant Chief Lynn and staffs for making recent community meetings successful and Assistant City Manager Christensen for coordinating the meetings. ACTION TAKEN Bakersfield, California, July 19, 2006 - Page 19 18. COUNCIL AND MAYOR STATEMENTS continued Mayor Hall made comments regarding the legacy of Jim Burke 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:52 p.m. in memory of Jim Burke. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN