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HomeMy WebLinkAbout10/11/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA OCTOBER 11, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular.Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. WORKSHOPS 3. PUBLIC STATEMENTS' (Regarding Closed Session nam(s) only during this portion of the meeting) 4. CLOSED SESSION a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue) b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding John M. Tarabino, et al v. City. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Nolberto Gomez, Victory Outreach. 7. PLEDGE OF ALLEGIANCE by Elijah Reza, 3rd Grade Student at Bessie Owens Primary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. Michael Clark, Director, Kern Regional Center, proclaiming October 2006, as "Employment for People with Disabilities Month". b. Presentation by Mayor Hall of Proclamation to Penny Burciaga, Youth Outreach Director, Bakersfield Rescue Mission, proclaiming October 15-21, 2006, as "Character Counts Week". 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 27,2006, Regular City Council Meeting. Payments: b. Approval of department payments from September 16, 2006 to September 28, 2006 in the amount of $9,497,607.66 and self-insurance payments from September 16, 2006 to September 28, 2006 in the amount of $242,476.94. Ordinances: c. First Reading of Ordinance amending Subsection B of Section 13.12.030 of the Municipal Code relating to Standard Design Manuals. 12. CONSENT CALENDAR continued d. First Reading of Ordinance repealing Section 15.64.380 of the Municipal Code relating to Fire Department members assuming duties of peace officers. (Ward 6) (Ward 4)* (Ward 7) (Ward 5) (Ward 7) (Ward 1) First Reading of Ordinance amending Title 17 (Zone Map No. 123-11) of the Municipal Code by changing the zoning from R-3 (Limited Multi-Family Dwellings-1 ,250 sq ftIdwelling unit) to C-O (Professional and Administrative Office) on 11,974 sq ft (0.27 acres) located at the northwest corner of Akers Road and Ardmore Avenue. (ZC 06-0620) (Applicant: Mcintosh & Associates/Property Owner: ETMM Partnership) First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-06) of the Municipal Code by changing the zoning from E-5A (Estate-5 acre minimum lot size) to C-2 (Regional Commercial) on 18.79 acres located at the northwest corner of Snow Road and Calloway Drive (ZC 06-0380) (Applicant: Marino and Associates/Property Owner: Julia Randolph, et al) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-23) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to Revised PCD on 1.8 acres located on the south side of Pacheco Road, approximately 100 feet west of Wible Road. (ZC 06-0368) (Applicant: Olsen Design Studio/Property Owner: Catalina Barber Group) (FR 09127/06) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-32) of the Municipal Code by changing the zoning from C-2 (Regional Commercial) to C-Q (Professional and Administration Office) on 0.58 acres located on the south side of Brimhall Road, ~ mile west of Coffee Road. (ZC 06-0737) (Applicant: Porter- Robertson Engineering & Surveying/Property Owner: JP/CP Development) (FR 09127/06) Resolutions: e. f. g. h. i. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentation for January through December 2007. j. Resolution adding territory, Area 3-57 (Berkshire, Wible 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 4-63 (Texas, Easter 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. I. Amendment No.3 to Resolution No. 078-06 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 Parks Superintendent. k. m. Amendment NO.6 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 Construction Inspector II. Agreements: (Ward 5) n. (Ward 4) o. . - upon annexation Agreement with Castle & Cooke California, Inc. ($65,000) for reimbursement of all costs associated with construction of Tevis Planned Drainage Area facilities not associated with Tract 5940 development requirements. Agreement with Castle & Cooke California, Inc. ($110,000) for reimbursement of costs to construct an additional sewer main across Stockdale Highway. 2 (Ward 4) (Ward 2) (Ward 4) (Ward 1) 12. CONSENT CALENDAR continued Road Improvements along Jewetta Avenue and Stockdale Highway: 1. Agreement with Castle & Cooke California, Inc. (not to exceed $620,000) for reimbursement of costs for road improvements. 2. Transfer $249,200 from Capital Improvement Project (Street Improvement - Panama Lane Widening) to this project within the Transportation Development Fund. q. 2007 Healthcare Contracts (Personnel Committee recommends approval) p. 1. Amendment No. 1 to Agreement No. 05-414 with Blue Cross of California for indemnity health and dental services. 2. Amendment No. 1 to Agreement No. 05-415 with Blue Cross/California Care Health Plans for medical services for employees and retirees. 3. Amendment No. 1 to Agreement No. 05-416 with Blue Cross of California for Medicare Risk Plan Senior Secure. 4. Amendment No. 1 to Agreement No. 05-417 with Kaiser Permanente - Managed Care Health Plans for medical services for employees. 5. Amendment No. 1 to Agreement No. 05-418 with Kaiser Permanente - Managed Care Health Plans for medical service for retirees (including Medicare Risk Plan. 6. Amendment No. 1 to Agreement No. 05-419 with Medical Eye Services (MES) for vision services. 7. Amendment NO.1 to Agreement No. 05-420 with Pacific Union Dental for pre-paid dental services. 8. Amendment No. 1 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for pre-paid dental services. 9. Amendment No. 1 to Agreement No. 05-422 with PacifiCare Behavioral Health of California for Employee Assistance Program (EAP). 10. Amendment No. 1 to Agreement No. 05-423 with PacifiCare Behavioral Health of California for emotional health care services. r. Amendment No.3 to Agreement No. 04-097/RA04-005 authorizing the Bakersfield Redevelopment Agency to use Community Development Block Grant funds for the Old Town Kern-Mixed Use Project. Contract Change Order No.1 to Agreement No. 06-184 with Bakersfield Well & Pump Company ($63,810 revised not to exceed $812,945) for upgrades to well discharge piping at CBK-45 located at 1500 Jenkins Road, north of Brimhall Road, and, L-212 located at 5108 Trinidad Lake Way, in the vicinity of Noriega Road and Allen Road. s. Bids: Accept base bid & additive alternate and award contract to Granite Construction Company ($417,240) for additional asphalt paving at S. Mt. Vernon Recycling Center project. Miscellaneous: t. u. Appropriate $2,935 Federal Grant Revenues (L.L.E.B.G.) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment. Staff recommends adoption of Consent Calendar items a through u. 3 (Ward 1) (Ward 2)* (Ward 3) (Ward 3) 15. 16. 17. 18. 19. 10/05/06 10: 15am 13. CONSENT CALENDAR HEARINGS 14. HEARINGS Public Hearing to consider Resolution authorizing Disposition and Development Agreement with the Bakersfield Redevelopment Agency for conveyance of real property located at 106 E. White Lane in accordance with Health and Safety Code Section 33445 for construction of Fire Station No.5 and Police Sub-station. Staff recommends adoption of resolution. a. b. Public Hearing to consider Resolution denying the appeal by West Coast Land Service and upholding the Planning Commission's decision approving Porter-Robertson Engineering & Surveying, Inc., representing EI Toro Viejo, LLC (property & mineral rights owner) application for Vesting Tentative Tract Map 6853 on 51.31 acres located at the northeast corner of Langley Road and Calloway Drive. Staff recommends adoption of resolution. c. Public Hearing to consider appeal by James B. Wiens, Clifford and Brown, representing Mr. and Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr of the Planning Commission's decision approving request by Marino and Associates, representing Patricia Crawford, et al (property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to R-S (Residential Suburban) located on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. 1. First Reading of Ordinance denying the appeal and adopting a negative declaration and amending Title 17 of the Municipal Code and Zone Map No. 104-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vineland Drive. Staff recommends give first reading to ordinance. d. Public Hearing to consider giving First Reading to Ordinance approving a Negative Declaration and amending Chapter 17.66 of the Municipal Code relating to HD, Hillside Development Combining Zone. Staff recommends adoption of negative declaration and give first reading to ordinance. REPORTS DEFERRED BUSINESS NEW BUSINESS COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Z~Sq[~ {~M Alan Tandy City Manager 4 1 -~C:-'..}.:'~oJ'!:>,,/ ~ ..... ~.'.,~ "~I~')"" AGENDA HIGHLIGHTS OCTOBER 11, 2006 COUNCil MEETING CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation and one case of existing litigation. CONSENT CALENDAR Ordinances Item 12c. First Readina of an Ordinance Amendina the Municloal Code relatina to Standard Desian Manuals. The Public Works Department uses several design manuals, reference standards and specifications in order to ascertain th$ need for, and manner of construction of improvements in connection with City development. Several of the documents have been revised and this amendment details those revisions. Item 12d. First Readina of an Ordinance Reoealina a Section of the Munlcloal Code relatina to Fire Deoartment Members Assumina Duties of Peace Officers. The original Code Section provided that all members of the Fire Prevention division "are peace officers when enforcing laws relating to fire prevention, fire suppression and environmental regulations." In 2002, the Fire Department reorganized and now all employees assigned to the Fire Prevention division are non-safety, miscellaneous employees. Therefore, this language is no longer necessary. Item 128. First Readina of an Ordinance Amendina the Municioal Code by Chanaina the Zonina from R- 3 (Limited Multi-Family Dwelllnas) to C-O (Professional And Administrative Office) on 0.27 Acres Located at the Northwest Corner of Akers Road and Ardmore Avenue. Mcintosh & Associates, representing ETMM Partnership, requests the zone change to allow commercial office development. This action will bring the site's zoning into conformance with the General Plan and the surrounding commercially zoned properties also located on the west side of the Intersection. Staff prepared a categorical exemption pursuant to the California Environmental Quality Act, because it Is an infill development that is consistent with the General Plan and zoning regulations. On August 3, 2006, the Planning Commission recommended approval by the City Council, subject to the conditions of approval. No one either spoke in opposition or submitted correspondence opposing the change. Item 12d. First Readina of an Ordinance Amendinathe Municioal Code by Chanalna the Zonina from E- 5A (Estate-5 Acre Minimum Lot Size) to C-2 (Reaional Commercial) on 18.79 Acres Located at the Northwest Comer of Snow Road and Calloway Drive. Marino and Associates, representing Julia Randolph, et ai, made the request for the purpose of developing a. low-rise 205,000 square foot neighborhood shopping center. Planning staff recommended a more appropriate C-1 (Neighborhood Commercial) zone, because the surrounding area is expected to be developed with residential uses in the future. The site is designated as General Commercial on the Metropolitan General Plan. Teri Bijom from the Kronick Moskovitz law firm, speaking on behalf of the applicant, said the applicant does not oppose the C-1 zone recommendation. On July 20, 2006, the Planning Commission approved the C-1 zone change and recommended approval . by the City Council. At the hearing, an area resident expressed concerns about student activities from the school grounds to the shopping center, and also noted traffic problems at the Norris Middle and Norris Elementary Schools located diagonally across the corner from the site. , Agenda Highlights Ckrtober11,2008 ~ Page 2 Resolutions Item 12/. Resolution Settina the Dates of Reaular City Council Meetinas. Budaet Hearinas. and Deoartment Budaet Presentation for Januarv throuah December 2007. All meetings will be held In the Council Chambers. Due to unforeseen conflicts. the Joint meetings of the Council and Board of Supervisors have been changed to Monday, March 5, 2007 and Monday, September 17, 2007. Aareements Item 120. Aareement With Castle & Cooke California. Inc. for Reimbursement of Costs to Construct an Additional Sewer Main Across Stockdale Hlahwav in the amount of $110.000. Castle & Cooke is currently developing Tentative Tract 6448, located south of Stockdale Highway and west of Renfro Road. As part of the development requirements, sanitary sewer improvements, along with a regional sewer lift station, must be constructed. Construction of the additional sewer main was incorporated Into construction of the regional lift station by Castle & Cooke. Sufficient funds are budgeted to cover this reimbursement agreement. Item 12p. Aareement With Castle & Cooke California. Inc. for Reimbursement of Costs for Road Imorovements alona Jewetta Avenue and Stockdale Hiahwav In an amount not to exceed $620.000. On January 31, 2001, the City and Castle & Cooke (Developer) entered into an Agreement to purchase land for water recharge purposes north of Stockdale Highway and east of Jewetta Avenue. Included within this agreement was a provision for the Developer to construct future road Improvements along both Jewetta Avenue and Stockdale Highway. Since the Developer took the lead on providing road improvements within this area, they also completed a portion of road Improvements which was the City's responsibility. The finished road Improvements will save the City a significant amount of money when the Westside Parkway is eventually constructed. There is $370,800 Included in the current year Capital Improvement Budget for this project. However, the scope of the project increased in order to include necessary work to properly facilitate construction of the future Wests ide Parkway. Budgeted funds are insufficient to cover expenses; therefore, staff recommends the transfer of funds available from the recently completed Panama Lane Widening project. Item 12q. 2007 Healthcare Contracts. The City's contracts for health insurance are up for renewal for 2007. The City's health care consultants have worked diligently with the various vendors to obtain the most favorable renewal rates. These rates reflect an increase in premium payment reserves In the active employee Blue Cross PPO plan, as well as favorable experience for the retiree Blue Cross PPO plan. The City's health insurance claims experience was also positively impacted by the plan changes agreed to for 2006. The Insurance Committee and the Personnel Committee have reviewed the proposed premium revisions and recommend approval. There are sufficient funds budgeted in the 2006-07 budget to fund these increases. Bids Item 12t Award Contract to Granite Construction Comoanv for Additional Asohalt Pavina at South Mount Vemon Recvclina Center Prolect. in the amount of $417.240. This project will add more paved work area for the increasing wood and greenwaste recycling which is currently done on dirt at the Mount Vernon Greenwaste Facility. The additional pavement will reduce the amount of dust to comply with Air District regulations. This project is funded by the Refuse Collection Fund. There are sufficient funds budgeted to award both the Base Bid and the Additive Alternative for this contract. Four acceptable bids were received. Staff recommends award to Granite Construction Company. Agenda Highlights October 11, 2006 Page 3 HEARINGS Item 1411. Public Hearinc to Consider a Resolution Authorizinc a Disoosition and Develooment Acreement with the Bakersfield Redevelooment Acencv for Convevance of Real Prooertv Located at 106 E. White for Construction of Fire Station No.5 and a Police Sub-Station. The City is required to hold a public hearing authorizing the Redevelopment Agency to commit funding to the project and approving the conveyance of property acquired by the Agency for the project. The legislative body is required to make the following findings: 1 ) the payment of funds for the acquisition of property is consistent with the Implementation Plan for the Southeast Bakersfield Redevelopment Project Area; 2) that no other reasonable means of financing the project are available; and 3) the project will benefit the project area or the immediate neighborhood. Staff has found the transfer of the property is consistent with the Bakersfield General Plan. Item 14b. Public Hearinc to Consider a Resolution Denvinc the Aooeal bv West Coast Land Service and Uoholdina the Plannlnc Commission's Decision AODrovinc the ADDlicatlon for Vestine Tentative Tract MaD 6853 on 51.31 Acres Located at the Northeast Corner of Lanclev Road and Callowav Drive. The tentative tract would allow for the development of 210 lots and 2 lots for active petroleum wells on the 51.31-acre project site. Fred Rappleye with West Coast Land Service, who represents the mineral lessee, and Gordon Dole of Dole Enterprises, Inc. .testified during the August 17, 2006 Planning Commission public hearing. The concern is that the approved tentative tract map deprives the lessee of two petroleum well sites and is not designed In accordance with local ordinances regarding safety, setback, and the integration of petrOleum facilities into the subdivision. The Planning Commission approved the request with conditions, and West Coast Land Service has appealed. The Commissioners formed a consensus that a "private" dispute between EI Toro Viejo, LLC (subdivider) and Dole Enterprises (mineral lessee) was in progress. The Commission determined that (a) the information presented by the appellant did not warrant a continuance; (b) neither a redesign of the vesting tract map nor a revision of the conditions of approval regarding the issues contested was necessary; and (c) the City need not become involved in the owner and lease holder's "private" dispute. Item 14c. Public Hearinc to Consider an ADDeal of the Planninc Commission's Decision to AODrove a Reauest for a Zone Chance to Pre-zone 20 Acres from A (Acrlculture) to R-S (Residential Suburban) Located on the South Side of Pioneer Drive (extended), Aooroxlmatelv 660 Feet East of Vineland Drive. The zone change is requested in order to construct a large lot, single-family residential development The project site is currently undeveloped and the property owners have requested annexation. On July 20, 2006, the Planning Commission recommended adoption by the City Council, subject to conditions of approval. An appeal was filed by James B. Wiens, representing the Stoller and Lehr families, who are adjacent land owners with agricultural operations. On September 13, 2006, the City Council held and closed a public hearing on the appeal to this zone change request. The Council requested staff research and prepare responses to several questions. Those questions and responses are attached to the administrative report. Item 14d. Public Hearinc to Consider Givina a First. Readinc to an Ordinance ADDrovinc a Necative Declaration and Amendinc the Municioal Code relatinc to HD. Hillside Develooment Combininc Zone. In 2003, the City Council directed Planning Staff to examine the potential long-term effects of development along the bluffs in Northeast Bakersfield. In March 2005, Council requested staff recommend ways to clarify and strengthen the Hillside Ordinance. In April 2005, the Planning and Development Committee reviewed and considered Changes concerning hillside stability, lot and fence setbacks and the use of landscaping. From the Committee's input, staff composed a draft amendment to the existing ordinance. , Agenda Highlights October 11, 2006 Page 4 , The first draft of the Amendment was available for public comment in May, 2005 and input on the draft was heard at a City of Bakersfield Planning Commission Public Hearing on June 2, 2005. In response from comments heard in the public hearing for the first draft of the Amendment on whether an Environmental Impact Report was required for the Amendment, staff prepared an Initial Study. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the environment; therefore a Negative Declaration was prepared. In response to comments and additional information gained from the City's consultant team and review of additional ordinances from other jurisdictions, clarifications and changes were incorporated into this second draft of the Amendment that was heard at a Planning Commission Public Hearing on July 6, 2006. There were 2 % hours of comments given at this Public Hearing. Several people spoke both in favor and in opposition, after which the Public Hearing was closed. The Planning Commission continued deliberation until September 7, 2006 and voted to approve the ordinance and recommend same to the City Council. Details of the proposed amendment are listed in the administrative report. A goal was established to "Conserve and enhance the unique aspects of open space within the planning area." To that end, four of the ten policies adopted In the General Plan's Open Space Element address hillside development. The proposed ordinance changes also address issues identified in the General Plan. On September 7, 2006, the Planning Commission voted 6 to 0 In favor of recommending the Amendment to the City Council. App~v~: ~ John W. Stinson, Assistant City Manager 00: Department Heads Rhonda Smiley, Public Information OffIcer City Manager's File City Clerk's OffIce News Media File ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Closed Session ITEM: t1.Cl. October 2, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council FROM: DATE: Virginia Gennaro, City Attorney SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (One issue). RS:do S:\COUNCIL\CI Sess\Admins\06-Q7\10-11-06 Potential1.dot October 2. 2006. 4:27PM ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Closed Session ITEM: I-t. b. TO: Honorable Mayor and City Council FROM: DATE: Virginia Gennaro, City Attorney October 2,2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · John M. Tarabino, et al v. City of Bakersfield Kern County Superior Court, Case No. S-1500-CV-257620-SPC VG:do S:\COUNCIL\CI Sess\Admins\06-07\ 1 Q-11-06Existlit.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Presentations ITEM: q. 0.. . TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall September 28, 2006 LBJJVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. Michael Clark, Director, Kern Regional Center, proclaiming October 2006, as "Employment for People with Disabilities Month". RECOMMENDATION: BACKGROUND: ndw September 28.2006. 12:39PM S:\MAYOR\ADMIN\2006\EMPLOYMENT FOR PEOPLE WITH DISABILITIES MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Presentations ITEM: C\. b. TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall September 28, 2006 JelfJli!lfED DEPARTMENTHEAD~ CITY ATTORNEY CITY MANAGER r(lA '3 SUBJECT: Presentation by Mayor Hall of Proclamation to Ms. Penny Burciaga, Youth Outreach Director, Bakersfield Rescue Mission, proclaiming October 15 through 21, 2006, as "Character Counts Week". RECOMMENDATION: BACKGROUND: ndw September 28.2006. 12:36PM S:\MA YOR\ADMIN\2006\CHARACTER COUNTS WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: ILa.. TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk September 29, 2006 l APPROVED DEPARTMENTHEAD~~)Ml CITY ATTORNEY CITY MANAGER 6'ZU7 SUBJECT: Approval of minutes of the September 27,2006 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kl ADMINISTRATIVE REPORT MEETING DATE: October 11,2006 AGENDA SECTION: Consent Calendar ITEM: lJ. b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 28,2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from September 16, 2006 to September 28, 2006 in the amount of $9,497,607.66 and self insurance payments from September 16, 2006 to September 28,2006 in the amount of $242,476.94. RECOMMENDATION: Staff recommends approval of payments totaling $9,740,084.60. BACKGROUND: RAR September 28. 2006, 3:36PM S:\Kim G\Forms & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: \;J. c.... TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 25, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance Amending Subsection B of Section 13.12.030 of the Bakersfield Municipal Code Relating to Standard Design Manuals. RECOMMENDATION: Staff recommends first reading of ordinance. BACKGROUND: The City of Bakersfield Public Works Department uses several design manuals, reference standards and specifications in order to ascertain the need for, and manner of construction of improvements in connection with development in the City. These standards come from state, national and international agencies and organizations. The standards and specifications have been officially adopted in Chapter 13.12.030 of the Municipal Code. Several of the documents have been revised and this amendment sets forth the specific versions of each document that the City is utilizing. Pw cmw September 19. 2006. 4:30PM C:\DOCUME-1\cwalker\LOCALS-1 \ T emp\XPgrpwise\DevelopStandOrdRev _1 st Read.doc ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION B OF SECTION 13.12.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO STANDARD DESIGN MANUALS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection B of Section 13.12.030 of the Bakersfield Municipal Code entitled Standards and specifications is hereby amended to read as follows: Section 13.12.030 Standards and specifications. B. The following standard manuals are adopted for the purposes stated in subsection A of this section: 1. Subdivision Design Manual, City of Bakersfield, 1989 2. Standard Specifications, Caltrans, 2002, Dual Units Mav 2006 3. Standard Plans, Caltrans, 2002, Dual Units Mav 2006 4. "Greenbook", Standard Specifications for Public Works Construction, AP\'V I\, 2003 Current ~jtiQn 5. Standard Special Provisions, CalTrans, 2002 01::181 Units Mav 2006 6. Sign S1gecifieati9A Manl::lsl, Vel. 1 aAd 2, CaITr-ans, 1992 ~ 6a. California Standi[Q ~ian Soecifications. Current...EQW.sm 7. Traffic Signal Control Equipment Specifications, CalTrans, current edition 8. Highway Design Manual, CalTrans, 4~EQition 2006. ~ Version 9. Traffic Manual, CalTrans, ~ 1~~6. Chaoters 1. 2. 7. 9 lSec.9-0R ~ 10. Construction Manual, CalTrans, ~ ~ 11. A Policy on Geometric Design of Highways and Streets, AASHTO, 4QQQ ~ 12. Mar:n-Jal on UAiferm Traffic Control De'Jic9s, FWHA, MillenRium iaition ~Q6 California ~. 13. Fundamentals of Traffic Engineering, Institute of Transportations Studies, U.C. Berkeley, 15th Edition 14. Equipment and Materials Standards, ITE, ~ jjWZ 15. Traffic Engineering Handbook, ITE, ~ ~ 16. Transportation Planning Handbook, ITE, ~ ~ 17. Transportation and Land Development, ITE, 4Q8i ~ 18. Residential StFeet Design ana Traffic Control Streets, ITE, 49i9 ~ Page 1 of 3 S:\PROJECTS\CMW\standards\ 13.12.030BAmend.Manuals_rev.doc I HERESY CERTIFY that the foregoing Ordinance was passed and adopted by the council of the City of Bakersfield at a regular meeting thereof held on , by The following vote: AYES: NOES: ABSTAIN: AGSENT: COUNCIL MEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BY: HARVEY L. HALL, Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: Page 3 of 3 S:\PROJECTS\CMW\standards\ 13.12.030BAmend.ManualsJev.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: (~.d. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 22, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 18/n4 t8m4 om SUBJECT: Ordinance repealing Section 15.64.380 of the Bakersfield Municipal Code relating to Fire Department members assuming duties of peace officers. RECOMMENDATION: Staff recommends first reading of ordinance. BACKGROUND: Staff is recommending the above section of the Municipal Code be repealed because its terms no longer apply to the present organization within the Fire Department. Section 15.64.380 provides that "Members of the fire department assigned to the fire prevention division, are peace officers when enforcing laws relating to fire prevention, fire suppression and environmental regulations." In 2002, a reorganization occurred in the department whereby all employees assigned to the fire prevention division are non-safety, miscellaneous employees. Fire safety employees are no longer assigned to or a part of the fire prevention division. Consequently, staff recommends that this section be repealed. RMS:lsc September 22,2006, 2:46PM S:\COUNC IL \Admins\06-07 Admins\ 1 5.64.380. Repeal. Fire-PeaceOfficers.doc ORDINANCE NO. ORDINANCE REPEALING SECTION 15.64.380 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIRE DEPARTMENT MEMBERS ASSUMING DUTIES OF PEACE OFFICERS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1 Section 15.64.380 of the Bakersfield Municipal Code is hereby repealed in its entirety. SECTION 2 This Ordinance shall be posted in accordance with the provIsions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -----00000----- S:\COUNCIL \Ords\06-07 Ords\ 15.64.380.Repeal.doc -- Page 1 of 2 Pages -- ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: l~.~. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD September 26, 2006 CITY ATTORNEY CITY MANAGER APPROVED ~ 9J ((lJ? SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 123-11) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-3 (Limited Multi-Family Dwellings - 1,250 sq ftIdwelling unit) to C-O (Professional and Administrative Office) zone on 11,974 sq ft (0.27 acres) located at the northwest corner of Akers Road and Ardmore Avenue (ZC# 06-0620 - Mcintosh & Associates, representing ETMM Partnership) (Ward 6) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On August 3, 2006, the Planning Commission held an advertised public hearing for this zone change request and recommended approval of the zone change by the City Council, subject to the conditions of approval. The request consists of changing the zone from R-3 (Limited Multi-Family Dwellings - 1,250 sq ftIdwelling unit) to C-O (Professional and Administrative Office) zone on 11,974 sq ft (0.27 acres) to allow commercial office development generally located at the northwest corner of Akers Road and Ardmore Avenue. No one spoke in opposition nor submitted correspondence opposing the change. This zone change will bring the site's zoning into conformance with the general plan, and the surrounding commercially zoned properties also located on the west side of the intersection. Additionally, the Planning Division has processed Site Plan Review Number (SPR) 06-0619 which is conditioned to rezone the property to C-O. That SPR proposes an office development upon this site and abutting property to the west. The existing apartment building on the land will be demolished prior to the construction of the office development. Staff has prepared a categorical exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act, because is an intill development that is consistent with the general plan and zoning regulations. It is within an area predominantly developed with urban uses. It is not identified as critical habitat for endangered or threatened species. The commercial zone will not significantly affect traffic, noise, air, or water quality. The area is adequately served by appropriate utilities & public services. This change will facilitate intill development. Staff recommends approval of the first reading of the ordinance. 9/27/06 wlawson \ S:\Dana\admin\2006\Oct\10-11-0620.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: la .-r_ TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER <\lcJ7 September 25, 2006 SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from E-5A (Estate - 5 acre minimum lot size) to C-2 (Regional Commercial) on 18.79 acres located at the northwest corner of Snow Road and Calloway Drive (ZC #06-0380 - Marino and Associates, representing Julia Randolph, ETAL) 0Nard 4, up on annexation) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On July 20, 2006, the Planning Commission held an advertised public hearing for this zone change request and recommended approval of the zone change by the City Council. The applicant requested changing the zone to pre-zone the site from E-5A (Estate - 5 acre minimum lot size) to C-2 (Regional Commercial). The applicant expresses interest in developing a low-rise 205,000 sq ft neighborhood shopping center. This type of use is permitted in the C-1 (Neighborhood Commercial) zone, and Planning staff recommended the C-1 zone was more appropriate, because the surrounding areas is expected to be developed with residential uses in the future. The site is designated as General Commercial on the Metropolitan Bakersfield General Plan. At the hearing, Teri Bijorn from the Kronick Moskovitz law firm spoke for the applicant. She said the applicant did not oppose the C-1 zone recommendation. Janice Grubb, an area resident, expressed concerns about student activities from the school grounds to the shopping center. She also noted that there are traffic problems at the Norris Middle and Norris Elementary Schools located cattycorner from the sites. The Planning Commission unanimously approved the C-1 zone. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing development; therefore, a Negative Declaration was prepared and advertised. Staff recommends hold first reading of the zone change ordinance. wlawson \ S:\ZoneChange\yr 2006\06-0380\CC items\Admin Report.doc-CC.DOC 9/27/06 ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 TO: FROM: DATE: AGENDA SECTION: Consent Calendar ITEM: IJ.. ~. \.J Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ September 27, 2006 CITY ATTORNEY ~ CITY MANAGER <f2u7 SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone on 1.8 acres located on the south side of Pacheco Road, approximately 100 feet west of Wible Road. (ZC # 06- 0368 - Olsen Design Studio, representing Catalina Barber Group) 0Nard 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on September 27,2006. On August 17, 2006, the Planning Commission held an advertised public hearing on this zone change request, and adopted Resolution No. 165-06 recommending adoption by the City Council. The zone change request consist~ of changing the zoning from PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone on 1.8 acres. The reason for the request is to obtain approval to develop a 15,748 square foot commercial retail building on the project site. The proposed PCD zone is consistent with the General Commercial designation on the Land Use Element of the General Plan. The site is currently undeveloped. No one spoke in opposition to the project at the Planning Commission hearing. Attached Exhibit "1" includes conditions from the Site Plan Review committee which reviewed the project for consistency with ordinance requirements, such as parking, landscaping, walls and lighting, and access. Two driveways are proposed on Pacheco Road (collector street). The east side of the building is proposed to have a drive-thru for a possible coffee house. There are 82 parking spaces provided, which exceeds the minimum 77 spaces required by ordinance. Most parking is along the Pacheco Road frontage. Building fronts are oriented toward Pacheco Road. The elevations provided by the applicant depict the use of marble gray brick veneer, white molding, white marble columns, and black framed September 27, 2006, 11 :27AM jeng I S:\Dsnslsdmin\2006\Oct\ 10-11-0368.dot ADMINISTRATIVE REPORT windows with white molding. The color and material palette include shades of gray, black and white. Trees are proposed along the frontage of the building to provide visual relief. 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. September 27, 2006, 11:27AM jeng / S:\ZoneChange\yr 2006\06-0368\CClAdm rpt 2 read. doe. dot September 27,2006, 11:27AM jeng / S:\Dana\admin\2006\Oct\10-11-0368.dot ADMINISTRATIVE REPORT MEETING · DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: \ l. h. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director September 21, 2006 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY -if!-. CITY MANAGER~ SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-32) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from C-2 (Regional Commercial) to C-O (Professional and Administration Office) on 0.58 acre located on south side of Brimhall Road, 1/4 mile west of Coffee Road (ZC 06-0737 - Porter-Robertson Engineering and Surveying, representing JP/CP Development, Inc.) (Ward 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on September 27, 2006. On August 17, 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 a C-2 (Regional Commercial) zone to a C-O (Professional and Administration Office) zone on 0.58 acre. The reason for the request is to facilitate development of a commercial office development project currently under construction to the adjacent west. The additional 25,337 square feet of C-O zoning is needed in order to construct a driveway on the east perimeter of the commercial office development (Crown Pointe Business Center). At the Planning Commission hearing, Reverend Rose Schmall spoke about traffic concerns in the area. Concerns noted were increased traffic and traffic flow which may affect the residential neighborhood located to the west of the project site. Staff stated the zone change from general commercial retail uses to commercial office uses would result in a reduction of 25 trips per day for the area. Staff further pointed out that the traffic study prepared two years ago for the project site determined that a traffic signal is warranted at River Ranch and Brimhall Road. The project has received conditional Site Plan Review approval for an office complex which depicts the noted easterly driveway entry and drive aisle for this development. Site Plan Review conditions address parking, landscaping, and perimeter walls. The proposed zone change is consistent with the site's General Plan Land Use designation of General Commercial. The proposed zone change would promote orderly development by providing commercial office establishments and services that conveniently serve the needs of residents in the immediate neighborhood and community. 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. Staff recommends approval of the zone change. Prepared by madams \ September 21, 2006 \ S:\Zonechange\Yr 2006\06-0737\CC\ADMINFORM 2nd Read.Doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.:2. I'. TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk October 5, 2006 APPROVED DEPARTMENT HE~~( .4f CITY ATTORNEY~ CITY MANAGER 6157 SUBJECT: Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Presentations for January through December 2007. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This Resolution will set the regular City Council Meetings, Budget Hearings and Department Budget Presentations for 2007. All meetings will be held in the Council Chambers. Workshops and Closed Sessions will begin at 5:15 p.m. and the Regular Meeting at 6:30 p.m. Due to unforeseen conflicts, the Joint meetings of the Council and the Board of Supervisors have been changed to Monday, March 5, 2007 and Monday, September 17, 2007. Holidays, Spring Break, and League of California Cities Conferences were taken into consideration and are shown on the attached calendar. The Budget Hearing is scheduled for June 6, 2007 at 6:30 p.m. and adoption of the Budget set for June 20, 2007. Department Budget Presentations are scheduled for Monday, May 14th and June 4th at 12:00 Noon, and May 23rd during the Workshop portion of the agenda beginning at 5: 15 p.m. One meeting is scheduled for the months of July and December. :pmc October 5, 2006, 11 :09AM S:\Council\admins\2006\MtgDates2007.dot ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ. i . U APPROVED DEPARTMENT HEAD "l'll CITY ATTORNEY J;::!.. CITY MANAGER ozv; SUBJECT: Resolution adding territory, Area 3-57 (Berkshire, Wible 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 7) TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 28, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On September 27,2006 the Council adopted Resolution of Intention No. 1488 to add territory, Area 3-57 (Berkshire, Wible 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. 6919. Area 3-57 is generally bounded by a line approximately 660 feet south of Berkshire Road on the north, a line approximately 300 feet east of Wible Road on the east, a line approximately 1,080 feet south of Berkshire Road on the south and Wible 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-57 _Est.dot ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: Il.. I( . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 28, 2006 APPROVED DEPARTMENT HEAD (/(L CITY ATTORNEY ~ CITY MANAGER~ SUBJECT: Resolution adding territory, Area 4-63 (Texas, Easter 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 September 27,2006 the Council adopted Resolution of Intention No. 1487 to add territory, Area 4-63 (Texas, Easter 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 No. 11548. Area 4-63 is generally bounded by Texas Street on the north, a line approximately 660 feet east of Mt. Vernon Avenue on the east, a line approximately 330 feet south of Texas Street on the south and a line approximately 130 feet west of Easter 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-63_Est.dot ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 TO: FROM: DATE: Honorable Mayor and City Council ~ APPROVED Janet McCrea, Acting Human Resources Manager DEPARTMENT HEAD September 25, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Changes to Salary Schedule 1. Amendment No. 3 to Resolution No.078-06 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 Parks Superintendent RECOMMENDATION: Staff recommends approval. BACKGROUND: The Parks Superintendent position has not been utilized for almost ten years. Therefore, prior to filling the position recently approved in the July 1, 2006 budget, the salary has been reviewed for internal consistency. In an effort to maintain parity, the City Manager is recommending that the salary be decreased by 5% to a level equivalent to the other Superintendents throughout the City. It is appropriate given the similar level of responsibility and qualifications. S:\ADMINRPT\Parks Supt.doc 9/2512006 6:43 PM ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: 1;;1.. Yh, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council / Janet McCrea, Acting Human Resources Man~~ DEPARTMENT HEAD September 20, 2006 CITY ATTORNEY 7ff-V&- CITY MANAGER Changes to Salary Schedule APPROVED 1. Amendment No.6 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 Construction Inspector II RECOMMENDATION: Staff recommends approv.al. BACKGROUND: . The Public Works Director has requested a 5% salary increase for the Construction Inspector II classification. A Construction Inspector II is typically charged with the inspection and administration of multi-million dollar Capital Improvement Projects (CIP). The CIP projects have increased in both number and complexity over the years and include oversight of such projects as the Ice Sports Center, McMurtrey Aquatics Center, Fire Station 15/Westside Police Substation, and the Park at River Walk. Project management responsibilities for a Construction Inspector II include performing a cost analysis of proposed construction work to guarantee lowest cost options, negotiating with contractors, preparing contract change orders, making project design changes as needed, and daily tracking of construction costs for unforeseen extra work. Salary has become a retention issue in that a number of Construction Inspectors have left the division in order to take other positions in the private sector or other City departments. Retaining skilled and trained Construction Inspectors is key to fair and consistent application of City standards and policies to the contracting and development community as well as the delivery of quality projects at the lowest possible cost. Budget savings have been identified sufficient to cover the increased cost. CCAPE concurs with the proposed increase. S:\ADMINRPT\Construction Inspector lI.doc 912012006 6:52 PM RESOLUTION NO. AMENDMENT NO.6 TO RESOLUTION NO. 049-06 APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR UNITS AND ADOPTING SALARY SCHEDULE AND RELATED BENEFITS FOR CONSTRUCTION INSPECTOR II WHEREAS, Resolution No. 049-06 sets salaries and related benefits for employees of the Blue and White Collar Units. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, the Salary Schedule, a part of the Resolution No. 049-06 is hereby amended as follows: 1. Resolution No. 049-06 is hereby amended by revising the salary of the following class title in the White Collar Unit: 25260 A CONSTRUCTION INSPECTOR II 23.522 24.694 25.933 27.231 28.594 ----------000---------- ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: 12 n TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director September 20, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /( ;&MI 0lA57 SUBJECT: Reimbursement Agreement with Castle & Cooke California, Inc., ($65,000.00) for construction of Tevis Planned Drainage Area facilities not associated with Tract 5940 development requirements (Ward 5). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Castle & Cooke is currently developing Tentative Tract 5940, located within the Tevis Planned Drainage Area (PDA), established by adoption of Ordinance 4144, on September 10, 2003. Castle & Cooke has constructed drainage improvements exceeding the requirements for Tract 5940 in accordance with the Tevis PDA. This agreement would provide for reimbursement for all costs associated with construction of the drainage facilities which exceeded the requirements for Tract 5940. Staff recommends approval of this reimbursement agreement. Sufficient funds are budgeted to cover this reimbursement agreement. Is September 20,2006, 3:31PM G:\GROUPDAT\ADMINRPT\2006\1 0-11\C&C Tevis PDA.doc ADMI'NISTRA TIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: 1:1. o. APPROVED DEPARTMENT HEAD/Yl _ CITY ATTORNEY ;;?;M , CITY MANAGER~ SUBJECT: Reimbursement Agreement with Castle & Cooke California, Inc., ($110,000.00) for construction of an additional sewer main across Stockdale Highway (Ward 4). TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director September 20, 2006 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Castle & Cooke is currently developing Tentative Tract 6448, located south of Stockdale Highway and west of Renfro Road. As part of their development requirements, sanitary sewer improvements, along with a regional sewer lift station, must be constructed. The sewer service master plan for this location identifies an additional sewer main to serve an area north of Stockdale Highway along Renfro Road. Construction of the additional sewer main was incorporated into construction of the regional lift station by Castle & Cooke. Staff recommends approval of the reimbursement agreement; Sufficient funds are budgeted to cover this reimbursement agreement. Is September 20, 2006. 3:30PM G:\GROUPDAT\ADMINRPT\2006\1D-11\C&C Stockdale Hwy reimbursement admin.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: ,~. O. A~PROVED DEPARTMENT HEAD It , CITY ATTORNEY j/)jnJ , CITY MANAGER 01J7 SUBJECT: Road Improvements along Jewetta Avenue and Stockdale Highway (Ward 4): TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director September 26, 2006 1. Reimbursement Agreement with Castle & Cooke California, Inc. <not to exceed $620,000) for road improvements. 2. Transfer $249,200 from a Capital Improvement Project (Street Improvement - Panama Lane Widening) to this project within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of agreement and transfer. BACKGROUND: On January 31, 2001, the City and Castle & Cooke (Developer) entered into Agreement 01-028 to purchase land for water recharge purposes north of Stockdale Highway and east of Jewetta Avenue. Included within this agreemElnt was a provision for the Developer to construct future road improvements along both Jewetta Avenue and Stockdale Highway. Since the Developer took the lead on providing road improvements within this area, they also completed a portion of road improvements which was the City's responsibility. By doing this, we were able to provide a seamless finished project to the public as well as less disruption to the traveling public. There is $370,800 included in the current year capital improvement budget for this project. However, the scope of the project increased in order to include necessary work to properly facilitate construction of the future Wests ide Parkway. This additional work included extra earthwork to provide a future overpass of Jewetta Avenue over the Westside Parkway and the necessary reconstruction of existing improvements on Jewetta Avenue, north of the Parkway, whi(:h had already been constructed. The finished road improvements, which are in place today, will save the City a significant amount of money when the Westside Parkway is eventually constructed. Staff recently received the final accounting of actual costs incurred by the Developer for the road improvements along Jewetta Avenue and Stockdale Highway. With the additional work scope, budgeted funds are insufficient to cover expenses. Therefore, staff recommends the transfer of funds available in the Capital Improvement Project entitled UStreE~t Improvement - Panama Lane Widening" to cover the increased costs for this project. The Panama Lane Widening project was completed by recent development. . Staff recommends approval of both the reimbursement agreement and transfer of funds.. September 26, 2006, 8:44AM G:\GROUPDAT\ADMINRPT\2006\10-11\C&C Reimbursement Jewetta.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent ITEM: 1c:L. . TO: FROM: DATE: Honorable Mayor and City Council John W. Stinson, Assistant City Manager September 29, 2006 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY y~ CITY MANAGER 6h1? SUBJECT: 2007 HEALTH CARE CONTRACTS 1. Amendment No. 1 to Agreement No. 05-414 with Blue Cross of California for Indemnity Health and Dental Services. 2. Amendment No. 1 to Agreement No. 05-415 with Blue Cross/California Care Health Plans for Medical Services for employees and retirees. 3. Amendment No. 1 to Agreement No. 05-416 with Blue Cross of California for the Medicare Risk Plan Senior Secure. 4. Amendment No. 1 to Agreement No. 05-417 with Kaiser Permanente - Managed Care Health Plans for Medical Services for employees. 5. Amendment No. 1 to Agreement No. 05-418 with Kaiser Permanente - Managed Care Health Plans' for Medical Services for retirees (including Medicare Risk Plan). 6. Amendment No. 1 to Agreement No. 05-419 with Medical Eye Services (MES) for Vision Services. 7. Amendment NO.1 to Agreement No. 05-420 with Pacific Union Dental for pre-paid Dental Services. 8. Amendment NO.1 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for pre-paid Dental Services. 9. Amendment No. 1 to Agreement No. 05-422 with PacifiCare Behavioral Health of California for Employee Assistance Program (EAP). 10. Amendment No. 1 to Agreement No. 05-423 with PacifiCare Behavioral Health of California for Emotional Health Care Services. S:\ADMINRPT\2007 Health Insurance Admin Report.doc ADMINISTRATIVE REPORT RECOMMENDATION: The Personnel Committee recommends approval of the amendments. BACKGROUND: The City's contracts for health insurance are up for renewal for 2007. Our health care consultants, Buck Consultants, have worked diligently with the various vendors in an effort to arrive at the most favorable renewal rates for 2007. These renewal rates also reflect an increase in premium payment reserves in the active employee Blue Cross PPO plan as well as very favorable experience in the retiree Blue Cross PPO plan. The City's health insurance experience was also positively impacted by the plan changes agreed to for 2006. Buck Consultants reported to the Personnel Committee they were able to negotiate with Blue Cross to obtain rates that were approximately $525,000 lower than would otherwise apply. The following are the negotiated rates proposed by the consultant. Blue Cross increases: - Active PPO Plan 8.0% - Retiree PPO Plan 0.0% - Active HMO Plan 10.7% - Retiree HMO Plan 38.4% (A significant part of this increase is due to the five year transition to unblended rates. This is the second year of the five year transition.) It was also noted that the above rate increases now include a 2.5% increase for an insurance premium tax. Kaiser increases: - Active - Retiree - Sr. Advantage 17.2%* 17.2%* -15.7% *Kaiser has developed a new premium rate increase methodology, thus the increases. Subsequent to the review by the Personnel Committee the consultants received the quote for Blue Cross Senior Secure Plan resulting in a nominal 3.5% increase. This increase does not have a material impact on the overall cost of the medical plans. The medical plans are proposed to increase overall by approximately 10.6%.' All of the other health Dlans have reauested minimal or no increases for 2007 - Blue Cross Dental 0.0% - Dedicated Dental 1.5% - Pacific Dental 2.0% - Medical Eye Services 0.0% - PacifiCare Behavioral Health 0.0% S:\ADMINRPT\2007 HnIIIllnlurance Admin Report.doc ADMINISTRATIVE REPORT The Dental Plans are proposed to increase overall by 0.5%. At the request of the Personnel Committee, Buck Consultants also conducted a Market Analysis to determine if the City of Bakersfield's current Blue Cross offering was competitive. Quotes were requested from Blue Cross, Blue Shield, PacificCare/United Health Care, CIGNA, Aetna and HealthNet. Quotes were received from Blue Cross, Blue Shield and PacificCare/United Health Care. CIGNA, Aetna and HealthNet declined to submit quotes, advising that they would not be competitive. Overall Blue Shield and PacifiCare benefits quoted do not match the current Blue Cross benefits. Based on the results of the marketing, Buck Consultants recommended the City remain with Blue Cross due to the following: · Both the Blue Shield option and the PacifiCare option would cost significantly more than the Blue Cross plans. · Neither PacifiCare nor Blue Shield would match the current benefits offered by Blue Cross. In some situations, particularly for the PPO plans, the plan differences are significant. · Changing networks would cause significant employee disruption. Buck Consultants were also requested to provide a comparison of the City of Bakersfield's current plans with those offered by CaIPERS. The analysis again concluded that the current plans are competitive in benefits and in cost. Staff recommended to the Personnel Committee that the Health Insurance Plans be renewed as proposed by Buck Consultants and that the City pick up the increase this year as opposed to considering further benefit reductions. Rate increases are less this year than last year and the changes (inCluding benefit reductions) made to the medical plans last year have contributed to the reduction in rate increases for 2007. The 2006-07 budget included funding for anticipated premium rate increases. Additionally, as many of the new positions approved in the budget are proving difficult to fill, there are sufficient savings from funds budgeted for health insurance for these new positions, to offset the 2007 health plan increases. Therefore, no additional appropriations will be required. The Employee Insurance Committee, with representatives from the bargaining units, has also reviewed these premium revisions and recommends approval. The Personnel Committee was pleased with the review process conducted by staff and the health care consultants and recommends approval of the proposed renewal of the City's health care plans. S:\AOMINRPT\2007 HeIIllh lnaurance Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: IQ. . r . TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: September 29, 2006 SUBJECT: Amendment #3 to Agreement No. RA04-005/04-097 for Bakersfield Redevelopment Agency Authorization to Use Community Development Block Grant Funds for the Old Town Kern - Mixed Use Project. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In September, 2003, the Agency agreed to receive Federal Section 108 and Brownfields Economic Development funds for the Baker Street Mixed Use Project. In December, 2003, an administrative agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency was executed to grant the agency the authority to expend Community Development Block Grant Funds for the acquisition of property, relocation of tenants and for the demolition of structures on the acquired properties to enable the agency to complete the project. In November of 2005, the Agreement was amended to increase the authorized amount to $894,350. The proposed amendment to the agreement increases the authorized final amount to $1,166,514. This is an administrative action only and all other terms of the original agreement remain in full force and effect. These funds have been previously approved by the City Council and the U.S. Department of Housing and Urban Development for this purpose. The Bakersfield Redevelopment Agency approved the agreement on October 9, 2006. S:\Admins\Cily Council\City Council Admins 2006\CDBG OTK Mixed Use Amend 304-097.doc 9/29/2006 10:41 AM ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: \;}. S . FROM: DATE: Florn Core, Water Resources Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER (\1J7 TO: Honorable Mayor and City Council September 18, 2006 SUBJECT: Contract Change Order NO.1 to Agreement No. 06-184 with Bakersfield Well & Pump Company ($63,810.00 for a revised not to exceed award of $812,945.00) for upgrades to well discharge piping at CBK-45 located at 1500 Jenkins Road, North of Brimhall Road, and L-212 located at 5108 Trinidad Lake Way, in the vicinity of Noriega Road and Allen Road. (Ward No.4) RECOMMENDATION: Staff recommends approval of the Contract Change Order. BACKGROUND: Through our zone testing procedures used on recently drilled domestic water wells including CBK-45 and L-212, it was determined that it would be necessary to draw from deeper zones at these two locations in order to provide water of high quality. This requires higher pressure rated discharge piping and related fittings resulting in increased materials costs. This is the first Contract Change Order submitted for this project. This change order will increase the project total by $63,810.00. Original Contract Amount Amended Contract Amount and Change Order Net Increase = $749,135.00 $812,945.00 $ 63,810.00 = = SC:bz September 18,2006, 10:30AM S:\2006 ADMIN REPORTS\Oct11 CC01 BkrsfldWell&Pump.doc COpy DISTRIBUTION; ORIGINAL-CITY CLERK, WHITE-CONTRACTOR, BLUE-CONSTRUCTION. GREEN-CONTRACTOR'S INFO, YELLOW-CALTRANS, PINK ENGR. GOLD-PURCHASING CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT CONTRACT NO. 06-184 CHANGE ORDER NO. P.O. NO. 70691 PROJECT: CBK-45, L-212 Block Pumphouses SHEET OF CONTRACTOR: ADDRESS: Bakersfield Well & Pump 7212 Fruitvale Ave Bakersfield, CA 93308 N/A FEDERAL NO. (S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done. estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be m 'dle time. CHANGE REQUESTED BY: S. Choate Water Resources Engineer SUBMITTED BY: F. Core DATE: 9/12/06 WATER RESOURCES MANAGER EXTRA WORK AT AGREED LUMP SUM PRICE: 1.0 Revise Part C - Section 4.0 CBK-45 & L-212 Well Pump & Motor Specification =$17,402.00 2.0 Revise CBK-45 & L-212 Piping to 300 psig and thrust block to 250 psig = $46,408.00 add $63,810.00 ACCOUNT NO (S) 441-4521-811-8011-E7J009 ESTIMA TED COST: INCREASE DECREASE X By reason of this order the time of completion will be adjusted as follows: None $63,810.00 City Council Approval Required YES X NO Approved As to Form: City Attorney Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor: Harvey L. Hall Accepted Date 9... 13 - ~~ Contractor: Title: ~,t.~. P.Jtl~l1V.VT' Countersigned: Finance Director We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this prop equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the rk full a ment therefor the rices shown above. ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: I~ .+. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director ~ DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER ~ September 25, 2006 SUBJECT: Accept base bid and additive alternate and award contract to Granite Construction Company ($417,240) for the Additional Asphalt Paving at South Mount Vernon Recycling Center Project rNard 1). RECOMMENDATION: Staff recommends acceptance of low base bid plus additive alternate and award of contract. BACKGROUND: This project will add more paved work area for the increasing wood and greenwaste recycling which is currently done on dirt at the Mount Vernon Greenwaste Facility. The additional pavement will reduce the amount of dust to comply with Air District regulations. This project is funded by the Refuse Collection Fund. The Engineer's Estimate for this project is $410,000. There is sufficient funds budgeted to award both the Base Bid and the Additive Alternative for this contract. On September 7,2006 four acceptable bids were received as follows: Granite Construction Company Base Bid $376,600.00 585 W. Beach Street Additive Alternate $40,640.00 Watsonville, Ca 95076 (Out of town) Total $417,240.00 Griffith Company Base Bid $372,570.00 1898 South Union Ave Additive Alternate $47,850.00 Bakersfield, Ca 93307 (City) Total $420,420.00 Advanced Asphalt Engineering Base Bid $418,460.00 2904 Wear Street Additive Alternate $49,910.20 Bakersfield, Ca 93308 (City) Total $468,370.20 Central Valley Asphalt Base Bid $552,500.00 23494 Road 196 Additive Alternate $81,376.00 Lindsay, Ca 93247 (Out of town) Total $633,876.00 Pw\design engineering\nsg September 26, 2006, 1 :05PM G:\GROUPDAT\ADMINRPT\2006\10-11\Additional Asphalt Paving at South Mt. Vernon Recycling Center-P6K101_P7K103.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Consent Calendar ITEM: I;;}. u . TO: Honorable Mayor and City Council September 29,2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER FROM: DATE: William R. Rector, Chief of Police SUBJECT: Appropriate $2,935.00 Federal Grant Revenues (L.L.E.B.G.) to the Police Department Operating Budget within the General Fund toward the cost of Surveillance Equipment. RECOMMENDATION: Staff recommends approval of the appropriation of funds. BACKGROUND: On November 09, 2004 the Bakersfield Police Department received a grant award check in the amount of $62,912.00 from the Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G.). The grant award was appropriated in the FY 2004-05 Police Operating Budget. In accordance with the rules of the grant. interest is earned on the balance of funds held by the City until the monies are spent. The grant also requires that any money or interest left unspent at the end of a grant period be returned to the Bureau of Justice Assistance. In order to spend the accumulated interest on grant purchases (which is allowable under the grant), the interest amount must first be appropriated into the Police Operating Budget. There is approximately $2.935.00 in accumulated interest related to LLEBG grant #2004-LB-BX-0984. The Police Department would like to allocate this amount toward the purchase of Surveillance Equipment. DB September 29,2006, 9:07AM \\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07IADMIN RPT - LLEBG 0406 INTEREST APPROPRIATION.doc ADMINISTRATIVE REPORT MEETING DATE: October 11,2006 Public Hearings TO: FROM: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: September 27,2006 SUBJECT: Public Hearing to consider Resolution authorizing Disposition and Development Agreement with the Bakersfield Redevelopment Agency for the conveyance of real property located at 106 E. White Lane in accordance with Health and Safety Code Section 33445 for the construction of Fire Station #5 and Police Sub-Station. (W ,,"rd I) RECOMMENDATION: Staff recommends adoption of the resolution and approval of the agreement. BACKGROUND: On December 15, 2004, the Redevelopment Agency acquired property consisting of approximately 2.62 acres located at 106 E. White Lane for the future construction of Fire Station #5 and police sub-station. California Redevelopment Law under Health and Safety Code Sections 33000 allows redevelopment agencies to assist with the acquisition and development of public facilities with the consent of the legislative body. The Agency and the City have negotiated a Disposition and Development Agreement containing the terms and conditions of the financing and development of the Fire Station #5 project. Pursuant to the DDA, the Agency will convey the property to the City and provide funds toward the project. The Agency has contributed $890,000 in tax increment funds to be used for the design and construction of the project and will repay the Federal Section 108 Loan in the amount of $1.6 million. Pursuant to Health and Safety Code Section 33679, the legislative body is required to hold a public hearing authorizing -the redevelopment agency to commit funding to the project and approving the conveyance of property acquired by the Agency for the Fire Station #5 project. In addition, under Health and Safety Code Section 33445 the legislative body is required to make the following findings: 1) the payment of funds for the acquisition of property is consistent with the Implementation Plan for the Southeast Bakersfield Redevelopment Project Area; 2) that no other reasonable means of financing the project are available and; 3) the project will benefit the project area or the immediate neighborhood. A public hearing notice was advertised once a week for two successive weeks prior to the hearing. Also in accordance to section 33679, the City and Agency provided to the public a summary report on the project which includes a description of the project, funding sources necessary to finance the development of the project and an explanation of how the project will assist in the elimination of blight and will primarily benefit the Southeast Redevelopment Project Area. The City of Bakersfield's Planning Director has found the transfer of the property is consistent with the Bakersfield General Plan. S:\Admins\City Council\City Council Admins 2006\FireStation#333445Admin10.11.2006.doc 9/27/2006 3:34 PM ADMINISlRA liVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Hearings ITEM: 1'-\. b. Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ September 15, 2006 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Public Hearing to consider Resolution denying the appeal by West Coast Land Service and upholding the Planning Commission's decision approving Porter-Robertson Engineering & Surveying, Inc., representing EI Toro Viejo, LLC (property & mineral rights owner) application for Vesting Tentative Tract Map 6853 on 51.31 acres located at the northeast corner of Langley Road and Calloway Drive. ~ard 2 upon annexation) TO: FROM: DATE: RECOMMENDATION: Staff recommends adoption of a resolution. BACKGROUND: Vesting Tentative Tract Map 6853 would allow for the development of 210 lots and two lots for active petroleum wells on the 51.31-acre project site located on the northeast corner of Langley Road and Calloway Drive. The Planning Commission conducted a public hearing on this vesting tentative tract map on August 17, 2006, and approved the request with conditions. Fred Rappleye with West Coast Land Service and Gordon Dole of Dole Enterprises, Inc. testified during the public hearing. West Coast Land Service represents the mineral lessee. West Coast Land Service is concerned that the approved tentative tract map deprives the lessee of two petroleum well sites and is not designed in accordance with local ordinances regarding safety, setback, and the integration of petroleum facilities into the subdivision. An appeal of the Planning Commission approval by West Coast Land Service was received in the City Clerk's office on August 24, 2006. The appellant disagrees with the design of the tentative map approved by the Commission. Testimony was taken from the appellant, the lease holder and the James Lundy who represents the applicant. The Planning Commission discussed the appellant's request to redesign the tentative map to include four production wells. The Commissioners formed a consensus that a "private" dispute between EI Toro Viejo, LLC (subdivider) and Dole Enterprises (mineral lessee) was in progress. The Commission determined that (a) the information presented by the appellant did not warrant a continuance; (b) neither a redesign of the vesting tract map nor a revision of the conditions of approval regarding the issues contested was necessary; and (c) the city need not become involved in the owner and lease holder's "private" dispute. Vesting Tentative Tract Map 6853 was approved unanimously. ADMINISTRATIVE REPORT Page 2 APPEAL ISSUES: There are three key issues in the appeal. Items 1 and 2 are private matters while item 3 is fully addressed by Vesting Tentative Map 6853. The Issues are: (1) the map only shows two active wells with minimal setbacks, not four active wells; (2) West Coast Land Service and the lessee have no intention of abandoning any of the active wells; (3) The map does not comply with a city ordinance that requires a proper plan which shows: (a) All existing petroleum related facilities; (b) How the existing production facilities will be protected and integrated into the development; and (c) An adequate safety buffer and safety measures to prevent unauthorized access to the oilfield equipment; and the pipelines that connect production facilities are not addressed by the developer map. Vesting Tentative Tract Map 6853 meets city standards. The subdivider revised the map twice to demonstrate the design will comply with the subdivision ordinance. The current version was reviewed by city departments and outside agencies resulting in no requests for changes to the tentative map. Bakersfield Municipal Code (B.M.C.) Section 15.66 contains the "ordinance provisions" referenced in the appeal. The Building and Fire Departments apply its standards to projects affected by facilities used to recover oil, gas and other hydrocarbons. As noted below, several conditions of approval will also apply its requirements to the final map. EI Toro Viejo, LLC (subdivider), has addressed the mineral rights issues as defined by the subdivision ordinance. B.M.C. 16.20.060(A) requires individuals with ... "any title interest in the real property" to sign the final map prior to its recordation. In this instance, the subdivider owns both the property & the mineral rights; this party may prepare, sign, and record a final map that complies with the tract conditions. The map approved by the Commission is not "...grossly negligent and inadequate...," simply because it depicts the continuing operation of two petroleum wells and the abandonment of all other wells and their appurtenances. The map does not endanger individuals or property. Conditions number 18, 19, 31, 33 and 38, assure map compliance with provisions of B.M.C. 15.66 prior to final map recordation. After the tentative map is approved many departments review the subdivider's work to verify compliance with conditions and regulations. CONCLUSION: The dispute between the mineral lessee and property owner is a private matter. Vesting Tentative Tract Map 6853 as submitted by the property owner(s) is in accordance with city ordinances. Conditions of approval assure compliance with local and state development standards. It properly addresses the mineral right interest recognized in the local subdivision ordinance which is consistent with state law. Staff recommends the denial of the appeal and sustaining the approval of Vesting Tentative Tract Map 6853 as conditioned and approved by the Commission on August 17, 2006. An initial study was prepared for General Plan Amendment/Zone Change 05-1448 on this subject property and a negative declaration was adopted on April 6, 2006. In accordance with CECA Section 15162, no further environmental documentation is necessary and the Negative Declaration is adequate. S:\TRACTS\6853-weWTTTM 6853 Appeal Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Hearings ITEM: 14. ~ . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD J.-e--- October 3, 2006 CITY ATTORNEY 9! CITY MANAGER ~ SUBJECT: Public Hearing to consider appeal by James B. Wiens, Clifford and Brown, representing Mr. and Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr of the Planning Commission's decision approving request by Marino and Associates, representing Patricia Crawford, et al (property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to R-S (Residential Suburban) located on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. (Ward 3, upon annexation) 1. First reading of Ordinance denying the appeal and adopting a negative declaration and amending Title 17 of the Municipal Code and Zone Map No. 104- 32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vine land Drive. RECOMMENDATION: Staff recommends first reading of ordinance. BACKGROUND: On September 13, 2006, the City Council held and closed a pUblic hearing on the appeal to this zone change request. The Council requested staff research and prepare responses to several questions. These questions and responses are attached in the memorandum from the Development Services Director and City Attorney. A public hearing has been advertised and posted to consider this zone change before the City Council on October 11, 2006. On July 20, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council, subject to conditions of approval. An appeal was filed by James B. Wiens, representing the Stoller and Lehr families, whom are adjacent land owners with agricultural operations. The zone change requests to pre-zone the property from an A (Agriculture) to an R-S (Residential Suburban) zone on 20 acres for purposes of large lot single family residential development located on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland. jeng October 3, 2006, 1 :54PM S:\Dana\admin\2006\Oct\1 Q-11-0581-APPEAL.dot ADMINISTRATIVE REPORT The reason for the request is to bring the zoning into conformance with the existing SR (Suburban Residential) General Plan Land Use designation on the subject property. The SR designation on the subject property and adjacent land including most of the Stoller and Lehr properties was determined by the County of Kern. The 20 acre project site is currently undeveloped and the property owners have requested annexation to the City. Mr. Wiens, the appellant, states the Stoller and Lehr families own, live and farm adjacent and nearby land. The zone change to allow residential uses would inhibit, and disrupt the agricultural activities. Residentis are likely to complain about the odors, dust and chemical applications that are typical for agricultural activities. In addition, Mr. Wiens is on the opinion that the two conditions of approval placed on the project by the Planning Commission do not protect agricultural activities. These two additional conditions are shown below and were agreed to by the applicant (Marino and Associates). From Attached Exhibit "1" Conditions of Aooroval: 7. All lots adjacent to A (Agriculture) zoning shall have a minimum lot depth of 175 feet and designed so that rear yards abut the A (Agriculture) zone. 8. A covenant will be recorded disclosing the neighboring business activity of the agricultural operations to all future residents. At the September 13, 2006 hearing before the Council, the applicant requested revision to Condition No. 7 to delete the words "have a minimum lot depth of 175 feet and" because of the constraints of the subject property's size and configuration. 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 to deny the appeal and hold first reading of the zone change. Jeng S:\ZoneChange\yr 2006\06-0581 \CC\Oct 11 \adm rpt.dot October 3, 2006 DMINISlRA liVE REPORT MEETING DATE: October 11, 2006 AGENDA SECTION: Public Hearing ITEM: 1t\:.A TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED September 18,2006 CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing and first reading of an Ordinance approving a Negative Declaration and amending Zoning Ordinance, Chapter 17.66, HD, Hillside Development Combining Zone, Title Seventeen of the Bakersfield Municipal Code. ~ard 3) RECOMMENDATION: Staff recommends adoption of Negative Declaration and first reading of the Ordinance. Backaround: On September 7, 2006, the Planning Commission voted 6 to 0 in favor of recommending the Amendment to the City Council. In 2003, City Council directed Planning Staff to examine the potential long term effects of development along the bluffs in Northeast Bakersfield. In March 2005, City Council requested staff recommend ways to clarify and strengthen the Hillside Ordinance. In April 2005, the Planning and Development Committee of the City Council met to discuss the existing ordinance and to propose changes. The committee reviewed and considered changes concerning hillside stability, lot and fence setbacks and the use of landscaping. From the committee's input, Staff composed a draft amendment to the existing Hillside Ordinance. The first draft of the Amendment was available for public comment in May, 2005 and input on the draft was heard at a City of Bakersfield Planning Commission Public Hearing on June 2, 2005. In response to comments and additional information gained from the City's consultant team and review of additional ordinances from other jurisdictions, clarifications and changes were incorporated into this second draft of the Amendment that was heard at a Planning Commission Public Hearing on July 6, 2006. There were 2 ~ hours of comments given at the Public Hearing on July 6, 2006, after which the Public Hearing was closed. The Planning Commission continued deliberation until September 7, 2006 and voted to approve the ordinance and recommend same to the City Council. At the Planning Commission Public Hearing on July 6, 2006, the public had another opportunity to comment on the draft amendment to the ordinance being considered at this City Council meeting. In opposition was a group of speakers representing General Holdings and the Canyons, including two attorneys from Young and Wooldridge, two landowners that are a part of the Canyons project, October 5, 2006, 9:44AM pe S:\Danal8dmin\2006\Oct\10-11.HD.doc ADMINISTRATIVE REPORT and two consultants giving technical support to the Canyons project. Also speaking in opposition were Chad Vega and Karen Norton, Kern Citizens for Property Rights; Michael Turnipseed, Kern County Taxpayers Association; Adrian Moore, Reason Foundation; one citizen of Bakersfield, and one property owner in Visalia. In favor were: James Nickel, Nickel Family, LLC and Rio Bravo Ranch; Dave Dmohowski, Building Industry Association of Kern County; Gordon Nipp, Sierra Club; Charles White, Kern River Valley Revitalization; Marcie Cunningham, Kern Equestrians for Preservation of Trails; Michelle Beck, Bakersfield Bluffs and Open Space Committee; 3 citizens of Bakersfield and 1 citizen of the Kern River Valley. This proposed amendment to the existing ordinance ("Amendment") provides additional requirements beyond the existing ordinances' focus on grading, street grades and fire protection. In following the direction of the General Plan policies, the Amendment addresses protection from hillside instability and landslides, and includes provisions for preserving identified viewsheds within the Hillside Development zone. The changes to the existing Hillside Development Ordinance include the following: · Requires additional information on topography, geology, slopes, drainage and fire safety. . Identifies "Visual Resource Areas" along ridgelines for protection · Identifies "Primary and Secondary Viewsheds" which, in tandem with visual resource areas limit the view of structures from major roadways. · Identifies Slope Protection Areas which have unique visual characteristics and slope constraints. · Requires erosion control measures and setbacks for property line, fences and structures adjacent to open space areas. . Requires 25 foot setback from open space areas not governed by visual resource/viewshed criteria. · Protects visual resources on the perimeter of development visible from major roadways. The City's General Plan lists the following issues regarding hillside development: . The aesthetic value of open space areas and the impact of development on public viewsheds should be considered . Cut-and-fill grading techniques employed to accommodate development alter the natural topography and ridgelines To address the issues, a goal was established to "Conserve and enhance the unique aspects of open space within the planning area." To that end, four of the ten policies adopted in the General Plan's Open Space Element address hillside development: Policy 2: Development of the ridgelines within the planning area should consider natural aesthetic value and topographic constraints. Hillside development should exhibit sensitivity and be complimentary to the natural topography. Require the use of grading techniques in hillside areas that preserve the form of the natural topography and ridgelines. Development on or adjacent to bluff areas should complement the aesthetic integrity of such areas. Policy 3: Policy 4: Policy 6: October 5, 2006, 8:57AM pe S:\D8na\8dmin\2006\Oct\10-11.HD.doc ADMINISTRATIVE REPORT The Implementation Measure in the Open Space Element that corresponds to these policies is: Implementation 2: Hillside Management Ordinance for the City of Bakersfield regulates development in areas of excessive slope in Northeast Bakersfield. Kern County's existing ordinance will be augmented as necessary. The proposed ordinance changes address the issues identified in the General Plan. An extensive search of hillside development regulations from other jurisdictions produced regulations from 15 California cities and counties. An additional research tool was the "Overview of Hillside Development Terms and Concepts" prepared by LSA Associates, INC in 2002 which evaluated not only California communities with similar ordinances, but cities and counties in Colorado, Texas, Arizona and New Mexico (14 total). Most ordinances limit density throughout an area based on slope and protect ridge tops from development. The proposed ordinance protects a limited number of key ridgelines and the face of specific bluff and hill faces but is less limiting to development when compared to other ordinances. Additionally, the City of Bakersfield Public Works hired two consulting firms to give background information and practical experience working with hillside ordinances. WRA Engineering provided experience in hillside development from a civil engineering standpoint and helped to craft the slope stability portions of the amendment. TCLA, Inc. provided input on open space and hillside stability landscaping, specifically providing "theme planting" drawings, erosion control and viewshed protection through landscaping. California Environmental Quality Act (CEQA) provides a Categorical Exemption for "Actions by Regulatory Agencies for Protection of the Environment" (State of California CEQA Guidelines 15308) that exempts this Amendment from the provisions of CEQA. However, in response from comments heard in the public hearing for the first draft of the Amendment on whether an Environmental Impact Report was required for the Amendment, staff prepared an Initial Study. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the environment; therefore a Negative Declaration was prepared. Staff recommends approval of the Negative Declaration and amending Zoning Ordinance, Chapter 17.66, HD, Hillside Development Combining Zone, Title Seventeen of the Bakersfield Municipal Code. October 5, 2006, 8:57AM pe S:\Danaladmin\2006\Oct\ 1 0-11. HD. doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 27, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Council members Carson, Benham, Couch, Hanson, Sullivan (seated at 5:20 p.m.), Scrivner Absent: None. 2. WORKSHOPS None. 3. PUBLIC STATEMENTS None. 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Bakersfield Citizens for Local Control v City/Castle & Cooke. 2. Bakersfield Citizens for Local Control v City/Panama 99 Properties. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5: 18 p.m. APPROVED Motion by Councilmember Couch to adjourn from Closed Session at 6:08 p.m. APPROVED Bakersfield, California, September 27,2006 - Page 2 RECONVENED MEETING - 6:30 p.m. ACTION TAKEN 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Council members Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Josephate Jordan, Christ First Ministries. 7. PLEDGE OF ALLEGIANCE by Lisa Darquea, 4th Grade Student at Ronald Reagan Elementary School. Mayor Hall recognized students from Bakersfield College in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue) Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: NO REPORTABLE ACTION b. NO REPORTABLE ACTION 1 . Bakersfield Citizens for Local Control v City/Castle & Cooke. 2. Bakersfield Citizens for Local Control v City/Panama 99 Properties. 9. PRESENT A TIONS a. Presentation by Mayor Hall of Proclamation to Stacy Crooks, Links for Life, proclaiming October, 2006, as "Paint the Town Pink Month". Stacy Crooks accepted the Proclamation on behalf of Links for Life and made comments. Bakersfield, California, September 27,2006 - Page 3 9. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of Proclamation to Art Carlock, Chairman, Highway 99 Cruise 'n' Show, proclaiming October 13-15, 2006, as "Fifth Annual Highway 99 Cruise 'n' Show Days". Art Carlock accepted the Proclamation on behalf of the Highway 99 Cruise 'n' Show and made comments. 10. PUBLIC STATEMENTS a. Miriam Krehbiel, President of the United Way of Kern County, spoke regarding a ten year plan to end chronic homelessness. Councilmember Benham requested EDCD designate staff to be liaison to the Homeless Collaborative; provide regular reports to the Council and recommend ways the City and County can partner with the organization in order to make efforts more effective. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 13, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from September 2, 2006 to September 15, 2006 in the amount of $17,605,372.54 and self-insurance payments from September 2, 2006 to September 15, 2006 in the amount of $105,331.07. 12. Bakersfield, California, September 27,2006 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-23) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to Revised PCD on 1.8 acres located on the south side of Pacheco Road, approximately 100 feet west of Wible Road. (ZC 06-0368) (Applicant: Olsen Design Studio/Property Owner: Catalina Barber Group) FR d. FR First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-32) of the Municipal Code by changing the zoning from C-2 (Regional Commercial) to C-O (Professional and Administration Office) on 0.58 acres located on the south side of Brimhall Road, ~ mile west of Coffee Road. (ZC 06-0737) (Applicant: Porter- Robertson Engineering & Surveying/Property Owner: JP/CP Development) e. Adoption of Ordinance amending Section 17.60.060 B.9 of the Municipal Code relating to signs permitted in the Bakersfield Auto Mall. ORD 4384 Resolutions: f. Resolution adopting a service priority policy for lower income developments in accordance with California Senate Bill 1 087. Resolution in support of state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests or exhibitions of speed. RES 249-06 RES 250-06 g. h. Property Abatements: 1. 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. RES 251-06 12. Bakersfield, California, September 27,2006 - Page 5 CONSENT CALENDAR continued Item 12.h. continued ACTION TAKEN 2. RES 252-06 Resolution confirming approval by the Assistant City Manager 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. i. RES 253-06 Resolutions approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 526 consisting of 89.98 acres located south of Redbank Road, east and west of South Fairfax Road and north of East Wilson Road. j. Resolution adding territory, Area 3-56 (McKee, 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. RES 254-06 k. Resolution adding territory, Area 4-61 (College, Flintridge NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. RES 255-06 I. Resolution adding territory, Area 4-62 (Morning, Alfred Harrell 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. RES 256-06 m. Resolution of Intention No. 1487 to add territory, Area 4-63 (Texas, Easter SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROI 1487 n. Resolution of Intention No. 1488 to add territory, Area 3-57 (Berkshire, Wible SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROI 1488 12. Bakersfield, California, September 27,2006 - Page 6 CONSENT CALENDAR continued ACTION TAKEN o. Resolution of Intention No. 1486 to order the vacation of portions of Owens Street, East 19th Street and the alley located at the northwest corner of East Truxtun Avenue and Gage Street. ROI 1486 Agreements: p. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6333 Phase 1 located east of South Union Avenue on East Panama Lane. Final Map and Improvement Agreements with Centex Homes for Tract 6491 Phase 2 located north of Taft Highway (Hwy 119) east of Ashe Road. AGR 06-288 AGR 06-289 AGR 06-286 AGR 06-287 2. q. Agreement with Bakersfield City School District ($40,000) for services pursuant to the Safe Schools/Healthy Students Initiative - "Connecting Communities Program". 1. Appropriate $40,000 Federal grant revenues to the Police Department budget in the General Fund for additional overtime costs. AGR 06-290 r. Agreement with Centex Homes ($110,000) to purchase real property located west of Buena Vista Road and north of Panama Lane for a water well site. AGR 06-291 DEED 6497 s. Agreement with Riverlakes Grove, LLC for maintenance of the underground retention basin located at 3013 Calloway Drive. AGR 06-292 t. Agreement with County of Kern, Pacific Gas & Electric Company, Southern California Edison Company and Southern California Gas Company to deliver the Bakersfield and Kern County Energy Watch Program. AGR 06-293 u. Agreement with Impact Sciences, Inc. ($259,210) to prepare Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06- 1002 (Sports Village Project) generally located on the north side of Taft Highway between Gosford and Ashe Roads. AGR 06-294 Bakersfield, California, September 27,2006 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN v. State Route 178 at Morning Drive Interchange: 1. Agreement with Caltrans ($75,000) to AGR 06-295 expand the Project Study Report (PSR) to include the extension of SR178 to Canteria Road. 2. Agreement with Mountain View Bravo, LLC AGR 06-296 ($75,000) to reimburse the cost of expanding the PSR. 3. Appropriate $75,000 developer share of project cost to the Capital Improvement Program within the Transportation Development Fund. w. Agreements with Goodwin Proctor LLP, for outside legal services regarding the following: 1. Continuing disclosure matters for various AGR 06-297 Assessment Districts. 2. Assessment District 05-2 AGR 06-298 (Miramonte/Paladino Hills) generally located in the Alfred Harrell Highway/Masterson Street area (Agreement not to exceed $39,000). 3. Assessment District 06-1 (Etcheverry/Un AGR 06-299 II/University Park) generally located in the Ming Avenue/Gosford Road and Reina Road/Allen Road areas (Agreement not to exceed $39,000). x. Refuse Collection Services: 1. Agreement with Kern Refuse Disposal, Inc. AGR 06-300 regarding refuse collection services. 2. Resolution consenting to assignment of RES 257-06 rights and obligations under Agreement No. 99-329 from Kern Refuse Disposal, Inc. to Metropolitan Recycling Corporation for existing lease of a portion of City's property located adjacent to the Woodwaste Facility. y. Agreement with Bakersfield Senior Center, Inc. AGR 06-301 ($50,000) Community Development Block Grant funds for operational expenses at 530 4th Street. Bakersfield, California, September 27,2006 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN z. Off Highway Motor Vehicle Recreation Project: 1. Amendment No.2 to Agreement No. 04-323 AGR 04-323(2) ($59,235) with Michael Brandman and Associates for preparation of an Environmental Impact Report for the project. 2. Amendment NO.3 to Agreement No. 04-102 AGR 04-102(3) with State of California Department of Parks and Recreation to increase the grant amount by $200,000. 3. Appropriate $200,000 State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget within the Recreation Facilities Fund for securing approval of an Off Highway Vehicle Park. Bids: aa. Reject all bids for the Beach Park Irrigation Supply Refurbishment Project. bb. Accept base bid and additive alternate A and award contract to Nicholas Construction Inc. ($341,484) for canal culvert reconstruction at two locations along Kern Island Canal - Branch 1. AGR 06-302 cc. Sewer Reconstruction on Brundage Lane and on L Street: 1. AGR 06-303 Accept bid and award contract to Griffith Company ($7,760,911) for project. 2. Transfer $5,200,000 from a Capital Improvement Project (Sewer Rehabilitation- Gosford Road) to this project within the Sewer Enterprise Fund (Wastewater Treatment Plant 2). dd. Accept bid from Pendpac, Inc. ($417,337.23) for four (4) packer bodies with automated side arms. ee. Accept bid from Communication Enterprises, Inc ($49,495.88) for replacement mobile radios. Miscellaneous: ff. Appropriate $61,253 Transient Occupancy Tax fund balance to the Non-departmental operating budget and authorize payment to the Convention and Visitors Bureau. 12. Bakersfield, California, September 27,2006 - Page 9 CONSENT CALENDAR continued ACTION TAKEN gg. Revised job specification for Communications Technician 1/11. APPROVED Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.gg. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the turnarounds at the end of the alleys on Tract 3513 located at the northwest corner of Columbus Street and Christmas Tree Lane. RES 258-06 b. Public Hearing to consider Resolution ordering the vacation of a portion of the sewer easement located south of 16th Street between Pine and Myrtle Streets. RES 259-06 Hearings opened at 6:49 p.m. No one spoke. Hearings closed at 6:50 p.m. Motion by Councilmember Couch to approve Consent Calendar Hearing items 13.a. and 13.b. APPROVED 14. HEARINGS RES 260-06 a. Public Hearing to consider Resolution approving the sale of real property by the Bakersfield Redevelopment Agency for $1.00 to Baker Street Village, LLC. 1. Transfer $300,000 Capital Improvement Project funds to the Economic and Community Development Operating budget. EDCD Director Kunz gave a computer presentation and provided written material. Hearing opened at 7:02 p.m. Michael Kiel, Project Manager for the Triumph Companies, spoke in favor of the staff recommendation. Hearing closed at 7:03 p.m. Motion by Councilmember Benham to approve the Resolution. APPROVED Bakersfield, California, September 27, 2006 - Page 10 14. HEARINGS continued ACTION TAKEN b. Public Hearing on Resolution of Necessity to consider the acquisition by eminent domain of property owned by Conoco Phillips Company (previously Lion Oil Company) for the Westside Parkway. RES 261-06 DEED 6498 City Clerk McCarthy announced correspondence was received from Randall W. Booth, Conoco Phillips, regarding this item. City Manager Tandy and City Attorney Gennaro made staff comments. Hearing opened at 7:15 p.m. No one spoke. Hearing closed at 7:15 p.m. Motion by Vice-Mayor Maggard to approve the Resolution and authorize acquisition. APPROVED City Manager Tandy and City Attorney Gennaro made staff comments. RES 262-06 DEED 6499 DEED 6450 DEED 6451 DEED 6452 DEED 6453 DEED 6454 DEED 6455 c. Public Hearing on Resolution of Necessity to consider the acquisition by eminent domain of property owned by Big West of California, LLC (Flying J Oil Refinery) for the Westside Parkway. Hearing opened at 7:17 p.m. No one spoke. Hearing closed at 7:17 p.m. Motion by Vice-Mayor Maggard to approve the Resolution and authorize acquisition. APPROVED 15. REPORTS None. 16. DEFERRED BUSINESS None. Bakersfield, California, September 27,2006 - Page 11 17. NEW BUSINESS ACTION TAKEN None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested the Community Services Committee address the issue of Bike Path Safety. Councilmember Benham requested staff address safety issues in Central Park, provided contact information and requested staff contact her. Councilmember Benham thanked the Mayor and staff for facilitating the visit of emissaries from Bakersfield's new Sister City, Bucheon City, Republic of Korea. Councilmember Carson thanked Police staff and Recreation and Parks staff for providing assistance at the anti-gang rally at Lowell Park on Sunday, September 24. Councilmember Scrivner made comments regarding a vehicle forfeiture penalty for speed contests, penalties for graffiti vandals, utilizing the League of California Cities to combat this type of crime and a bill signed by the Governor today regarding these matters. Councilmember Hanson requested staff address a constituent's concern regarding a railroad crossing on Buena Vista and provided contact information. Councilmember Hanson requested an update regarding the status of the signal at Buena Vista and Panama. Councilmember Couch requested an update from the July meeting with the City of Shaffer regarding a report concerning water rights/sources and options for the City should no response be received. Councilmember Couch requested staff provide a report regarding the possible rotation of the City's Worker's Compensation third party administrator. Councilmember Couch requested an update regarding the feasibility of a Park Watch Program. Councilmember Couch requested an update regarding the status of a Park Patrol Program. Bakersfield, California, September 27,2006 - Page 12 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Couch requested an update regarding County procedures for handling cumulative impact analysis and desirability of the City implementing the same process. Councilmember Couch requested staff provide an update regarding the City's plan foracquisition of land for park development. Councilmember Couch provided information from last evening's LAFco meeting and requested City Manager Tandy review the material and contact him. Councilmember Sullivan made comments regarding street maintenance. Councilmember Sullivan requested staff email her the City policy regarding feeding the homeless in Central Park. Councilmember Sullivan made comments regarding the revitalization of Baker Street. Vice-Mayor Maggard congratulated EDCD Director Kunz on redevelopment success in the Baker Street area. Vice-Mayor Maggard requested City Clerk McCarthy assist in honoring Joel and Jonathan Black in attaining the rank of Eagle Scout. Vice-Mayor Maggard requested staff respond to correspondence from the Governor's office requesting input concerning a Draft Strategic Action Proposal for the California Partnership for the San Joaquin Valley and provided the correspondence. Vice-Mayor Maggard requested the entire Council be provided the policy requested by Councilmember Sullivan regarding feeding the homeless in Central Park. Vice-Mayor Maggard apologized to Mayor Hall for failing to inform him of the cancellation of a press conference. Council member Benham made comments regarding the California Partnership for the San Joaquin Valley and encouraged Councilmembers and staff to read material provided today from that organization and make comments. Bakersfield, California, September 27,2006 - Page 13 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall made comments regarding the Baker Street Village Project and suggested the media be provided the drawings and requested a copy of the presentation made earlier in the meeting. Mayor Hall made comments regarding the luncheon for Bakersfield's new Sister City, Bucheon City, Republic of Korea. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:36 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield