HomeMy WebLinkAbout12/13/06_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
DECEMBER 13, 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. INSTALLATION
a. Resolution No. 310-06 declaring the results of the General Municipal Election for election of
Council member for Wards 1, 3, 4 & 7, held in the City of Bakersfield on November 7,2006.
Staff recommends adoption of resolution.
b. Administration of Oath of Office. (Reception to follow in lobby)
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding Robert Pratt v City, at al.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
5. INVOCATION by Paster Ron Vietti, Valley Bible Fellowship.
6. PLEDGE OF ALLEGIANCE by Ashley Stapley, 7'h Grade Student at Chipman Jr. High School.
7. CLOSED SESSION ACTION
8. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement plaque and gift certificate to Michael L. Mathis.
9. PUBLIC STATEMENTS
10. APPOINTMENTS
a. One appointment to the Handicapped Access Appeals Board due to the resignation of
Sandra Bartlett.
Staff recommends Council determination.
b. Four appointments to the Keep Bakersfield Beautiful Committee due to the expiration of
terms of Isaiah Crompton (Ward 1), Thomas Edmonds (Ward 4) and Sheryl Graab (Ward 7)
whose terms expired November 2006, and a vacancy in Ward 3 due to the resignation of
Sherry Core.
Staff recommends Council determination.
c. One appointment to the Fire Civil Service Board due to the expiration of term of Michael L.
George, term expiring December 31, 2006.
Staff recommends Council determination.
d. One appointment to the Miscellaneous Civil Service Board due to the expiration of term of
Daniel L. Williams, term expiring December 31, 2006.
Staff recommends Council determination.
e. One appointment to the Police Civil Service Board due to the expiration of term of Steven C.
Anderson, term expiring December 31,2006.
Staff recommends Council determination.
11. CONSENT CALENDAR
(Ward 1)*
(Ward 3)
(Ward 3)
(Ward 3)
(Ward 4)*
. - upon annexation
Minutes:
a. Approval of minutes of the November 29, 2006 Regular City Council Meeting.
Payments:
b. Approval of department payments from November 17, 2006 to November 30, 2006 in the
amount of $6,932,085.86 and self-insurance payments from November 17, 2006 to
November 30, 2006 in the amount of $195,019.12.
Ordinances:
c. First Reading of Ordinance amending Sections 12.56.020,12.56.080,12.56.200 and
12.56.210 of the Municipal Code relating to parks.
d.
Adoption of Ordinance adding Section 8.04.030 to the Municipal Code relating to
restaurant grading. (FR 11/29/06)
Adoption of Ordinance adding Section 15.64.340 to the Municipal Code relating to the
California Fire Code (Temporary Membrane Structures, Tents and Canopies). (FR 11/29106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 124-28 from R-S-20A (Residential Suburban 20-acre
minimum lot size) to R-1 (One Family Dwelling) on 75.2 acres located south of E. Panama
Lane and east of Cottonwood Road, at the southeast corner of Cottonwood Road and the
Arvin-Edison Canal. (GPA/ZC 06-0377) (Applicant: Hendricks Engineering/Property
Owners: Knittel Bros., Patsy Stacy and Dorothy A. Lowry) (FR 11/15/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and amending Zone Map No. 104-18 from R-1 (One Family Dwelling) to R-2
(Limited Multiple Family Dwelling) on 6.19 acres located on the north and south sides of
Panorama Drive (future), approximately 1A mile west of Vineland Road. (GPA/lC 06-0349)
(Applicant: Cornerstone Enginaering/Property Owners: Jack Hood and Hazel Mary Hobba)
(FR 11/15106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and amending Zoning Map No.1 03-21 from C-2 (Regional Commercial) to
R-3 (Multiple Family Dwelling) on 1.4 acres and R-2 (Limited Multiple Family Dwelling) on 3.8
acres located on the east side of Sunny Lane, approximately 200 feet south of Columbus
Street. (GPA/lC 06-0465) (Applicant: San Joaquin Engineering/Property Owners: Kern
County Housing Authority, James Pinkerton, John Gonzalez & Beverly Yates, Jose Alfrado
Gonzalez, Jim Pinkerton Broker, Inc. and Charles Hayes) (FR 11/15/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map Nos. 104-18 and 104-19 from R-3 (Multiple Family Dwalling)
to R-1 (One Family Dwelling) on 7.35 acres, R-3 to R-2 (Limited Multiple Family Dwelling) on
16.12 acres and R-1 to R-2 on 3.16 acres located along the north sida of Highway 178, west
of future extension of Vineland Road, south of Paladino Drive and east of Morning Drive.
(GPA/ZC 05-1271) (Applicant: Mcintosh & Associates/Property Owners: S&J Alfalfa, Inc.
and Mountain View Bravo, LLC) (FR 11/15/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and amending Zoning Map Nos. 102-04 and 102-05 from A (Agricultural) to
R-1 (One Family Dwelling) on approximately 12 acres and R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on approximately 12 acres located on the east and
west of sides of Coffee Road, approximately 460 feet north of Etchart Road, and wast of the
Beardsley Canal. (GPA/ZC 05-1933) (Applicant: ADAVCO/Proparty Owner: Bidart Bros.)
(FR 11/15/06)
e.
f.
g.
h.
i.
j.
2
(Ward 4)*
11. CONSENT CALENDAR continued
k.
(Ward 6)
(Ward 6)
(Ward 1)*
(Ward 6)
(Ward 4)
(Ward 7)
(Ward 1)
. - upon annexation
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map No.1 02-30 from R-S-2.5A (Residential Suburban 2.5 Acre
Minimum Lot Size) to C-O/PCD (Profassional and Administrative Office Zone/Planned
Commercial Development) on 2.5 acres located on the north side of Brimhall Road,
approximately 1/8 mile west of Calloway Drive. (GPA/lC 06-0435) (Applicant: Porter-
Robertson Engineering & Surveying/Proparty Owner: David Wilson) (FR 11/15/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 123-27 from A-20A (Agricultural 20 acre Minimum Lot
Size) to M-1 (Light Manufacturing) on 25.71 acres and R-1 (One Family Dwelling) on 15.49
acres located at the northeast corner of McCutchen Road and Ashe Road. (GPA/lC 06-
0456) (Applicant: Maurice Etchechury/Property Owner: Old River Land Company)
(FR 11/15106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 123-28 from A (Agriculture) to M-1 (Light Manufacturing)
on 41 acres and R-2 (Limited Multiple Family Dwelling) on 39 acres located on the north side
of McCutchen Road approximately 1A mile west of Ashe Road. (GPA/lC 06-0463)
(Applicant: SmithTech/USA, Inc.lProperty Owner: Pascoe Family Investments, LLC)
(FR 11/15106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 124-28 from R-S-20A (Residential Suburban-20 acre
Minimum) to R-1 (One Family Dwelling) on 100 acres located on the south side of E.
Panama Lane, 1A east of Cottonwood Road. (GPA/lC 05-1428) (Applicant: Pinnacle
Engineering/Property Owners: Sikander Singh & Daljeet Kaur Jassar) (FR 11/15106)
Adoption of Ordinance approving the Negative Declaration and amending Section 17.06.020
and Zone Map No. 123-14 of the Municipal Code by changing the zoning from M-1 (Limited
Manufacturing) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on
10.26 acres and M-2 (General Manufacturing) to R-2/PUD on 13.62 acres generally located
on the north side of Pacheco Road and west of Akers Road (future). (ZC 06-0443)
(Applicant: Marino & Assoc/Property Owner: West Coast Investments, Inc) (FR 11/29106)
Resolutions:
I.
m.
n.
o.
Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 542 consisting of .55 acres located on the
north side of Old Town Road, between Old Farm Road and Allen Road.
q. Resolution approving the submittal of an application to the California Integrated Wasta
Management Board for a Waste Tire Enforcement Grant for 2006-2007.
p.
r.
Sale of Real Property:
1. Resolution declaring real property located at 2300 Castro Lane surplus to needs of
the City.
2. Agreement with Frank M. Torres and Lorraine Torres ($16,000) to sell property
located at 2300 Castro Lane.
Sale of Real Property:
1. Resolution declaring real property located at 701 Union Avanue surplus to needs of
the City.
2. Agreement with Bakersfield Redevelopment Agency ($8,000) to purchase proparty
located at 701 Union Avenue.
s.
3
(Ward 3)
(Ward 5)
(Ward 5)
(Ward 3)
(Ward 3)
(Ward 5)
(Ward 1)
(Ward 3)
(Ward 7)
(Ward 4)
(Ward 3)
(Ward 6)
11. CONSENT CALENDAR continued
Assessment District No. 05-2 (Montaire, Paladino Hills):
1. Resolution approving acquisition and disclosure agreements and authorizing changes
thereto and execution thereof.
2. Acquisition and Disclosure Agreement with Vista Montaire, LLC.
3. Acquisition and Disclosure Agreement with Paladino Homes, LLC.
Resolution adding territory, Area 2-33 (White, Buena Vista SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-59 (S Allen, Pensinger SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assassmants by the Kern County Tax Collector.
Resolution adding territory, Area 4-65 (Morning, Paladino 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 4-66 (Panorama, Vineland SW) to the Consolidated
Maintenance District and confirming the assessmants, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1496 to add territory, Area 3-60 (Progress, McKee N) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1497 to add territory, Area 5-20 (Berkshire, Madison N) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
t.
u.
v.
w.
x.
y.
z.
aa.
Final Tract Maps and Improvement Agreements with MVB Ventures, LLC, for Tract 6452
Phases 1 & 2 located at the southeast intersection of City Hills Drive and Canteria Drive.
Agreement with Lennar Homes of California (estimated Transportation Impact Fee Credit
$416,045.50) for Tract 6353 located near the southwest corner of Hosking Avenue and State
Route 99.
Agreement with Stuart Thomas, Inc. dba Lenox Homes (in-kind sarvice valuad at $15,000) to
provide and install five banner poles at Park at River Walk in exchange for naming rights of
Area 1, for a five year period.
Agreement with Public Agency Retirement Services (PARS) to provide trust administration
services associated with formation and administration of a Post Retirement Health Care
Trust Plan to comply with Government Accounting Standards Board (GASB) Statements #43
and #45 ragarding Other Post Employment Benefits (OPEB) as it relates to the City's Retiree
Medical Subsidy program.
Paladino Drive Right of Way:
1. Agreement with Paladino West LLC ($90,564.06) to reimburse costs associated with
relocation of Southern California Edison tower within the Paladino Drive right of way.
2. Appropriate $90,600 Transportation Development Fund balance to the Public Works
Department's Capital Improvement Budget.
Agreement with Jacobs Civil Inc. ($7,000,000) to provide construction management services
for Wastewater Treatment Plant 3 - 2007 Expansion Project.
4
bb.
cc.
dd.
ee.
ff.
11. CONSENT CALENDAR continued
(Ward 1,5,6,7) gg.
(Ward 2) hh.
ii.
jj.
Bids:
kk.
(Ward 2) II.
mm.
nn.
00.
(Ward 3)
(Ward 2,4,5)
License Agreement with Kern Oil and Refining Company for the purpose of transporting
liquid hydrocarbons in and under public roads, streets and highways within the City.
Amendment NO.4 to Agreement No. 98-258 with California State University, Bakersfield for
changing the name from California State Bakersfield Foundation to California State
University Bakersfield.
Amendment No. 3 to Agreement No. 05-152 with Pavement Recycling Systems, Inc.
($890,000 revised not to exceed $2,290,000) for cold planing for the Streets Division.
Amendment NO.2 to Agreement No. 04-381 with Clifford & Brown ($75,000 total not to
exceed $225,000) for outside legal sarvices in the matter of Robert Pratt v City, et al.
Reject all bids for five (5) mid-size sedans.
Accept bid and award contract to Clean Cut Landscaping ($692,515) to construct
streetscape improvements (Baker Straet, Phase II) from Truxtun Avenue to Jackson Street.
Accept bid and award annual contract to Bradco Industrial Corp, dba Bradco Environmental
(not to exceed $176,000) for wood grinding and screening.
Accept bids from Microgear, Inc. ($184,239.41), XIT, Inc. dba 365USA ($67,894.61) and
Zones, Inc. ($45,114.71) for IBM computers and Xerox printers.
Accept bid from Adamson Police Products ($47,520.33) for tactical body armor for the Police
Department.
Miscellaneous:
pp. Appropriate $20,000 Developer Share EIR Trust Revenues to the Planning Department
operating budget within the Development Services Fund for consulting services to provide
assistance in processing the Concurrent Applications and Environmental Impact Reports for
General Plan AmendmentlZone Change Nos. 06-0961 (Riverview-Section 21) and 06-0962
(Watermark-Section 29).
Staff recommends adoption of Consent Calendar items a through pp.
CONSENT CALENDAR HEARINGS
HEARINGS
a. Public Hearing to consider Resolution approving and adopting an adjusted fee pursuant to
Chapter 15.78 of the Municipal Code related to the Metropolitan Bakersfield Habitat
Conservation Plan Mitigation Program.
Staff recommends adoption of resolution.
12.
13.
b.
Public Hearing to consider the Final Environmental Impact Report (FEIR) and Specific Plan
Line Amendment No. 03-1163 for the Westside Parkway Project.
1. Resolution making findings approving and certifying the FEIR for the Westside
Parkway project and Specific Plan Line Amendment No. 03-1163.
2. Resolution approving the Westside Parkway project and Specific Plan Line
Amendment No. 03-1163.
Staff recommends adoption of resolutions.
5
14. REPORTS
(15 min)
a.
Update on Capital Improvement Program Budget. (Raul Rojas, Public Works Director)
b. Update on the status of the proposal to located the Federal Courthouse downtown. (Alan
Tandy, City Manager)
15. DEFERRED BUSINESS
16. NEW BUSINESS
a. Election of Vice-Mayor.
Staff recommends Council determination.
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
Respectfully submitte ,
I!anl
City Manager
12/6106 11 :40am
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AGENDA HIGHLIGHTS
DECEMBER 13, 2006 COUNCIL MEETING
REGULAR MEETING - 5:15D.m.
INSTAllATION
Following Roll Call, the Council will ba askad to adopt a resolution declaring the results of the General
Municipal Election for the alection of Councilmember for Wards 1, 3, 4, and 7 hald November 7, 2006.
The administration of Oath of Office will be performed by Pamela McCarthy, City Clark. This caramony is open
to all City staff as well as the public. Refreshments will be available after the ceremony, giving Council time to
visit with friends and relatives.
CLOSED SESSION
There will ba a conference with counsel regarding one case of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
Thera will be one appointment to the Handicapped Access Appeals Board, four appointments to the Keep
Bakersfield Baautiful Committee, and one appointment each to tha Fire Civil Service Board, Miscellaneous
Civil Service Board, and Police Civil Service Board.
CONSENT CALENDAR
Ordinances
Item 11c. First Raadino of an Ordinance amendino tha Municioal Coda Sections relatino to Parks. The
proposed amendmants simply provide cleanup and clarification languaga to the appropriate sactions.
Aareements
Item 11bb. TransDortation Imoact Fee Aoreement with Lannar Homes of California for Tract 6367 Located
near the Southwest Corner of Hoskino Road and SR 99 (Estimated Fee Cradit - $416.045.50). Lennar Homes
of California is relocating an existing block wall that is in the future footprint of tha Hosking Road and SR 99
intarchange. Transportation Impact Fee credit is available, and is estimated at $416,045.50. Lennar Homes
has requestad that the Credit ba applied to lots in Tracts 6333, 6367, 6685, 6290. The block walls along this
portion of SR 99 are tha source of many referrals regarding aesthetics and graffiti. Staff will ensura that this
new wall will be constructad to a higher standard, with tha intention of conforming to the Highway 99 Master
Beautification Plan. This item will also be agendized on a future Planning and Development committee
meeting to discuss what standard should be applied to developments along SR 99.
Item 11cc. Five-Year Aoreement with Stuart Thomas. Inc. DBA Lenox Homes to Provide and Install Five
Banner Poles at The Park at River Walk in Exchanoa for the Namino Riohts of Area 1. In response to an
appeal by the Recraation and Parks Diractor, Lanox Homes proposed a naming rights daal for Area 1. Terms
of tha agreement include the provision and installation of five banner poles at various locations within the park.
Stuart Thomas, Inc. DBA Lanox Homes is to be compensatad for their willingnass to provide and install the
poles in an in-kind manner with the naming rights of tha pavilion at Area 1 for a period of fiva years. This
pavilion will hareafter be known as tha Lenox Homes Pavilion. The remaining four polas will ba available for
other firms to usa should thay choose to enter into a naming rights agreement.
Agenda HI~ .
December 13,2U06 ~
Page 2
Item 11dd. Aoreement with Public Aoencv Retirement Services (PARS) to Provide Trust Administration
Servicas Associated with Formation and Administration of a Post Retirement Health Care Trust Plan to Comolv
with Government Accountino Standards Board. (GASB) Statemants #43 and #45 reoardino Other Post
Emolovment Benefits (OPEB) as it Relates to the City's Retiree Medical Subsidy Prooram. GASB Statements
issued in 2004 require that any cash set aside to fund future obligations (and thus raduce any unfunded
liability) be placed in an irrevocabla trust fund to guarantee that the monies can only be used for the purpose
intended, which is to make future payments relatad to the Retiree Madical Subsidy program. In January 2006,
staff receivad an Initial actuarial valuation report regarding this subsidy program, which indicatad that the City's
unfunded liability was. approximately $96 million and the Annual Required Contribution to be placed in an
irrevocable trust fund for the first year was approximately $6,808,000. At that time, the City did not have an
irrevocable trust arrangement set up for this purpose. A process was soon established and proposals were
solicited. Four accaptable proposals were received. After a complete review of services and rate structures,
staff is recommending that PARS be hired to provide plan administration services. Upon approval of the
agreement, PARS will ganarate additional documents to be adopted at a subsequent City Council meeting,
which will include a plan documant, trust agreament and investment policy relative to the investments held
within the Irrevocable trust account.
Item 11ft. Construction Manaoement Services Aoreament with Jacobs Civil Incorooratad ($7.000.000) for
Wastewater Treatment Plant 3 - 2007 Exoansion Proiect. Due to the complaxity, size, and duration of this
project (approximately 30 months), a team of full time construction managament personnel will be required to
manage the general contractor and subcontractors throughout all fa cats of the construction process. On
August 18, 2006, the City receivad Statements of Qualifications from three firms in response to the City's RFQ
for construction management services. were held, and the firms wera then ranked according to their
qualifications, interview presantations, and technical proposals. The Selaction Committee unanimously scored
Jacobs Civil as the most qualified firm because they provided for the most comprehensive
constructability/bidability review and a wall axperienced staff for overall construction management. Sufficient
funds are budgeted to covar this Agreemant.
Item 11//. Amendment NO.3 to Aoreament No. 05-152 with Pavement Recvclino Svstams. Inc. for Cold
Planino for the Streats Division ($890.000. for a revised not to exceed amount of $2.290.000), The Agreement
expires on April 12, 2007 and will be ra-bid at that tima; however, additional funds are needed to continue
service through the end of the contract pariod. Sufficient funds are budgeted to cover this amendment.
Bids
Item 11/1. Award Contract to Clean Cut Landscaolno to Construct Streatscaoe Imorovaments. Baker Street
Phase II. Truxtun Avenue to Jackson Straet in tha amount of $692.515. This project will construct streetscape
improvements of new decorative lights and trees In trea wells and decorative pots from 18th Street to Jackson
Street to match the existing streetscape project north of Jackson Straet which was installed three years ago.
Two acceptable bids were received. Staff recommends award to Clean Cut Landscaping. Funding for this
project is from HUD, Community DeVelopment Block Grant (CDBG) Entitlements, in addition to a Federal
Economic Development Initiative Grant.
HEARINGS
Item 13.. Public Hearino to Consider a Rasolution Aoorovlno and Adootino an Adjusted Fee Pursuant to the
Municioal Code ralated to the Matropolitan Bakersfield Habitat Conservation Plan Mitiaation Prooram. On
August 10, 2006, tha Metropolitan Bakersfiald Habitat Conservation Plan Implementation Trust Group adopted
a recommendation to the City Council and Kern County Board of Supervisors to increase the Habitat Mitigation
Fee from $1,240 per gross acre to $2,145 per gross acre. The proposed increase to the Habitat Mitigation Fee
is necessary to maintain the financial viability of tha Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP) through the end of the program in year 2014. The tramandous increase in the rate of development
and increasing property values in recent years has necessitatad an increasa in the mitigation fea. This is the
Agenda Highlights
December 13, 2006
Page 3
only increase in the fee proposed since the initial fee of $1,240 per gross acre was establishad in 1994. The
adjusted fee is effactive sixty (60) days from the adoption of this resolution on February 12, 2007.
On December 12, 2006, the Board of Supervisors will consider tha same adjustad fee for the unincorporated
areas of the metropolitan Bakersfield project area, at which time County staff will recommand approval of the
increase. Ted James, Kern County Planning Director, mada a presantation of the proposed fee to the BIA.
Other interested groups have also been notified of the proposed incraasa. No opposition has been received.
Item 13b. Public Hearina to Consider the Final Environmentallmcact Recort (FEIR) and Scecific Plan Line
Amendment No. 03-1163 for the Westside Parkwav Proiect. The Westside Parkway facility would be designed
to accommodate an ultimate eight-lane freeway with potential multi modal transportation elemants. A Tier 1
Route Adoption Project EIS/EIR was approved in 2002, which allowed Cal Trans to preserve and acquire
necessary right-of-way. The project was aventually transferred to tha City to davelop as a local freeway
project. The City has acquired nearly all of the necessary right-of-way since that time basad upon the
approvals in the Tier 1 Route Adoption Project EIS/EIR.
The current (Tier 2) EIR focuses on the actual implemantation of the proposed project and evaluates potential
impacts of specific design altarnatives baing considared. This information is then used to identify specific
environmental effects, and identifies changas that may have occurrad since the preparation of the Tier 1
document.
The Planning Commission recommended approval of tha Final EIR on November 2, 2006.
REPORTS
Item 14a. Ucdate on Cacitallmcrovement Proaram BudQet. Tha Public Works Director will present a mid-
year report on the Capital Improvement Program.
Item 14b. Ucdate on Federal Courthouse. City Managar Alan Tandy will give a brief update on the status of
the proposal to locate a Federal Courthousa Downtown. Potantially, a meeting to be held with the Unitad
States Genaral Services Administration on Decambar 8, 2006 will yield naw information.
NEW BUSINESS
Item 16a. Election of Vice Mavor. Following an election, the Council elects one of its members at the first
maeting a new Council takes office to be Vica Mayor. At the January 17, 2007 Council meeting, the newly
electad Vice Mayor will make recommendations or appointments to all committaes and spacial Boards.
Approved: Ii 7
Alan Tandy, City Manager-/.f--f-
co: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's OffIce
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Installation
ITEM: ~ . 4..
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cle~ DEPARTMENT HE~ &~ AT
DATE: December 1,2006 CITY ATTORNEY 91-:
CITY MANAGER~
SUBJECT: Resolution No. 310-06 declaring the results of the General Municipal Election for the
election of Council member for Wards 1, 3, 4 and 7 held in the City of Bakersfield on
November 7, 2006.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This resolution is required to accept the City Clerk's Certification of the Canvass of Results of the General
Municipal Election held November 7, 2006 as certified by the Kern County Clerk, declaring the following
persons elected to the Office of Councilmember for a full four-year term, commencing December 13, 2006
and expiring in December 2010.
/-----
Ward 1:
Ward 3:
Ward 4:
Ward 7:
Irma Carson
Ken Weir
David Couch
Zack Scrivner
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December 1, 2006, 9:49AM
S:\Election\ADMIN RPTS\2006\Admin Declaring Results.dot
ADMINISTRATIVE REPORT
MEETING DATE: Decamber 13, 2006
AGENDA SECTION: Closed Session
ITEM: ~.l1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
Dacember 1, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
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I
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closad session pursuant to subdivision (a) of Government Code section 54956.9.
. Robert Pratt v. City of Bakersfield, et a/.
KCSC Case No. S-1500-CV-253264, RJA
VG:do
S:\COUNCIL\CI Sess\Admins\06-07\ 12-13-06ExlsUit.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Presentations
ITEM: ~. ~ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manager
December 1, 2006
APPROVED
DEPARTMENT HEAD
CITY AnORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Michael L Mathis.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Michael Mathis, Fire Engineer with over 30 % years of service to the City of Bakersfield.
P:\OOCS\Mathil Admin Report Retiree Presentatlons.doc 11/2212006
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Appointments
ITEM: rO.{.l...
TO:
FROM:
DATE:
APPROVED
DEPARTMENT H~:\
CITY ATTORNEY
CITY MANAGER It Tj ~
One appointment to the Handicapped Access Appeals Board due to the resignation of
Sandra Bartlett.
Honorable Mayor and City Council
Pamela A. McCarthy, City Clet)1,
November 27, 2006
SUBJECT:
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently, thare is one vacancy on the Handicapped Access Appeals Board due to the resignation of
Sandra Bartlett. The news release for this recruitment was posted on October 11, 2006. Members are
nominated and appointed by the full Council. There are no terms specified.
An application to fill the public member vacancy has been received from David John Mensch.
The Board of Appeals for Handicapped Access reviews written appeals brought by any person regarding
action taken by the Building Department of the City in enforcement of the requirements of Part 5.5 of
Division 13 (Sections 19955 through 19959) of the California Health and Safety Code. The Board
conducts hearings on written appeals made under subsection A above, and may approve or disapprove
interpretations of the specified Health and Safety Code section and enforcement actions taken by the
building department of the city.
Members of the Handicapped Access Appeals Board must be residents of the City throughout their terms.
The board is comprised of two members who 'are physically handicapped persons, two shall be persons
experienced in construction, and one member serves as a public member. The planning director and
building director serve in an advisory capacity to the board on all matters which may come before it.
There are no specified meating dates, the board meets on an as-needed basis.
November 27,2006, 4:48PM
S:\Bds&Comm\HAAB\ADMIN Nov, 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Appointments
ITEM: 10. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City cleii- DEPARTMENT HEA(L-'. !r
DATE: December 1,2006 CITY ATTORNEY ~
CITY MANAGE~ ftT/ d
I
SUBJECT: Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of
terms of Isaiah Crompton (Ward 1), Thomas Edmonds (Ward 4), and Sheryl Graab (Ward
7), whose terms expired November 2006, and a vacancy in Ward 3 due to the resignation
of Sherry Core (Ward 3).
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there are four vacancies on the Keep Bakersfield Beautiful Committee due to the expiration of
terms of Isaiah Crompton (Ward 1), Thomas Edmonds (Ward 4), and Sheryl Graab (Ward 7), whose terms
expired November 2006, and a vacancy in Ward 3 due to the resignation of Sherry Core (Ward 3). The
news release for this recruitment was posted on November 13, 2006.
Applications for appointment have been received from the following:
. Isaiah Crompton
. Thomas W. Edmonds
. Sheryl Lynn Graab
. Leah Kay Carter
. Ray Paul Juhl
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight Mayor/Council-appointed members who will take on the responsibility of decision making for the
beautification program. Terms of office run concurrent with the term of his or the nominating
Councilmamber or Mayor, however it is not necessary for a Council member to nominate a resident from
his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
December 1, 2006, 8:29AM
S:\Bds&Comm\KBBC\Admin Dee 2006.dot
rg
ADMINISTRATIVE REPORT
MEETING DATE: December 13. 2006
AGENDA SECTION: Appointments
ITEM: 10. e...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cle~
December 1, 2006
APPROVED
DEPARTMENTHEA~
CITY ATIORNEY ~
CITY MANAGER If T I a...R-
,
SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of term
of Michael L. George, term expires December 31, 2006.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of Michael L.
George, whose term expires December 31. 2006. The news release for this recruitment was
posted on October 27,2006.
Applications for appointment have baen received from the following:
. Michael "Mike" L. George
. Thomas Edmonds
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by tha full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
council member regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield.
December 1, 2006, 7:41AM
S:\Bds&Comm\BRDA\FIRE\admin Dee 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Appointments
ITEM:
. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cle~
December 5, 2006
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment to the Miscellaneous Civil Service Board, due to the expiration
of term of Daniel Williams, term expiring December 31, 2006.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Miscellaneous Civil Service Board due to the expiration of term of
Daniel Williams, whose term expires December 31, 2006. The news release for this recruitment
was posted on Odober 27, 2006.
Applications have been received from the following:
. Daniel Williams
. Thomas Edmonds
. Virginia McClellan
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connedion with City govemment.
The Board formulates rules and regulations governing the seledion, promotion and discipline of
amployees affected by Civil Service. All applicants have been encouraged to contad each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
aach month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue,
Bakarsfield.
S:l8ds&Comm\MISCCS\admin 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Appointments
ITEM: 10. e.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City ClerO-.
December 1, 2006
DEPARTMENT HEA
APPROVED
AI
CITY MANAGER
SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of term
of Steven C. Anderson, term expiring December 31, 2006.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of Steven
C. Anderson, whose term expires December 31, 2006. The news release for this recruitment was
posted on October 27,2006.
Applications have been received from the following:
. Steven C. Anderson
. Thomas Edmonds
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council.' Mambers must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601
Truxtun Avenue, Bakersfield.
December 1, 2006, 8:08AM
S:\Bds&Comm\POLlCE\admin 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: II. a..
APPROVED
DEPARTMENT HEA'GL ~ qr
CITY ATTORNEY
CITY MANAGER It-Tj Lf
SUBJECT: Approval of minutes of the November 29, 2006 Council Maeting.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clefl-,
Decembar 1, 2006
RECOMMENDATION:
Staff recommands approval.
BACKGROUND:
kl
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA ,~ECTION: Consent Calendar
ITEM: II. n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nalson K. Smith, Finance Director
APPROVED
November 30,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from November 17, 2006 to November 30, 2006 in the
amount of $6,932,085.86 and self insurance payments from November 17, 2006 to
November 30, 2006 in the amount of $195,019.12.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,127,104.98.
BACKGROUND:
RAR
November 30. 2006, 3:54PM
S:\Kim G\Forms & Lables\ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: Decamber 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: II. t..
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro. City Attorney
November 28, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER PrT/ d
f
SUBJECT: An Ordinance amending Sections 12.56.020, 12.56.080, 12.56.200, and 12.56.210 of the
Bakersfiald Municipal Coda relating to parks.
RECOMMENDATION:
Staff recommends first reading of the Ordinanca.
BACKGROUND:
The proposed amendments simply provide cleanup language to several sections of the Municipal Code
relating to parks.
Silver Creak Park and The Park at River Walk were added to the list of community parks. Additionally,
minor changes were mada to the sections that provide for the issuance of alcoholic beverage sales
permits and alcoholic beverage consumption permits to maka the language clearer. No substantive
changes hava been made.
RMS:dll
November 29. 2006. 8:59AM
S:\COUNCIL\Admins\06-07 Admins\ 12.56.020ParksAmd.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: II.d.
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
November 29, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ItT/ ~
I
SUBJECT: Ordinance adding Section 8.04.030 of the Bakersfieid Municipal Code relating to
Restaurant Grading.
RECOMMENDATION:
Staff recommends adoption of this Ordinance.
BACKGROUND:
First reading of this Ordinance took placa on November 29, 2006. The Legislative and Litigation
Committee has been working to add Section 8.04.030 to the Municipal Code in order to coordinate
with Kern County EHSD in establishing a lettar grading system for food establishmants. In ordar to
allow County staff to post the letter gradas for public viewing in City restaurants, the City must
adopt an ordinance similar to the racently modified Chapter 8.58 of the Kem County Code. For the
saka of uniformity and consistency, this ordinance adopts the County Code Section 8.58 in its
entirety.
November 30. 2006. 2:58PM
S:\COUNCIL\Admins\06-07 Admins\8.04.030.RestaurantGradlng2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: II p_ '.
FROM:
DATE:
Virginia Gannaro, City Attorney
Novembar 30, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Adoption of an ordinance Adding Section 15.64.340 to the Bakersfield Municipal
Code Relating to the California Fire Code (Temporary Membrane Structures,
Tents and Canopies).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The Fire Chief has determined that the setback and separation distances required by the Califomia Fire
Code for tents locatad at residences, and used for personal activities is unreasonable and should be
waived. Other jurisdictions have varied from the California Fire Code regarding tant permitting and
remaining language in the code will provide for a safe environment. This ordinance also requires the tent
owner or vendor to be responsible for tent permits within the City.
This ordinance was given first reading on Novembar 29,2006.
12/13/06
S:\COUNCIL\Admins\06-07 Admins\15.64.340add2nd.doc
November 30. 2006. 4:07PM
S:\COUNCIL \Admlns\06-07 Admins\ 15.64.340add2nd.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: II. f.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD .x........-
November 27,2006 CITY ATTORNEY f)<!
CITY MANAGER It-r! d
I
Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 124-28) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from R-S-20A (Residential Suburban 20-acre minimum
lot size) to R-1 (One Family Dwelling) on 75.2 acres generally located south of E.
Panama Lane and east of Cottonwood Road, at the southeast corner of where
Cottonwood Road meets the Arvin-Edison Canal (ZC 06-0377 - Hendricks
Enginearing, representing Knittel Bros. Gen. Partnership, Patsy Stacy and Dorothy A.
Lowry) ry.Jard 1 Upon Annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 318
single-family units on the 75.2-acre projeCt site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 21, 2006. No one present at the hearing was in
opposition to the request and the applicant agreed to all conditions and mitigation for the project.
There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on July 31,
2006, in accordance with CECA.
S:\GPA 3rd 2006\06-0377\Staff Reports\Admin 2nd Read.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: , .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 29, 2006 CITY ATTORNEY 9i
CITY MANAGER It TI ti.R
I
SUBJECT: Adoption of an Ordinance approving the Negative Declaration and amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-18 from R-1 (One-Family
Dwelling Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on 6.19 acres, located on
the north and south sides of Panorama Drive (future), approximately one-quarter mile
west of Vineland Road. (ZC 06-0349 - Cornerstone Engineering, Inc., representing Jack
Hood & Hazel Mary Hobba.) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
The proposal would allow for the development of approximately 64 single-family and 64 multi-family
residential units on the 20.03-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 21, 2006. No individuals or agencies present at the hearing
opposed the request and the applicant agreed to all conditions and mitigation for the project.
Conditions of approval and mitigation measures which address biological resources, cultural resources,
traffic,.and public improvements are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 18, 2006,
in accordance with CECA.
MO -S:\GPA 3rd 2006\06-0349\Staff Reports\Admin Report -2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: 'I. h.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 29, 2006 CITY ATTORNEY:J?'
CITY MANAGER 11- rl ~
I
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Title 17 of
the Municipal Code and amending Zoning Map No. 103-21 from C-2 (Regional
Commercial) to R-3 (Multiple-Family Dwelling Zone) on 1.4 acres and R-2 (Limited
Multiple-Family Dwelling Zone) on 3.8 acres, located on the east side of Sunny Lane,
approximately 200 feet south of Columbus. (ZC 06-0465 - San Joaquin Engineering,
representing Kern County Housing Authority, James Pinkerton, John Gonzalez &
Beverly Yates, Jose Alfredo Gonzalez, Jim Pinkerton Broker Inc., and Charles Hayes.)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
The proposal would establish General Plan and zoning designations which reflect the existing and
approved multiple-family residential land uses.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 21, 2006. No individuals or agencies present at the hearing
opposed the request and the applicant agreed to all conditions and mitigation for the project.
Conditions of approval and mitigation measures which address cultural resources, public
improvements, and site development issues are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and postad on July 26, 2006, in
accordance with CEQA.
MO - S:\GPA 3rd 2006\06-0465\Staff Reports\Admin Report -2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I \. i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
SUBJECT:
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
CITY ATTORNEY 9<f
t/ .
CITY MANAGER It 7/ d
Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Maps No. 104-18 and 104-19) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from R-3 (Multiple Family Dwelling) to R-1
(One Family Dwelling) on 7.35 acres, R-3 to R-2 (Limited Multiple-Family Dwelling) on
16.12 acres, and R-1 to R-2 on 3.16 acres generally located along the north side of
Highway 178, west of the future extension of Vineland Road, south of Paladino Drive
and east of Morning Drive (ZC 05-1271 - Mcintosh & Associates representing S&J
Alfalfa, Inc. and Mountain View Bravo, LLC) (Ward 3).
November 27, 2006
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
The proposal would allow for the development of approximately 200 dwelling units on the 26.6-acre
project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 21, 2006. No one present at the hearing was in
opposition to the request and the applicant agreed to all conditions and mitigation for the project.
There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the anvironment. Therefore, a negative declaration was prepared and posted on July 28,
2006, in accordance with CEQA.
S:\GPA 3rd 2006\05-1271\Staff Reports\Admin 2nd Read.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: U. \.
\J
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD W'
DATE: November 29, 2006 CITY ATTORNEY ~
CITY MANAGER It T/ a.fL
,
SUBJECT: Adoption of an Ordinance approving the negative declaration and amending Title 17 of
the Municipal Code and amending Zoning Map Nos. 102-04 and 102-05 from A
(Agricultural Zone) to R-1 (One-Family Dwelling Zone) on approximately 12 acres and R-
2/P.U.D. (Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on
approximately 12 acres, located on the east and west sides of Coffee Road,
approximately 460 feat north of Etchart Road, and west of the Beardsley Canal. (ZC 05-
1933 - ADAVCO, representing Bidart Bros.) fY'Jard 4 Upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 180
single-family homes on tha approximately 24-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 21, 2006. No individuals or agencies present at the hearing
opposed the request and the applicant agreed to all conditions and mitigation for the project.
Conditions of approval and mitigation measures which address air quality, cultural resources, traffic,
public improvements, and Meadows Field Airport compatibility are recommended as part of the project
approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 3, 2006, in
accordance with CEQA.
MO . S:\GPA 3rd 2006\05-1933\Staff Reports\Admin Report - 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: J I. K.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 29, 2006 CITY ATTORNEY ~
CITY MANAGER It 1 tt.JL
SUBJECT: Adoption of an Ordinance approving a negative declaration and amending Section 17 of
the Municipal Code and amending Zoning Map No. 102-30 from R-S-2.5A (Residential
Suburban 2.5-Acre Minimum Lot Size) to C-O/P.C.D. (Professional and Administrative
Office Zone/Planned Commercial Development Zone) on 2.5 acres, located on the north
side of Brimhall Road, approximately 1/8-mile west of Calloway Drive. (ZC 06-0435 -
Porter-Robertson Engineering & Surveying, represanting David Wilson) (Ward 4 Upon
Annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
At the northwest corner of Calloway Drive and Brimhall Road, a 7.5-acre commercial office
development is currently under construction (P.C.D. No. 05-1227). Proposed ZC No. 06-0435 consists
of a 2.5-acre expansion of this development to the west. As proposed, the architectural and landscape
design of the two proposals are consistent and the circulation plans have been designed to function as
a single, integratad development upon completion.
Upon annexation into the City, proposed ZC No. 06-0435 would allow for the development of four one-
story office buildings totaling approximately 19,540 square feet and 123 parking spaces on the 2.5-acre
project site.
The Planning Commission conductad a public hearing on ZC No. 06-0435 and recommended approval
to the City Council on September 21, 2006. No individuals or agencies present at the hearing opposed
the request and the applicant agreed to all conditions and mitigation for the project. Conditions of
approval and mitigation measures which address cultural resources and public improvements are
recommended as part of tha ZC approval. Conditions of approval which address building standards,
parking, lighting, landscaping, refuse collection, Fire Department requirements, and public
improvements are recommended as part of the P.C.D. Plan Review approval.
Staff conducted an initial study and it was datermined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 16, 2006,
in accordance with CEQA.
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGEN~A SECTION: Consent Calendar
ITEM: It. l.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 29, 2006 CITY ATTORNEY g:;
CITY MANAGER II- T / d.fL
,
SUBJECT: Adoption of an Ordinance approving the Negative Declaration and amending Title 17 of
the Municipal Code and amending Zoning Map No. 123-27 from A-20A (Agricultural 20-
Acre Minimum Lot Size) to M-1 (Light Manufacturing Zone) on 25.71 acres and R-1
(One-Family Dwelling Zone) on 15.49 acres, located at the northeast comer of
McCutchen Road and Ashe Road. (ZC 06-0456 - Maurice Etchechury, representing Old
River Land Company) (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
The proposal would allow for the development of approximately 45 single-family residential units and
approximately 25 acres of light industrial uses.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 21, 2006. No individuals or agencies present at the hearing
opposed the request and the applicant agreed to all conditions and mitigation for the project.
Conditions of ap-proval and mitigation measures which address cultural resources, traffic, public
improvements, the %-mile buffer area for Wastewater Treatment Plant No.3, and the high pressure gas
pipeline traversing the project area are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 4, 2006, in
accordance with CEQA.
MO - S:\GPA 3rd 2006\06-0456\Staff Reports\Admin Report -2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I\. m .
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 28,2006 CITY ATTORNEY ~
CITY MANAGER It TI ~
I
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 123-28) of Title Saventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) on 41-acres and
R-2 (Limited Multipla Family Dwelling) on 39-acres generally located on the north side of
McCutchen Road, approximately 1/4-mile west of Ashe Road (ZC 06-0463 -
SmithTech/USA, Inc., representing Pascoe Family Investments, LLC) (Ward 6)
RECOMMENDA liON:
Staff recommends adoption of tha Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 15, 2006.
The proposal would allow for the development of 230 multiple-family residential dwelling units and 446,000
square feet of light industrial on the 80-acre project site.
The Planning Commission conductad a public hearing on this zone change and recommended approval to
the City Council on Septamber 21, 2006. No one present at the hearing was in opposition to the request
and the applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 11, 2006, in
accordanca with CECA.
J5:pjt
5:\GPA 3rd 2006\06-0463\5taff Reports\Admin Report 12-13-06.doc
ADMINISTRA liVE REPORT
MEETING DATE: December 13, 2006
AGENDTA SECTION: Consent Calendar
ITEM: '.n.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 2l1--
DATE: November 27, 2006 CITY ATTORNEY -#:.
CITY MANAGER:::.J): rJ-~
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 124-28) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from R-S-20A (Residential Suburban - 20 acres minimum) to R-1
(Ona Family Dwelling) zone on 100-acres generally located on the south side of East
Panama Lane, %-mile east of Cottonwood Road (ZC 05-1428 - Pinnacle Engineering,
representing Sikander Singh & Daljeet Kaur Jassar) CVVard 3, upon annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinanc.e was given on November 15, 2006.
Upon annexation into the City, the proposal would allow for the devalopment of approximately 400 single-
family dwelling units on the 10-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on September 21, 2006. No one present at the hearing was in opposition to the request
and the applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 15, 2006, in
accordance with CEOA.
JS:dlc
S:\GPA 3rd 2006\05-1428\Staff Reports\Admin Report 12-13-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: H.D.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 30,2006 CITY ATTORNEY 94-
CITY MANAGER If 1/ tL-R.-
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 123-14) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from M-1 (Limited Manufacturing) to R-21P.U.D. (Limited Multiple
Family Dwelling / Planned Unit Development) on 10.26-acres and M-2 (General
Manufacturing) to R-2/P.U.D. on 13.62-acres generally located on the north side of
Pacheco Road and west of Akers Road (Future). (ZC No. 06-0443 - West Coast
Investments, Inc.) (Ward 6).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 29,2006.
The proposal would allow for the development of approximately 332 multiple-family homes on the
23.88-acre projact site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
September 21, 2006, and recommended denial to the City Council. A letter from the applicant appealed
the decision of the Planning Commission. Crimson Resource Management who own and operate six oil
production wells in the vicinity of the proposed project expressed their opposition to the proposal. This
item was considered by the City Council on November 15, 2006 and continued to the November 29,2006
meeting, at which time the City Council approved the project with modifications.
Staff conducteQ an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prapared and posted on August 18, 2006, in
accordance with CECA.
JS:pjt
S:\GPA 3rd 2006\Q6..0443\Staff Reports\Admin Report 12-13-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: 'J.. O. .
,
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: November 14, 2006 CITY ATTORNEY ~
CITY MANAGER II- rj LL
SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 542 consisting of 0.55 acres, located on
the north side of Old Town Road, between Old Farm Road and Allen Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City of
Bakersfield. The proposed annexation is identified as Annexation No. 542 consisting of 0.55 acres.
The annexation is adjacent to the City limits and within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The property owner proposes to annex the land to
receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of
Kern. The basis for this determination is that this annexation is covared under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft12-13-06 542.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent
ITEM'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley G. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
CITY ATTORNEY
CITY MANAGER
7v-
9;}~
December 1, 2006
SUBJECT: A Resolution of the Council of the City of Bakersfield approving the submittal of an
application to the California Integrated Waste Management Board for a Waste Tire
Enforcement Grant for a period of one year, 2006 - 2007.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND: This Resolution authorizes the Development Services Department, Code Enforcement
Division to submit an application to the California Integrated Waste Management Board for a Waste Tire
Enforcement Grant. The grant will fund staff time directly related to development, implementation and
monitoring of the program. In addition to enforcement staff, funding for a Clerk Typist to set up and
maintain files, prepare correspondence and reports, and assist with submitting monthly reports to the
State is also included.
This is an effective way to address the City of Bakersfield's need to educate tire dealers and auto
dismantlers of their responsibilities and reduce the illegal disposal of waste tires. The program will be
comprehensive, informative and allows for enforcement action when necessary. It provides for correcting
of waste handling problems, reducing long-term disposal problems, identifying illegal waste tire haulers
and encouraging compliance.
November 29,2006. 5:15PM
S:ICODE ENFORCEMENT\GrantsITire Enforcement GrantI2006-2007Iadmin report Tire Enf.Grant 06. 07..doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: II. r.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ,.A/'~
CITY ATTORNEY ~
CITY MANAGER It Tj d
November 29, 2006
SUBJECT: Sale of Raal Property
1. Resolution declaring real property located at 2300 Castro Lane surplus to needs of
the City.
2. Agreement with Frank M. Torres and Lorraine Torres to sell property located at
2300 Castro Lane for $16,000. (Ward 7)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
The City acquired this property in 1962 for use as a sump. Subsequent development has eliminated the
need for the sump and it was filled. The property is zoned R-1 and consists of two parcels, one measures
60' x 143.35' or 8,601 square feet and the second is a 10' x 125' access road (see attached map).
Various City departments were contacted to determine whether the property could be
developed. The City Fire and Building Departments determined that the existing ten foot wide access
road was insufficient for emergency vehicles. The property can only be developed by an adjoining owner
that could provide a twenty foot wide access road for emergency vehicles. It was determined that we
should offer to sell the property to the adjoining property owners. All the adjacent property owners were
contactad and asked they were interested in purchasing the property. Those who responded were
then requasted to submit offers to purchase. The highest offer received was for $16,000 from Frank and
Lorraine Torres who own the property to the south. They have sufficient access and plan on constructing
a residence on the property.
The Planning Departmant found the sale consistent with the Metropolitan Bakersfield 2010 Genaral Plan.
ENB/s
Castro_admin.doc
Nav 29, 2006
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: II . ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 30, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sale of Real Property
1. Resolution declaring real property located at 701 Union Avenue surplus to needs of
the City.
2. Agreement with Bakarsfield Redevelopment Agency to purchase proparty locatad
701 Union Avenue for $8,000. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
The property being sold was purchased by the City of Bakersfield in June 2001. The property is located at
701 Union Avenue and consists of 19,504 square feet of C-2 zoned land. The purchase price of $8,000 is
to cover the City's original acquisition and subsequent holding costs.
On November 6, 2006, the Planning Department found the sale consistent with the Metropolitan
Bakersfield 2010 General Plan.
ENS/s
11/30/2006
R:\User _Projects\Finance\Property _Management\edwin\Admin Reports\701_union.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I'. t'.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~/l- ~/R.R--
t7 .
DATE: November 29.2006 CITY ATTORNEY ~
CITY MANAGER 1+'1 d
SUBJECT: Assessment District No. 05-2, (Montaire/Paladino Hills). (Ward 3)
1. Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto
and Execution Thereof.
2. Acquisition and Disclosure Agreement with Vista Montaire, LLC.
3. Acquisition and Disclosure Agreement with Paladino Homes, LLC.
RECOMMENDATION: Staff recommends adoption of the Resolution and Agreements.
BACKGROUND:
On December 14, 2005 the City Council approved Resolution of Intention 1424. The proposed district has
two distinct sub areas as follows:
1. Montaire: This sub area is located south and east of Mastarson Street, north of Paladino Drive, west
of Alfred Harrell Highway and is planned for new residential development. It is proposed that the
improvements for this sub area will be constructed by the developer (Vista Montaire, LLC), with
acquisition of the improvements upon completion. The improvements include roadway, sewer, storm
drain, utilities and water distribution for Tract 6638.
2. Paladino Hills: This sub area is located south of Paladino Drive, west of Alfred Harrell Highway, east of
Grand Canyon Drive and is planned for new residential development. It is proposed that the
improvements for this sub area will be constructed by the developer (Paladino Hills, LLC), with
acquisition of the improvements upon completion. The improvements include construction of road
improvements for a portion of Grand Canyon Drive and Alfred Harrell Hwy which includes a 60" storm
drain and power pole relocation for Tract 6137.
The Acquisition and Disclosure Agreement, provides the terms and conditions under which Vista Montaire,
LLC. and Paladino Hills, LLC. will provide for the construction and installation of certain prescribed
improvements and the terms and conditions under which the City will use its best efforts to issue and sell
limited obligation improvement bonds of Assessment District No. 05-2 (Montaire/Paladino Hills). The
agreement further provides a portion of the proceeds of sale of such bonds will be used to acquire the
completed improvements. The purchase price of the subject improvements is payable solely from such
proceeds of sale and from no other source whatsoever. A copy of the Acquisition and Disclosure
Agreement is attached to this resolution.
December 1, 2006, 8:37AM
G:\GROUPDAT\ADMINRPT\2006\ 12-13\AD05-2AcqDisclosure.dot
ADMINISTRATIVE REPORT
Once the Resolution is adopted, the next step is for the Assessment Engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
Jas
December 1,2006, 8:37AM
G:\G ROUPDA T\ADMINRPT\2006\ 12-13\AD05-2AcqDisclosure.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13. 2006
AGENDA SECTION: Consent Calendar
ITEM:' t .lA,.
I
I
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~rI r....,b1-
DATE: November 30,2006 CITY ATTORNEY '91....
CITY MANAGER Ii- T/ d
I
SUBJECT: Resolution adding territory, Area 2-33 (White, Buena Vista SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 29,2006 the Council adopted Resolution of Intention No. 1493 to add
territory, Area 2-33 (White, Buena Vista SW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Parcel Map No. 11593. Area 2-33 is generally
bounded by White Lane on the north, Buena Vista Road on the east, the Southern Pacific Railroad on the
south and South Allen Road on the west. This area will be under the park and streetscape zones of
benefit and will be assigned the appropriate tier levels when a park and street landscaping have been
installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
parcel map waiver.
mr
MD2-33_Est.dot
ADMINISlRA liVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1l.. v
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD tPI/ pr~
t7 rY1
CITY ATTORNEY 71~~ -
CITY MANAGER It 7/ ~
SUBJECT: Resolution adding territory, Area 3-59 (S. Allen, Pensinger SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 5)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 30, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 29,2006 the Council adopted Resolution of Intention No. 1494 to add
territory, Area 3-59 (S. Allen, Pensinger 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. 6578. Area 3-59 is generally
bounded by Pensinger Road on the north, a line approximately 1,320 feet east of Windermere Street on
the east, a line approximately 1,320 feet south of Pensinger Road on the south and South Allen 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
MD3-59_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 9tf/ c,"';Z/l-
DATE: November 30,2006 CIlY ATTORNEI' ~
CITY MANAGERJ T/ ~
I
SUBJECT: Resolution adding territory, Area 4-65 (Morning, Paladino 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 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 29,2006 the Council adopted Resolution of Intention No. 1492 to add
territory, Area 4-65 (Morning, Paladino 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. 6517. Area 4-65 is generally
bounded by Paladino Drive on the north, a line approximately 2,010 feet east of Morning Drive on the
east, a line approximately 1,320 feet south of Paladino Drive on the south and Morning Drive on the west.
This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier
levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-65_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM;
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 94:1- ,;n--~
DATE: November 30, 2006 CITY ATTORNef ~
CITY MANAGER If- r; d..L
SUBJECT: Resolution adding territory, Area 4-66 (Panorama, Vineland 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 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 29,2006 the Council adopted Resolution of Intention No. 1495 to add
territory, Area 4-66 (Panorama, Vineland SW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tentative Tract No. 6780. Area 4-66 is generally
bounded by a line approximately 2,640 feet south of Paladino Drive on the north, a line approximately
1,320 feet west of Vineland Road on the east, a line approximately 3,960 feet south of Paladino Drive on
the south and a line approximately 1,980 feet west of Vineland Road on the west. This area will be under
the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-66_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD tH? ~ ~I" #-
DATE: November 27. 2006 CITY ATTORNEI c;!:;'
CITYMANAGER ,41/ ~
SUBJECT: Resolution of Intention No. 1496 to add territory, Area 3-60 (Progress, McKee N) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6616 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-60 is generally bounded by a line approximately 1,320
feet north of McCutchen Road on the north, a line approximately 1,320 feet east of Progress Road on the
east, McKee Road on the south and a line approximately 1 ,320 feet west of Progress Road on the west.
This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier
levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
mr
November 27. 2006. 11:10AM
MD3-60Ri05.dot
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: I \, '7.. .
MEETING DATE: December 13, 2006
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Raul M. Rojas, Public Works Director DEPARTMENT HEAD M~ ~
I'
November 27, 2006 CITY ATTORNEY ~
CITY MANAGER (toT) ~
Resolution of Intention No. 1497 to add territory, Area 5-20 (Berkshire, Madison N) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (yVard 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No's. 6611 and 6397 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 5-20 is generally bounded by the Arvin-
Edison Canal on the north, a line approximately 1,060 feet west of Cottonwood Road on the east,
Berkshire Road on the south and a line approximately 1,320 feet east of S. Union Avenue on the west.
This area will be under the park and streetscape zones of benefit and will ba assigned appropriate tier
levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map.
A copy of this covenant is attached for reference.
mr
November 27,2006, 12:40PM
MD5-20Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER ,4 T/ cJC
I
Final Map and Improvement Agreements with MVB Ventures, LLC, for Tract 6452 Phases 1
& 2 located at the southeast intersection of City Hills Drive and Canteria Drive. (Ward 3)
Raul M. Rojas, Public Works Director
November 22, 2006
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
November 22, 2006, 1 0:34AM
G:\GROUPDAT\ADMINRPT\2006\12-13\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: H. ,
FROM:
DATE:
Raul Rojas, Public Works Director
November 14, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Transportation Impact Fee Agreement with Lennar Homes' of California for Tract 63"'1
(Estimated Fee Credit - $416,045.50) located near the southwest corner of Hosking Road
and SR 99. (Ward 7)
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND: Lennar Homes of California, is relocating an existing block wall that is in the future
footprint of the Hosking Road and SR 99 interchange. Transportation Impact Fee credit is available for
this project. Lennar Homes has requested that the Transportation Impact Fee Credit available from this
improvement be applied to lots in Tracts 6333, 6367, 6685, 6290. The available credit is estimated at
$416,045.50.
Staff will address the aesthetics of the new wall before construction to conform to the Highway 99 Master
Beautification Plan.
The block walls along this portion of SR 99 are the source of many referrals regarding its look and graffiti.
We will ensure that this new wall will be to a higher standard. We will also agendize an item on a future
Planning and Development committee meeting to discuss what standard should be applied to
developments along SR 99.
mps
December 5, 2006, 4:08PM
G:\GROUPDA T\ADMINRPT\2006\12-13\T6353 TIF Agreement.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I'. t.,G .
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation & Parks
APPROVED
DEPARTMENT HEAD DL-l1-
DATE: December 5, 2006 CITY ATTORNEY ~
CITY MANAGER_It- T/ ~
I
SUBJECT: Agreement with Stuart Thomas, Inc. DBA Lenox Homes to provide and install five banner
poles at The Park at River Walk. Lenox Homes is providing this in-kind service valued at
$15,000 in exchange for naming rights for Area 1 at The Park at River Walk, for a term of
five years (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
At the July 2006 State of the City message, Dianne Hoover, Director of the Recreation and Parks
Department, made an announcement regarding opportunities for naming rights of five separate Pavilion
areas located at The Park at River Walk. The message was posted on the city's website and Ms. Hoover
followed up with an article in the Chamber of Commerce newsletter requesting naming rights on the
pavilions. Staff then created a sponsorship packet to present to representatives of various companies.
Stuart Thomas, Inc. DBA Lenox Homes responded with a naming rights proposal.
Terms of the agreement include the provision and installation of five banner poles (valued at $15,000) at
five pavilion areas within The Park at River Walk. As sole compensation, Lenox Homes shall be allowed
to place its banner on the pole located at Area 1 at The Park at River Walk for a period of five years. The
banner shall read, "Lenox Homes Pavilion." The remaining poles will provide opportunities for other
companies to name four more park pavilions.
December 5. 2006. 4:46PM
S:\2006 Admins\Lenox Banners-12-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ~J
DATE: November 29, 2006 CITY ATTORNEY Y!
CITY MANAGER ftT/ a-L
I
SUBJECT: Agreement with Public Agency Retirement Services (PARS) to provide Trust
Administration Services associated with formation and administration of a Post
Retirement Health Care Trust Plan to comply with Governmental Accounting
Standards Board (GASB) Statements #43 and #45 regarding Other Post
Employment Benefits (OPEB) as it relates to the City's Retiree Medical Subsidy
program.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The Goyemmental Accounting Standards Board (GAS B) issued Statements
#43 and #45 in April 2004 and June 2004 respectively. The GASB Statements outline new
reporting requirements for all governmental agencies that provide Other Post Employment Benefits
(OPES) such as the City's Retiree Medical Subsidy Program. The GASB Statements require the
measurement and reporting of the benefits that have been earned compared to the amount of funds
that have been set aside to pay for the future cash obligations. The GASB Statements also require
that any cash set aside to fund the future obligations (and thus reduce any unfunded liability) be
placed in an irrevocable trust fund to guarantee that the monies can only be used for the purpose
intended, which is to make future payments related to the Retiree Medical Subsidy program.
In January 2006 the Human Resource division received an initial actuarial valuation report from
Buck Consultants regarding the City's Retiree Medical Subsidy program. The report indicated the
City's unfunded liability was approximately $96 million and the Annual Required Contribution to be
placed in an irrevocable trust fund for the first year was approximately $6,808,000. The 2006-07
Adopted Budget for the City included funding of this amount to begin reducing the unfunded liability
of the Retiree Medical Program.
Since the City did not currently have an irrevocable trust arrangement set up for this purpose, the
Finance Department began the process of establishing an appropriate trust arrangement soon after
the adoption of the budget. Proposals were solicited from several firms who offer such products
and services that comply with the GASS 43/45 requirements. Four proposals were received and
staff interviewed each of the firms. Upon a complete review of services and rate structures staff is
recommending that PARS be hired to provide plan administration services for the irrevocable trust
plan. Upon approval of the Administrative Agreement PARS will generate additional documents to
be adopted at a subsequent City Council meeting. These documents will include a Plan document,
a Trust agreement and an Investment Policy relative to the investments held within the irrevocable
trust account.
November 29, 2006, 2:45PM
S:\Admln\Admin Report8\pars gasb45.doc
ADMINISlRA liVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 30, 2006
APPROVED
DEPARTMENT HEAD M/~.LL--
(I~
CITY ATTORNEY
CITY MANAGER Ii Tj d-
SUBJECT: Paladino Drive Right-of-Way (Ward 3):
1. Reimbursement Agreement with Paladino West LLC ($90,564.06) for the relocation of a
Southern California Edison tower within the Paladino Drive right-of-way.
2. Appropriate $90,600 Transportation Development Fund balance to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION:
Staff recommends approval of Agreement and appropriation.
BACKGROUND: Paladino West LLC is the developer of Tract 6202 which is south of Paladino Drive
and west of Morning Drive. A condition of approval for this Tract required the relocation of the Southern
California Edison (SCE) tower located within the proposed right-of-way for Paladino Road along the
frontage of their tract. The developer has made arrangements to relocate this tower with SCE. This tower
relocation is a project listed on the Regional Transportation Impact Fee Facilities List and can be
reimbursed through traffic impact fee funds. The developer has paid SCE the estimated relocation cost of
$90,574.06. The tower is planned to be relocated this winter.
This reimbursement agreement allows the City to reimburse the developer costs incurred for the relocation
of the tower.
mps
November 30, 2006, 11 :08AM
G:\GROUPDAT\ADMINRPT\2006\12-13\Paladino SeE Tower.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: I (,ff .
DEPARTMENT HEAD
CITY ATTORNE
CITY MANAGER 11 T/ alL
I
SUBJECT: Construction Management Services Agreement with Jacobs Civil Incorporated ($7,000,000)
for Wastewater Treatment Plant 3 - 2007 Expansion Project (Ward 6).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 30, 2006
APPROVED
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Wastewater Treatment Plant 3 is running out of capacity to treat the wastewater
generated by a growing Bakersfield population. Master Plan studies have indicated based on historic
population growth trends that a cost effective and rational expansion size is 16 million gallons per day
(mgd) thus doubling the treatment capacity from 16 mgd to 32 mgd. Due to the complexity, size, and
duration of this project (approximately 30 months), a team of full time construction management personnel
will be required to manage the general contractor and subcontractors throughout all facets of the
construction process. Some of the construction manager responsibilities will include the following:
. constructability and bidability review of the plans and specifications,
. independent review of design engineer's construction cost estimate,
. support during the bidding phase by conducting contractor orientation workshops in an effort to be
proactive with the construction community, and
. daily inspection of all construction activities, on-site safety, manage the construction schedule,
manage the contractor and equipment purchases, provide materials and soils testing, surveying, all
necessary documentation and assist in plant start-up.
The Public Works Engineering and Wastewater Divisions do not have sufficient staffing to provide all
these necessary duties. Therefore, staff recommends hiring Jacobs Civillnc, to perform these services.
In August 2006, staff began the Qualification Based Selection process to select a construction
management consultant. A Request for Qualification (RFQ) was sent out to interested firms. On August
18, 2006, the City received Statements of Qualifications from three firms in response to the City's RFQ for
construction management services. The Selection Committee, consisting of senior Public Works staff,
then reviewed these responses and determined that all three firms should be invited to interview with the
Selection Committee. On September 18, 2006 the City conducted interviews with three qualified firms:
Jacobs Civil Incorporated, Carollo Engineers, P.C., and Luster National Incorporated. These firms were
then ranked according to their qualifications, interview presentations, and technical proposals. The
Selection Committee unanimously scored Jacobs Civil as the most qualified firm. Jacobs proposal
provided for the most comprehensive constructability/bidability review and a well experienced staff for
overall construction management.
Staff recommends award of this agreement to Jacobs Civil Incorporated. Sufficient funds are budgeted to
cover this Agreement.
(Ics, PW ww)
November 30,2006, 4:14PM
G:\GROUPDAT\ADMINRPTI2006\12-13\CM SERVICE FOR WWTP3 EXPANSION.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.\ .
TO:
FROM:
DATE:
APPROVED
,1L.
r;kL
CITY ATTORNEY . /,
{/ 1
CITY MANAGER II- Tj ~
License Agreement with Kern Oil and Refining Company for the purpose of transporting
liquid hydrocarbons in and under public roads, streets and highways within the City.
(Ward 1, 5, 6 & 7)
DEPARTMENT HEAD
Honorable Mayor and City Council
Raul M. Rojas,'Public Works Director
November 30,2006
SUBJECT:
RECOMMENDATION: Staff recommends approval of the Agreement.
BACKGROUND: Kern Oil currently operates and maintains pipelines necessary or convenient for the
purpose of transporting liquid hydrocarbons in and under public roads, streets and highways, some of
which are located within the boundaries of the City and some of which are located in the unincorporated
areas of the County of Kern. Kern Oil currently has an agreement to operate said pipelines in the County
of Kern for an existing 8" pipelines in Panama Lane. They will be installing a new parallel pipeline in the
near future. Due to the increasing City Annexations, Kern Oil desires to enter into a license agreement
with City for those portions of the pipeline that are or will be within the City due to the annexation process.
Jas
December 4, 2006, 4:59PM
G:\GROUPDA T\ADMINRPT\2006\12-13\licenseagrKernOil B.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: l .
TO: Honorable Mayor and City Council
FROM:
DATE:
Alan Tandy, City Manager
December 1, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 98-258 with California Stata Univ
changing the name from California State Bakersfield Foundation to
University Bakersfield
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
On November 1, 1998, Rabobank Arena and California State Bakersfiald Foundation entared into an
agreement whereby CSUB's Men's basketball home games and post season home gamas are to be
played at Rabobank Arena.
California State University Bakersfield Foundation wants to transfer all contractual obligations to California
State University Bakersfield because they are raorganizing the rules and regulations of the foundation.
Furthermore, California State Bakersfield would be bettar suitad to administer the agreemant.
akr
December 5, 2006, 1 0:36AM
SP:\Admin CSUB Name Change.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \ \. ".
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD /1/5
-
CITY A TIORNEY 1;t."L- ~~ K /11,$
6
CITY MANAGER fl7/ U-
November 30,2006
SUBJECT: Amendment NO.3 to Agreement No. 05-152 with Pavement Recycling Systems, Inc.
($890,000.00, revised not to exceed $2,290,000.00) for cold planing for the Streets
Division. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On April 13, 2005, Council awarded the annual contract for cold planing for the Streets
,Division to Pavement Recycling Systems, Inc. in the amount of $400,000.00. On October 25, 2005,
Council approved Amendment No. 1 adding $600,000 to the contract to accommodate the accelerated
level of work in the 2005 resurfacing season. On April 15, 2006, Council approved amandment No. 2
adding $400,000.00 and extending the agreement for an additional year. The Agreement expires on April
12, 2007 and will be re-bid at that time; however, additional funds must be added to the agreement to
continue service through the end of the contract period. Staff is recommending an increase of
$890,000.00, bringing the two-year contract total to $2,290,000.00. Sufficient funds are budgeted within
the Streets Division to cover this contract amendment.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendments\Amendment #3 to Agreement No. 05-152, Pavement Recycling Systems, Inc., AC Cold Planing, December 13,
2006.doc
November 30, 2006, 4:52PM
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 5, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Vt:
t/~
17
SUBJECT: Amendment NO.2 to Agraament No. 04-381 with outside counsel, Clifford & Brown for legal
services in the matters of Robert Pratt v. City of Bakersfield, et aI, Kern County Superior
Court Case No. S-1500-CV-253264, RJA in the amount of $75,000, with a total contract
amount not to exceed $225,000.
RECOMMENDATION:
Staff recommends approval of the amendment to this Agreement.
BACKGROUND:
Clifford and Brown have been defending the City in the "Pratt matters" since Septembar 10,
2004. Initially, there were two (2) lawsuits filed in Superior Court. One was dismissed without the
City paying any settlement monies (Rochelle Scudder v. City of Bakersfield, et aI, Kern County
Suparior Court Case No. S-1500-CV-253265). The second lawsuit is panding. The trial date in the
second lawsuit was vacated and a new one has not been set yet. In the meantime, Mr. Pratt has
filed yet another lawsuit against the City which we must defend. In addition to the lawsuits, there
are a myriad of other issues involving Mr. Pratt-all being handled by Clifford & Brown under
Agraement No. 04-381. These matters are being handled "outside the cap" because they do not
reprasent the standard type of tort litigation.
Tha City Attorney's office is seaking additional funds for outside representation; we are not
seeking additional appropriations of funds.
GG:dll
December 5, 2006. 11 :34AM
S:\COUNCILlAdmins\06-07 AdminslAtlyRelainerAgrAmd.Prall.dol.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: l\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ,/1/5
CITY ATTORNEY hr.--, --~'1-. ;L/}15
/' ;"
CITY MANAGER ItT/ ~
I
November 28, 2006
SUBJECT: Reject all bids for five (5) mid-size sedans. (Citywide)
RECOMMENDATION: Staff recommends rejecting bids.
BACKGROUND: Invitations to bid were sent to sixteen (16) suppliers for providing four (4) replacement
and one (1) additional mid-size sedans to be used by the Public Works Department General Services
Division and the Development Services Division.
Six (6) bids were received in response to solicitation. Only one of the bids met specifications and it was
over the amount budgeted.
Staff will review the specifications and re-advertise for bids.
Purchasing Division
DW
S:\PURCH\ADMIN\Reject Bids, Mid-Size Sedans, 06-07-29, December 13, 2006.doc
November 30. 2006
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: l\. ".
SUBJECT:
.ir:VED
DEPARTMENT HEAD ' --
CITY ATTORNEY ~
CITY MANAGER I/- T/ a.L
I
Accept bid and award contract to Clean Cut Landscaping ($692,515) to construct
Streetscape Improvements, Baker Street Phase II, Truxtun Avenue to Jackson Street
(Ward 2).
Raul M. Rojas, Public Works Director
TO:
FROM:
DATE:
Honorable Mayor and City Council
November 29,2006
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will construct streetscape improvements of new decorative lights and trees
in tree wells and decorative pots from 18th Street to Jackson Street to match the existing streetscape
project north of Jackson Street which was installed three years ago.
Funding for this project is from HUD, Community Development Block Grant (CDBG) Entitlements, in
addition to a Federal Economic Development Initiative Grant. The Engineer's Estimate was $574,000 and
additional funding in the amount of $185,000 was approved through the HUD amendment process at the
November 29, 2006 City Council meeting.
Two acceptable bids were received on October 5,2006 as follows:
Clean Cut Landscaping
8406 N. Armstrong
Clovis, CA 93611
in amount of
$692,515.00
Elite Landscaping, Inc.
2972 Larkin Avenue
Clovis, CA 93612
in amount of
$770.640.00
PW/ENGR wgm
November 29,2006, 3:51PM
G:\GROUPDA T\ADMINRPT\2006\12-13\Streetscape Improvements, Baker Street, Phase II, T4K104.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \\. mm.
November 30, 2006
APPROVED
DEPARTMENT HEAD H"'5
CITY ATTORNEY 11-:-1, -fiLt IfI1J~
~
CITY MANAGER AT/~
/
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
SUBJECT: Accept bid from Bradco Industrial Corporation, dba Bradco Environmental (not to exceed
$176,000.00) for the annual contract - wood grinding and screening. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and authorization for staff to renew the
agreement annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Invitations to bid were sent to eight (8) contractors for the Annual Contract for Wood
Grinding and Screening. Three (3) bids were received in response to the solicitation. Staff finds the low
bid from Bradco Industrial Corporation, dba Bradco Environmental to be acceptable. Bradco
Environmental is the current contract holder. The annual contract is renewable annually for four
consecutive one-year periods at the City's option and upon mutually agreeable terms.
The Invitation to Bid required contractors to submit pricing based on grinding, grinding and screening and
contractor removal from the City's site. Bids are as follows:
BIDDER
. ._ .,,~,,!Q~_~I.~.~_'t~.M~~_y~~r~t....",.
GRINDING &
SCREENING
GRINDING
CONTRACTOR
REMOVAL
Bradco Environmental
9.r~liitli!'!~L9~HfQ!.:!1i~ , ,
AgriService
.. Yilii~~!g~Jif()r!1i~
ABM Ventures
..~~~~r~~~IQ."..9~JjfQr!!i.~, ,
,......$.~.Q~
........... ......__..,J
~~J~,..
$.1?~~O
,,~~,:~9...
. ,~?J?..,.
..... .$.~:~5.... ,
"..~1.9J>,!L..,
$~~~1
..11.1J5.9. .
Purchasing Division
OW
S:\PURCH\ADMIN\AC Wood Grinding and Screening. 06-07-49, December 13, 2006,doc
Created on 11/30/2006 3:05 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: \ \. n(\'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ./V-5
CITY ATTORNEY Lt., / -/1L/t..-Ii'/Jl.1.
/ v
CITY MANAGE'R It "1 d
November 30, 2006
SUBJECT: Accept bids from Microgear, Inc. ($184,239.41). XIT, Inc. dba 365USA ($67,894.61) and
Zones, Inc. ($45,114.71) for IBM computers and Xerox printers. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bids for IBM computers and Xerox printers.
BACKGROUND: Invitations to bid were sent to approximately one hundred (100) suppliers for IBM
computers and Xerox printers. Sixteen (16) bids were received in response to the solicitation.
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split
as follows:
BIDDER AMOUNT AWARD ITEM
Microgear, Inc. $184,239.41 Computers
Livermore, California
XIT, INC. dba 365USA $67,894.61 Monitors and Sound bar
Bakersfield, California
Zones, Inc. $45,114.71 Printers
Auburn, Washington
A spreadsheet showing unit prices is attached.
Purchasing Division
OW
S:\PURCHIADMIN\IBM Computers and Xerox Printers, 06-07-50. December 13, 2006.doc
Created on 11/30/20068:42:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Consent Calendar
ITEM: ,\. 00.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY /a~- ~ .t:1J7 S
,J/ t
CITY MANAGER II Tj u.L
November 29, 2006
SUBJECT: Accept bid from Adamson Police Products ($47,520.33) for tactical body armor for the
Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to thirty-four (34) authorized suppliers for providing Protech
tactical body armor for the Police Department. One (1) bid was received in response to the solicitation.
Adamson Police Products submitted the sole bid. Staff finds the bid to be acceptable and recommends
acceptance of the bid.
Purchasing Division
OW
S:\PURCH\ADMIN\Tactical Body Armor, 06-07-56.doc
Created on 11/29/2006 11 :49:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: '
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
November 14,2006
CITY ATTORNEY
CITY MANAGER 11-1 a.fL
SUBJECT: Appropriate $20,000.00 Developer Share EIR Trust Revenues to the Planning
Department operating budget within the Development Services Fund for consulting
services for providing assistance in processing the Concurrent Applications and
Environmental Impact Reports for the General Plan Amendment/Zone Change Nos. 06-
0961 (Riverview - Section 21) and 06-0962 (Watermark - Section 29). (Ward 3)
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
This action will augment two existing agreements with Land Consulting Services Inc. for processing two
proposed development projects, General Plan Amendment/Zone Change Nos. 06-0961 (Riverview-
Section 21) and 06-0962 (Watermark - Section 29). The consultant will process the Concurrent
General Plan Amendments, the Zone Change Environmental Impact Reports (EIRs) and the
corresponding Tract Maps within Sections 21 and 29, T29S, R29E for these two projects. These
existing agreements are $10,000.00 each and this amendment will increase each agreement by
$10,000.00. The original $20,000.00 appropriated is nearly depleted and this action is nacessary to
keep these projects on schedule. With the continued developmEtnt activity and the larga number of
EIRs that are being processed, it is necessary to contract for services to augment existing staff levels in
order to process these projects. The original contracts were $10,000.00 and therefore met the criteria
to be a departmental contract for Development Sarvices.
The scope of work shall include providing oversight in the EIR process, processing the GPA/ZC,
coordination with the EIR Consultant in preparation of staff reports and resolutions, preparing notices of
determination and preparing staff reports, resolutions, conditions of approval and notices of
determination for the corresponding Tract Maps.
MD\S:\Dana\admin\2006\Oec\12-13-0961 & 0962.doc
ADMINISTRATIVE REPORT
MEETING DATE: Dacember 13, 2006
AGENDA SECTION: Hearing
ITEM: \~. a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 17, 2006
APPROVED
DEPARTMENT HEAD >1---
CITY ATTORNEY 9:i
CITY MANAGER f/- Tj Q
SUBJECT: Public Hearing to consider resolution approving and adopting an adjusted fee pursuant
to Chapter 15.78 of the Bakersfield Municipal Code related to the Metropolitan
Bakersfield Habitat Conservation Plan Mitigation Program (All Wards).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On August 10, 2006, the Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust
Group adopted a recommendation to the Bakarsfield City Council and Kem County Board of
Supervisors to increase the Habitat Mitigation Fee from $1,240 per gross acre to $2,145 per gross
acre. The proposed increase to the Habitat Mitigation Fee is necessary to maintain the financial
viability of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) through the end of the
program in year 2014. The tremendous increase in the rate of development and increasing property
values in recent years has necessitated an increase in the mitigation fee. This is the only increase in
the fee proposed since the initial fee of $1,240 per gross acre was established in 1994. The adjusted
fee is effactive sixty (60) days from the adoption of this resolution on February 12, 2007.
In 1994, the City of Bakersfield and County of Kern received permits under Section 10(a)(1)(B) of the
United States Endangered Species Act and Section 2081 of the California Endangered Species Act
for incidantal take of protected species in connection with development projects. The MBHCP and
implemanting agreements and ordinances provide a method of collecting funds for the acquisition
and enhancement of Habitat Land for purposes of creating preserves. Development projects within
the Metropolitan araa pay mitigation fees which are used to buy habitat lands. These lands are
managed by wildlife agencies or entities they approve.
On December 12, 2006, the County of Kern Board of Supervisors will consider the same adjusted fee
for the unincorporated areas of the metropolitan Bakersfield project area. County staff is
recommending the adjusted fee of $2,145 per gross acre be approved. Ted James, Kern County
Planning Director, made a presentation of the proposed fee to the BIA. The BIA and other interested
groups have been notified of the proposed increase and have not submitted opposition.
The adoption of the adjusted fee is Categorically Exempt from California Environmantal Quality Act in
accordance with Section 15308 as an action by regulatory agency for protection of the environment.
ADMINISTRA liVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: Public Hearing
ITEM: I ~ . b.
TO: Honorable Mayor and City Council~,~PPROVED
)1/
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD . [) I...~-"
DATE: December 6, 2006 CITY ATTORNEY' ~
CITY MANAGER If T / d
/
SUBJECT: Public Hearing to Consider the Final Environmental Impact Report (FEIR) and Specific
Plan Line Amendment No. 03-1163 for the Westside Parkway Project. (Wards 2,4, & 5)
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for the Westside Parkway project and SpecifiC Plan Line
Amendment No. 03-1163.
2. Resolution approving the Westside Parkway project and Specific Plan Line
Amendment No. 03-1163.
RECOMMENDATION: Staff recommends adoption of a resolution certifying the Final EIR and
adoption of a resolution approving the proposed Westside Parkway project and specific plan line
amendment.
BACKGROUND: The proposed project involves the construction of a new east-west freeway referred
to as the Westside Parkway and a concurrent Specific Plan Line Amendment No.' 03-1163. The
alignment proposed for the Westside Parkway generally comprises the easterly portion of the Cross
Valley Canal (CVC) Alignment as described in the Tier 1 Route 58 Route Adoption Environmental
Impact Statement/Environmental Impact Report (EIS/EIR). The Wests ide Parkway is the first
transportation facility project within the Route 58 corridor described in that Tier 1 EIS/EIR. The freeway
would be approximately 13 kilometers (km) (8.1 miles) long and extend from approximately Heath Road
to a point near SR99 at Truxtun Avenue in the City of Bakersfield and an unincorporated portion of Kern
County. The project also includes the extension of Mohawk Street south from Rosedale Highway,
across the Kern River, to Truxtun Avenue.
The Preferred Wests ide Parkway Truxtun Option alternative begins on Stockdale Highway at Heath
Road (west terminus), running east and northeast generally paralleling the Cross Valley Canal and
Kern River, then crosses the Kern River before connecting to Truxtun Avenue west of SR99 (east
terminus). Mohawk Street would be improved and extended from Rosedale Highway south to Truxtun
Avenue, interchanging with the Westside Parkway and crossing the Kern River. The Westside
Parkway facility would be designed to accommodate an ultimate eight-lane freeway with potential
multimodal transportation elements (i.e. mass transit). The project would cross a number of existing
features such as other roadways, canals and the Kern River. In addition to connecting to Stockdale
Highway and Truxtun Avenue; interchanges would be provided at Allen Road, Calloway Drive, Coffee
ADMINISTRATIVE REPORT
Page 2
Road and Mohawk Street. Grade-separations would be constructed at Jewetta Avenue and Renfro
Road to carry local roadways over the Westside Parkway.
Since the early 1970's, a number of planning studies have been conducted which considered and/or
evaluated the need for a high-capacity transportation facility to serve west Bakersfield. These studies
include the following:
. 1990 Transportation Plan and Program, 1973
. Rosedale General Plan, 1980
. Analysis of the Wests ide Highway/State Highway 99 Interchange, 1982
. Preliminary Route Adoption Analysis for Route 58 from Interstate 5 to Route 99, 1985
. Route 178 Corridor Study
. Final Environmental Impact Report for the Proposed General Plan Amendment to the
Circulation Elements of the Kern County and Rosedale General Plans (Wests ide Thoroughfare),
1986
. Westside Corridor Study, 1988
. Metropolitan Bakersfield 2010 General Plan, 1990
. Project Study Report On Route 58 Between Renfro Road and Route 99 (PM 45.0 to PM 52.3),
1992
. Metropolitan Bakersfield Major Transportation Investment Strategy, 1997
. Metropolitan Bakersfield Transportation Systems Study, 2001
. Tier I Route Adoption Project EIS/EIR, 2002
. Metropolitan Bakersfield General Plan [Update], 2002
The Tier I Route Adoption Project EIS/EIR that was approved in 2002 provided Caltrans with the ability
to preserve, and acquire if necessary, property and right of way for a transportation facility within the
adopted corridor. The project was eventually transferred from Caltrans to the City of Bakersfield to
develop as a local freaway project. The City of Bakersfield has continued with acquisition of right of way
for the Westside Parkway based upon the approvals in the Tier I Route Adoption Project EIS/EIR.
Nearly all of the right of way has been acquired or is in the process of being acquired for the project.
The current (Tier 2) EIR focuses on actual implementation of the proposed Westside Parkway project,
and evaluates the potential impacts of specific design alternatives being considered for the Proposed
Action. This information is used to identify specific environmental effects of the project design. This EIR
identifies changes that may have occurred since the preparation of the Tier I EIS/EIR document.
The Planning Commission conducted a Public Hearing on this proposal and recommended approval to
the City Council on November 2, 2006. Dr. Arthur Unger representing the Sierra Club provided
testimony to the Planning Commission during the hearing. Dr. Unger's primary issues of concern were
the emphasis on highways versus transit; the Sierra Club's comment letter on the Draft EIR and staff
responses are contained in the Final EIR.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an Initial Study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance withCEQA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a
public Scoping Meeting on December 17, 2002, an adequacy hearing to receive comments on the Draft
ADMINISTRATIVE REPORT
Page 3
EIR on April 20, 2006 and a hearing on the Final EIR on November 2, 2006. The Final EIR was
recommended for certification by the Planning Commission on November 2, 2006. Copies of the Final
EIR on CD are contained in the Council member binders; hard copies of the Final EIR are available in
the City Clerk's Office and Beale Memorial Public Library.
Despite compliance with local ordinances, state laws, and mitigation measures incorporated into the
project as conditions of approval, agricultural resources and transportation/traffic impacts would remain
significant. Staff and the Planning Commission recommend certification of the Final EIR and
accompanying mitigation monitoring and reporting program, and the adoption of CEQA Findings and a
Statement of Overriding Considerations as required pursuant to State CEQA Guidelines Sections
15091 and 15093.
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: ' R~por+-~
ITEM: I L.( .C\ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
Novembar30,2006
~PROVED
f\ f,
, , I
DEPARTMENT HEAD ~/ Y"---
CITY ATTORNEY 7JD~.5
CITY MANAGERJ TI d
!
SUBJECT: Update on Capital Improvement Program Budget
RECOMMENDATION:
BACKGROUND: The Public Works Director will present a mid-year report on the capital improvement
program.
G:\GROUPDAT\ADMINRPT\2006\12-13\CIP Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 13,2006
AGENDA SECTION: Reports
ITEM: 14.b .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
December 4, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Report on the Status of the Proposal to Locate the Federal Courthouse Downtown
RECOMMENDATION:
To be detarmined.
BACKGROUND: City Managar Alan Tandy will give a brief update on the status of the proposal to
locata a Federal Courthouse Downtown. Potentially, a meeting to be held with the United States General
Services Administration on December 8, 2006 will yield new information.
December 4, 2006, 1 :53PM
S:\Admin Rpts\2006\Federal Courthouse Report 121306.dot
AT:al
ADMINISTRATIVE REPORT
MEETING DATE: December 13, 2006
AGENDA SECTION: New Business
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~
December 1, 2006
APPROVED
DEPARTMENT HEAO) &t.. A-T
CITY ATTORNEY ~
CITY MANAGER A r/ Li-
t
SUBJECT: Election of Vice-Mayor.
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
Following a Council elaction, and in accordance with City Charter, Council shall elect one of its members
Vice-Mayor at the first meeting the new Council takes office.
At the next regularly scheduled City Council meeting on January' 17, 2007, and in accordance with Section
2.02.020 of the Municipal Code, the newly elected Vice-Mayor shall make appointments to all committees.
The following is a list of current standing, ad hoc committees and other Special Board appointees, to be
filled on that date:
Standinc Committaes:
Budget and Finance
Community Services
Legislative and Litigation
Personnel
Planning and Development
Safe Neighborhoods and Community Relations
Water Resources
Other Vice-Mayor Acoointments:
Kern Council of Governments
Kern Economic Development
Kern County Museum Authority
Local Agency Formation Commission
Solid Waste Management Advisory
Planning Commission Liaison
rg
December 1, 2006, 2:24PM
S;elections\admin rpt\2006\vice-mayorelection
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 29, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Real Property Negotiators pursuant
to Government Code Section 54956.8 regarding
property located at 1600 Truxtun Avenue; Agency
Negotiators: Finance Director Nelson Smith and
Real Property Manager Donald Anderson;
Negotiating Parties: Borton, Petrini & Conron, LLP;
Under Negotiation: price and terms of payment for
purchase.
b. Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at5:18 p.m.
APPROVED
Motion by Counci/member Benham to adjourn from
Closed Session at 6:32 p.m.
APPROVED
Bakersfield, California, November 29,2006 - 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 Jonathan Mullings, Truth
Tabernacle.
7. PLEDGE OF ALLEGIANCE by Connor Stacey, 2nd Grade
Student at Olive Drive Elementary School.
8. CLOSED SESSION ACTION
a.
Conference with Real Property Negotiators pursuant
to Government Code Section 54956.8 regarding
property located at 1600 Truxtun Avenue; Agency
Negotiators: Finance Director Nelson Smith and
Real Property Manager Donald Anderson;
Negotiating Parties: Borton, Petrini & Conron, LLP;
Under Negotiation: price and terms of payment for
purchase.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
9. PRESENTATIONS
b.
NO REPORTABLE
ACTION
a. Presentation by Rhonda Smiley, Public Information
Officer to Department winners of the 2006
Excellence in Action Awards and the Extra Mile
Award in recognition of outstanding service to the
City of Bakersfield. Recipients are:
Roberta Gafford, City Clerk's Office, Gary
Fenstermaker, Development Services, Maribel
Reyna, EDCD, Kandi Mosqueda, Treasury, Douglas
Greener and Terry Lyons, Fire, Rebecca Stokes and
Johnny Ramirez, Police, Gilbert Alemao and Manuel
Barraza, Public Works, Vicki Avila and Mary Ernst,
Recreation and Parks and Heather Williams, Water
Resources.
The recipient of the Extra Mile Award for 2006 was
Karen Bennett.
Bakersfield, California, November 29, 2006 - Page 3
9.
PRESENTATIONS
ACTION TAKEN
b. Presentation of Proclamation by Mayor to Dr.
Norman Levan proclaiming November 29, 2006, as
Dr. Norman Levan Day.
10. PUBLIC STATEMENTS
a. Katie Schueth and Lisa Roberson spoke regarding
the St. Jude's Dream Home.
Councilmember Sullivan requested the Budget and
Finance Committee address the issue of waiving
permitting fees for the St. Jude's Dream Home.
11. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment
Agency due to the resignation of Robert Martinez,
term expiring April 22, 2009.
Mayor Hall nominated Danny Ordiz to fill the
vacancy created on the Bakersfield Redevelopment
Agency due to the resignation of Robert Martinez.
Motion by Vice-Mayor Maggard to appoint Danny Ordiz
to the Bakersfield Redevelopment Agency, term
expiring April 22, 2009.
12. CONSENT CALENDAR
APPROVED
Minutes:
a. Approval of minutes of the November 15, 2006
Regular City Council Meeting.
Payments:
b. Approval of department payments from November
3, 2006 to November 16, 2006 in the amount of
$10,461,118.17 and self-insurance payments from
November 3, 2006 to November 16, 2006 in the
amount of $1,105,703.08.
Ordinances:
c.
First Reading of Ordinance adding Section 8.04.030
to the Municipal Code relating to
restaurant grading.
FR
12.
Bakersfield, California, November 29,2006 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
d.
First Reading of Ordinance adding Section
15.64.340 to the Municipal Code relating to the
California Fire Code (Temporary Membrane
Structures, Tents and Canopies).
FR
e.
Adoption of Ordinance amending Section
16.16.060(a) of the Municipal Code relating to
hearing notice requirements for tentative maps; and
Section 17.64.050(b) relating to hearing notice
requirements for general plan amendments, specific
plans or zone changes.
ORD 4392
f.
ORD 4393
Adoption of Ordinance amending Municipal Code
Sections 1.12.040,1.12.010,1.12.050 and 1.12.070
by adding Annexation No. 473 consisting of 60.71
acres located west of Calloway Drive, generally
north of Snow Road; Annexation No. 478 consisting
of 97.35 acres located on the east side of Calloway
Drive, generally north of Snow Road; and
Annexation No. 489 consisting of 1.68 acres located
south of Rosedale Highway, west of EI Toro Viejo
Road to Ward 4; Annexation No. 487 consisting of
41.64 acres located east and west of Madison
Street, near Belle Terrace; and Annexation No. 497
consisting of 106.21 acres located at the northeast
corner of Berkshire Road and South Union Avenue
to Ward 1; Annexation No. 468 consisting of 121.90
acres located north and south of McCutchen Road,
east and west of Progress Road; and Annexation
No. 502 consisting of 45.69 acres located at the
southeast corner of Panama Lane and Buena Vista
Road to Ward 5; and Annexation No. 488 consisting
of 16.70 acres located generally south of McKee
Road, west of Freeway 99 to Ward 7.
Resolutions:
g.
Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 563
consisting of 21.83 acres located at the
northwest corner of Snow Road and Coffee Road.
Resolution adopting the Investment Policy of the
City.
Resolution adopting the National Incident
Management System (NIMS).
RES 302-06
RES 300-06
h.
RES 301-06
i.
Bakersfield, California, November 29,2006 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
j. Resolution approving the destruction of certain RES 303-06
obsolete City records, documents, instruments,
books and papers, pursuant to
California Government Code Section 34090, et
seq. (Public Works Department)
k. Resolution authorizing the requisite City personnel RES 304-06
to execute all documents required to access Section
108 Loan Guarantee Funds of $3,750,000 and
Brownfields Economic Development Initiative Grant
of $750,000 for Mill Creek South Mixed Use Project.
I. Resolution confirming approval by Assistant City RES 305-06
Manager of Chief Code Enforcement Officer's
Report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
m. Resolution adding territory, Area 3-58 (Panama, RES 306-06
Gosford 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.
n. Resolution of Intention No. 1492 to add territory, ROl1492
Area 4-65 (Morning, Paladino SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1493 to add territory, RO/1493
Area 2-33 (White, Buena Vista SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
p. Resolution of Intention No. 1494 to add territory, ROl1494
Area 3-59 (S Allen, Pensinger SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
q. Resolution of Intention No. 1495 to add territory, ROl1495
Area 4-66 (Panorama, Vineland SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
12.
Bakersfield, California, November 29, 2006 - Page 6
CONSENT CALENDAR continued
Final Map and Improvement Agreements
with GMAC Model Home Finance, LLC and
Lennar Homes of California, Inc. for Tract
6328 Unit 1 located at the southwest
intersection of Panama Lane and Mountain
Vista Drive.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6351 Unit 1 located at the southeast
corner of Panama Lane and Ashe Road.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6367 Unit 4 located north of Berkshire
Road and west of Highway 99.
u. Bakersfield Municipal Airport Ground Leases:
r.
s.
Agreements:
t.
ACTION TAKEN
Amendment No. 15 to Resolution No. 44-93 setting
salaries and related benefits for the Temporary Unit
due to increased minimum wage.
Amendment NO.8 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 Trades Assistant T-Step.
RES 44-93(15)
RES 049-06(8)
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements
with ADH Corporation for Tract 6297 Phase
1 located north of Redbank Road between S.
Oswell Street and S. Sterling Road.
Improvement Agreements with ADH
Corporation for Tract 6297 Phases 4 & 5
located north of Redbank Road between S.
Oswell Street and S. Sterling Road.
AGR 06-348
AGR 06-349
AGR 06-350
AGR 06-351
AGR 06-352
2.
3.
AGR 06-353
AGR 06-354
4.
AGR 06-355
AGR 06-356
5.
AGR 06-357
1.
Agreements with Steven Ayler for purposes
of constructing two aircraft storage
hangars for a monthly lease fee of $40.00
each.
Agreements with Kern Charter Services for
purposes of constructing two aircraft
storage hangars for a monthly lease fee of
$40.00 each.
AGR 06-360
AGR 06-361
AGR 06-358
AGR 06-359
2.
12.
Bakersfield, California, November 29, 2006 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
v.
Installation of traffic signal and lighting system at the
intersection of State Route 58 eastbound on/off
ramps and Cottonwood Road:
1. Agreement with State of California
Department of Transportation - Caltrans
($250,000) for the project.
2. Appropriate $250,000 Transportation
Development Fund balance to the Public
Works Department Capital Improvement
Budget.
AGR 06-362
w. Baseball Complex located at the corner of Stockdale
Highway and Jewetta Avenue:
1.
Agreement with Bakersfield Southwest
Baseball, Inc. (BSWB) for construction of
baseball complex.
Agreement with BSWB for a license to
operate baseball complex.
AGR 06-363
2.
AGR 06-364
x. City in the Hills Parks:
y.
Agreement with Mountain View Bravo, LLC
(not to exceed $2,100,114) to construct
City in the Hills Park East located at City
Hills Drive and Kuma Way (estimated
reimbursement at completion is $250,000).
2. Agreement with Mountain View Bravo, LLC
(not to exceed $1,789,496) to construct
City in the Hills Park West located at City
Hills Drive and Manchester Lane (estimated
reimbursement at completion is $250,000).
Agreement with McMillan Arlington Park, LLC (not to
exceed $140,000) to reimburse costs for roadway
paving and sewer laterals on Hosking Avenue west
of Union Avenue.
AGR 06-367
1.
AGR 06-365
AGR 06-366
z.
Amendment No. 1 to Agreement No. CA06-014 with
Clifford & Brown ($50,000 total not to exceed
$90,000) for outside legal services in the matter of
John M. Tarabino, et al v City.
Amendment No. 1 to Agreement No. 05-325 with
Kern County Water Agency for water supply for the
City Domestic Water System.
REMOVED FOR
SEPARA TE
CONSIDERA TION
aa.
AGR 05-325(1)
Bakersfield, California, November 29,2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
bb. Amendment NO.1 to Agreement No. 03-310 with AGR 03-310(1)
Virginia Gennaro for employment as City Attorney.
Bids:
cc. Accept bid and award contract to Bakersfield Well & AGR 06-369
Pump Company ($365,385) for drilling and pump
testing one domestic water well, CBK-52 located at
9701 Grey Goose Street, in the vicinity of Old River
Road and Harris Road.
dd. Wastewater Treatment Plan 2 Primary Clarifiers 1 &
2 Effluent Channel Concrete Coating:
1. Accept bid and award contract to Universal AGR 06-370
Coatings Inc. ($317.880) for project.
2. Appropriate $152,000 Sewer Enterprise
Fund balance (WWTP No.2) to Public
Works Capital Improvement Budget to fund
the project.
ee. Accept proposal and award contract to bd Systems, AGR 06-371
Inc. (not to exceed $93,000) for a computerized
routing application.
Miscellaneous:
ff. Independent Auditors Report for the Rabobank
Arena, Theater, Convention Center & Ice Sports
Center for the Fiscal Year ended June 30, 2006.
gg. Mount Vernon Greenwaste Facility:
1. Purchase two wood grinders from Morbark,
Inc. ($1,245,275.08) as part of program
to convert equipment at Facility from diesel
to clean electric power to meet air
pollution control requirements.
2. Appropriate and transfer $280,000 Rose
Foundation grant and $682,818 Refuse
Fund balance from the Refuse Fund to the
Public Works Department Operating
Budget within the Equipment Management
Fund.
3. Appropriate $282,458 Equipment
Management Fund balance to the Public
Works Department Operating Budget.
Bakersfield, California, November 29, 2006 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
hh. Authorize purchase of bomb squad equipment
($145,500) by Kern County pursuant to Agreement
No. 06-139.
ii. Community Development Block Grant Action Plan
Amendment NO.1 (FY 06/07) to provide additional
funding for Lowell Place Security Fence Project and
Baker Streetscape Improvement Project, Phase II.
City Clerk McCarthy announced a correction to the
backup in item 12.a.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a through 12.ii, with the removal of
item 12.z. for separate consideration.
APPROVED
z.
Amendment NO.1 to Agreement No. CA06-014 with
Clifford & Brown ($50,000 total not to exceed
$90,000) for outside legal services in the matter of
John M. Tarabino, et al v City.
AGR 06-368
Vice-Mayor Maggard asked City Attorney Gennaro for
the record, who is paying the fees for the litigation.
City Attorney Gennaro responded it is her
understanding that the fees are being paid by General
Holdings on behalf of the plaintiffs.
Councilmember Couch requested an on-going
monthly report regarding outside legal costs regarding
this issue.
Motion by Vice-Maggard to approve item 12.z.
APPROVED
13. CONSENT CALENDAR HEARINGS
None.
Bakersfield, California, November 29, 2006 - Page 10
14.
HEARINGS
ACTION TAKEN
a.
Public Hearing to consider Resolution conditionally
consenting to the sale of a cable television system
from Cebridge Acquistions, LP to Bright House
Networks, LLC and the surrender of a cable
television franchise and termination and
abandonment of service by Cebridge Acquisition,
LP.
RES 307-06
Staff comments by City Attorney Gennaro.
Hearing opened at 7:15 p.m.
Bruce Rapp spoke in opposition to the staff
recommendation.
Hearing closed at 7:18 p.m.
Vice-Mayor Maggard requested staff act as liaison
between Mr. Rapp and the cable company to facilitate
providing his area of residence with cable service.
Motion by Vice-Mayor Maggard to adopt the Resolution.
APPROVED
NS CARSON
Counci/member Couch requested staff place 800
numbers for Brighthouse and Suddenlink on the City's
webpage.
b. General Plan Amendment No. 06-0464; San
Joaquin Engineering, Inc., representing CAVU
Investment, Ltd. (property owner) has applied for a
general plan amendment on 20.76 acres located at
the southwest corner of Lake Ming Road and Old
Alfred Harrell Highway.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to LR (Low Density Residential) on 20.76
acres.
RES 308-06
Staff comments by Development Services Director
Grady.
Hearing opened at 7:26 p.m.
Patti Wilson, Rio Bravo Phase 1 Homeowners
Association, spoke in opposition to the staff
recommendation and submitted written material.
Bakersfield, California, November 29,2006 - Page 11
14.
HEARINGS
Item 14.b. continued
ACTION TAKEN
Brett Dawson, San Joaquin Engineering on behalf
CAVU Investment, Ltd., spoke in support of the staff
recommendation.
Patti Wilson, Rio Bravo Phase 1 Homeowners
Association, spoke in opposition rebuttal to the staff
recommendation.
Hearing closed at 7:35 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
with amendments to reflect the agreed upon wall
extensions and restrictions to certain lots being single
story only.
APPROVED
c.
General Plan Amendment/Zone Change No. 06-
0443; Marino & Associates, representing West
Coast Investments, Inc. (property owner) has
applied for a general plan amendment and zone
change on 28.52 acres located on the north side of
Pacheco Road and west of Akers Road (future). An
appeal of the Planning Commission's decision was
submitted by West Coast Investments, Inc.
1. Resolution denying the general plan
amendment changing the land use
designation from LI (Light Industrial) to HMR
(High Medium Density Residential) on 23.66
acres and SI (Service Industrial) to HMR on
4.86 acres.
Ordinance adopting a Negative Declaration
and amending Section 17.06.020 (Zoning
Map 123-14) of Title Seventeen of the
Bakersfield Municipal Code to change the
zoning from M-1 (Limited Manufacturing) to
R-2/P.U.D. (Limited Multiple Family
Dwelling/Planned Unit Development) of
10.26 acres and M-2 (General
Manufacturing) to R-2/P.U.D. on 13.62
acres, generally located on the north side of
Pacheco Road and west of Akers Road.
RES 309-06
2.
FR
City Clerk McCarthy announced correspondence
was received from staff regarding the revised
recommendation and conditions of approval.
Staff comments by Development Services Director
Grady.
Bakersfield, California, November 29, 2006 - Page 12
14.
HEARINGS
Item 14.c. continued
ACTION TAKEN
Hearing opened at 8:05 p.m.
Kristine Boyer, Crimson Resource Management,
spoke in opposition to the staff recommendation.
Shawn Biosal, President, West Coast Investments,
Inc. and Mike Brown, West Coast Investments,
spoke in favor of the staff recommendation.
Kristine Boyer, Crimson Resource Management,
spoke in opposition rebuttal to the staff
recommendation.
Hearing closed at 8:24 p.m.
Motion by Counci/member Sullivan to adopt the
Resolution upholding the appeal and give first reading
to the Ordinance with the revised zoning and
conditions.
APPROVED
16. DEFERRED BUSINESS
a.
Agreement with Century Building Associates, LLC
($9,500,000) to purchase real property located at
1600 Truxtun Avenue to address space needs at
City Hall.
AGR 06-372
DEED 6590
1. Appropriate and transfer $6,500,000 General
Fund Balance from the General Fund to the
Capital Outlay Fund; and appropriate and
transfer $3,000,000 from the Facilities
Reserve Fund to the Capital Outlay Fund for
a total of $9,500,00 for the purchase of the
Borton Petrini building located at 1600
Truxtun Avenue.
City Clerk McCarthy announced late
correspondence was received from staff adding
appropriation language to the item and changing the
staff recommendation to approve the appropriation.
Motion by Counci/member Benham to approve the
Agreement and appropriation transfers.
APPROVED
15. REPORTS
None.
Bakersfield, California, November 29, 2006 - Page 13
17.
NEW BUSINESS
ACTION TAKEN
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham made comments regarding
dedicated City employees, particularly those in Recreation
and Parks who worked to make last weekend's Turkey
Swim a success, and the public safety response personnel
who responded to the accident Saturday on Truxtun Ave.
Councilmember Couch thanked Vice-Mayor Maggard for
his service to the City and wished him well as he prepares
to assume the office of County Supervisor.
Councilmember Sullivan requested staff provide
additional trash receptacles along the route of the
Christmas Parade and encourage citizens to use them.
Councilmember Hanson requested staff explore
erecting a center barrier down Truxtun Extension.
Councilmember Hanson requested staff monitor trash
build up behind Sam's Club and contact him if there are
additional complaints.
Councilmember Scrivner thanked staff for responding to his
referrals in an expeditious manner.
Councilmember Scrivner complimented Mayor Hall for
representing the City in a positive light.
Vice-Mayor Maggard made comments regarding Mayor
Hall's facilitation of past Christmas Parades.
Vice-Mayor Maggard requested staff analyze methods
for speed control on Truxtun Ave.
Mayor Hall made comments regarding the success of the
Shik Parade and compliment the Shik community and
Rabobank Arena and Police staffs for their contributions to
that success.
Bakersfield, California, November 29, 2006 - Page 14
19. ADJOURNMENT
ACTION TAKEN
Mayor Hall adjourned the meeting at 9:00 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield