HomeMy WebLinkAbout01/14/04_CC_ AGENDA_ PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 14, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
(WardS)
(Wards4,7)
(Wards 1,4)
(Ward 4)
Minutes:
a. Approval of minutes of meeting of the December 10, 2003.
Payments:
b. Approval of department payments from November 22,2003 to December 31 ,2003
in the amount of $21,507,713.58 and self insurance payments from November 22,
2003 to December 31,2003 in the amount of $470,901.75.
Ordinances:
c.
First Reading of Ordinance adopting the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 123-20 to change the zoning from C-1
(Neighborhood Commercial) to R-1 (One-Family Dwelling) on 5± acres located along
the northwest corner of Progress Road and Panama Lane.
d. First Reading of Ordinance amending Section 10.69.030 ofthe Municipal Code relating
to Special Events Application - Issuance Fee.
e.
First Reading of Ordinance amending Municipal Code Sections 1.12.040 and 1.12.070
by adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7.
f.
Adoption of Ordinance amending Municipal Code Sections 1.12.010 and 1.12.040 by
adding Annexation No. 442 to Ward 1 and Annexation No. 439 to Ward 4. (First
Reading 12/10/03)
g. Adoption of Ordinance amending Section 2.28.0990 of the Municipal Code relating to
Appointments to Board of Zoning Adjustment. (First Reading 12/10/03)
h.
Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 101-36, 122-01, and 123-06 to change the
zoning from R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family Dwelling) on 20-
56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue
and R-3 (Limited Multiple-Family Dwelling) to CoO (Professional and Administrative
Office) on 23.94 acres located at the southeast corner of Stockdale Highway and
Buena Vista Road (ZC 03-0745). (First Reading 11/19/03)
3. CONSENT CALENDAR continued
(Ward 4)
(Wards 1,4)
(Ward 4)
(Wards 1 ,2,5,6) o.
(Ward 1)
p.
Resolutions:
i.
Resolution Ordering Change of Proceedings to authorize additional improvement work
in Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford
Industrial).
j. Maintenance and replacement of fire station apparatus overhead doors.
1. Resolution determining that certain equipment can only be reasonably obtained
from one vendor, Robert Moss, Jr, Architectural Specialties, and authorizing
the Finance Director to dispense with bidding not to exceed $78,000.00.
2. Contract with Robert Moss, Jr. for maintenance and replacement of fire station
overhead doors not to exceed $78,000.00.
k. Resolution authorizing the Finance Director to dispense with usual bidding procedures
and to purchase Harris Microwave Equipment for various radio communications sites,
not to exceed $200,000.00.
I. Resolution determining that certain equipment, Mobile Decontamination System, can
only be reasonably obtained from one vendor, Modec, Inc., and authorizing the
Finance Director to dispense with bidding not to exceed $78,000.00.
m.
Resolution of Application proposing proceedings for annexation of inhabited territory
to the City property identified as Annexation No. 455 located west of Allen Road, north
of Palm Avenue.
n.
Resolution of Application proposing proceedings for annexation of uninhabited territory
to the City property identified as Annexation No. 451 located along the northwest side
of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive.
Resolution approving the application for grant funds for the 2004 - 2005 Environmental
Enhancement and Mitigation Program for the following four projects:
1. East California Avenue Streetscape (Phase I) - installation of median island
landscape and hardscape from Union Avenue to King Street.
2. New Stine Road Landscape Barrier - installation of parkway landscaping from
Sundale Avenue to Demaret Avenue.
3. Rio Vista Park Water Recharge/Recreational Facility Buffer - installation of
parkway landscaping on east side of Jewetta Avenue adjacent to park site.
4. Ming Avenue Median Enhancement - installation of median island landscape
and hardscape from New Stine Road to SR 99.
Resolution adding territory, Area 5-11 (Oswell, Zephyr NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
2
5. CONSENT CALENDAR continued
(Ward 4)
(Ward 1)
(Ward 2)
(Ward 2)
(Ward 2)
u.
(Ward 2)
v.
(Wards 1,4,5,7) W.
q.
Resolution of Intention No. 1321 to add territory, Area 1-41 (Stockdale, Renfro NW)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
r.
Resolution of Intention No. 1322 to add territory, Area 2-26 (Stockdale, Real) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Mohawk Planned Sewer Area (generally bounded by the Calloway Canal on the north,
Highway 99 on the east, the Cross Valley Canal/Kern River on the south and the Friant
Kern Canal/Coffee Road on the west):
s.
1. Resolution of Intention No. 1323 to establish the Mohawk Planned Sewer Area
and preliminarily approving the boundaries of the area and the cost and fee
schedule.
2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code
relating to Sewer Facilities.
Agreements:
t.
Citywalk Project Parking Agreements:
1. Agreement with D. W. Sivers for sale of real property located north of 13'"
Street and east of "N" Street.
2. Joint Use Parking Agreement with D. W. Sivers for shared parking of certain
City owned parking lots and commercial development parking lot.
Appropriate $50,000.00 U.S. Environmental Protection Agency, Brownfield Revolving
Loan Program Funds to the Old Town Kern Operating Budget to address
environmental cleanup issues associated with a commercial building located at 1924
Q Street (Assistance League of Bakersfield).
Amendment NO.2 to Agreement No. 02-338 with Assistance League of Bakersfield.
Tract Maps and Improvement Agreements:
1. Final Map with McMillin San Trope, LLC for Tract 6019 Phase 2 located south
of Olive Drive and west of Riverlakes Drive.
2. Final Map with ADH Corporation for Tract 6140 Phase 2 located south of State
Route 58 and east of Oswell Street.
3. Final Map and Improvement Agreements with D. N. B. Development Corp. for
Tract 6006 Phase 2 located east of Wible Road and north of McKee Road.
4. Final Map and Improvement Agreements with F S I Developers, LLC for Tract
6066 Units 3 and 4 located south of Berkshire Road and west of Akers Road.
5. Final Map and Improvement Agreements with Eagle Meadows of Bakersfield,
I, CA, LLC, for Tract 6187 located east of Buena Vista Road and north of
Pacheco Road.
-_.~,._,-"".- .'--------.--
3
3. CONSENT CALENDAR continued
x. Consultant Agreements with Mcintosh & Associates ($300,000.00) and Quad Knopf
($450,000.00) to provide on-call construction inspection services for Capital
Improvement Program and Development projects.
(Ward 4)
y.
Cooperative Agreement with the State of California, Department of Transportation, for
the widening of Rosedale Highway between State Route 99 and Gibson Street.
Z. Memorandums of Understanding between the City, County of Kern, Kern Council of
Governments (KernCOG) and the State of California-Department of Transportation
(Caltrans) for the Regional Transportation Model.
1. Kern Regional Modeling Coordination MOU reaffirms the existence and roles
of the Kern Regional Transportation Modeling Committee (RMC) founded in
June 2001 by the Kern COG Board.
2. Kem Regional Traffic Count Program MOU to develop and maintain inventory
of traffic counters available for use by agencies to monitor traffic flow in the
reg ion.
3. Kem Regional Transportation Model Distribution MOU establishes a distribution
policy for the Model.
aa. Amendment NO.3 to Agreement No. 99-334 with Duane Morris ($100,000.00, total
contract amount not to exceed $350,000.00) for legal services in the matter of North
Kern Water Storage District v. Kern Delta District, et al.
bb. Amendment No.1 to Agreement No. PW02-203 ($50,000.00) for additional consulting
services and compensation to Dresser Services, Inc., for asbestos surveys on various
projects.
Bids
(Ward4) cc.
(Ward 1) dd.
(Wards 1,7) ee.
Accept bid to award contract to Loop Electric ($71 ,232.25) for traffic signal and lighting
installation at Brimhall Road and Old Farm Road.
Accept bid to award contract to Judge Netting, Inc. ($29,800.00) to construct Wood
Waste Grinder Safety Cover.
Traffic Signal and Lighting Installation at Panama Lane and Monitor Street:
1. Accept bid to award contract to Loop Electric ($99,345.50) for project.
2. Appropriate $20,000.00 Transportation Development Fund Balance to the
Capital Improvement Budget.
4
3. CONSENT CALENDAR continued
(Ward 1)
(Wards 1.2)
(Wards1,2)
Miscellaneous
ff. Referral of Audit Reports to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for fiscal year ended June
30, 2003.
2. Independent Auditors Report - Single Audit Report - Schedule of Federal
Expenditures for the City for fiscal year ended June 30, 2003.
3. Independent Auditors Report - Compliance with Contractual Requirements
relative to the Bakersfield Subregional Wastewater Management Plan for year
ended June 30, 2003.
gg.
4. 'ndependentAuditors Report on Appropriations Limit Worksheet (GANN Limit)
of the City for the fiscal year ended June 30, 2003.
Appropriate $12,250.00 Southeast Project Area Housing Funds to the Capital
Improvement Budget for the acquisition of two southeast tax default properties located
at 19 Milham and 301 South Owens.
hh.
Appropriate $56,543.00 to the Redevelopment Operating Fund Budgets (Southeast _
$9,063.00; Old Town Kem - $17,175.00; and Downtown - $30,305.00) for State
Educational Revenue Augmentation Fund (ERAF) Allocation.
ii.
Appropriate $300,000.00 ($73,000.00 SEPA; $113,000.00 OTK Operating: $40,500.00
OTK Housing: and, $73,500.00 DTPA Housing) to the Redevelopment Operating and
Housing fund budgets for administrative costs associated with Economic Development
Activities for Fiscal Year 2003-04.
jj. Community Development Block Grant (CDBG) Action Plan Amendment NO.9 (FY
02/03) and Amendment NO.2 (FY 03/04).
Staff recommends adoption of Consent Calendar items a through jj.
4. CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm portion of meeting
(WardS)
a.
Hearing related to appeal filed by Castle and Cooke Development on Vesting Tentative
Tract Map No. 6223 and Zone Change 03-1073 located on the northeast comer of
White Lane and South Allen Road.
Staff recommends the hearing be opened and continued to the January 28, 2004 meeting.
(Ward 3)
b.
Consolidated hearing of appeals by Mcintosh and Associates, on behalf of Mountain
View Bravo LLC, of determination of incompleteness for Vesting Tentative Tract Maps
6257, 6258, 6259, 6260, 6261, 6263, 6264, 6265, 6266 and 6267 (City in the Hills)
located between State Route 178 and Paladino Drive west of Masterson and resolution
upholding staffs determination of incompleteness.
Staff recommends the hearing be opened and continued to the May 12, 2004 meeting..
5
6.
7.
8.
9.
10.
(15 min)
(15min)
11.
12.
13.
(Ward 4)
(Ward 4)
5. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding City v. SPCA, et al.
b. Conference with Legal Counsel - Anticipated Litigation. Closed Session pursuant to
subdivision (b)(1)(A) of Government Code Section 54956.9. Two (2) potential cases.
RECONVENED MEETING - 7:00 p.m.
ROLL CALL
INVOCATION by Pastor Terry Barnett, River Oaks Church.
PLEDGE OF ALLEGIANCE by Hailey Golich, 5'" Grade Student at Stockdale Christian School.
CLOSED SESSION ACTION
WORKSHOP
a. Budget Update (Staff presentation by City Manager Alan Tandy)
b. Wests ide Parkway Update Report. (Staffpresentation by Public Works OirectorRaul Rojas)
PUBLIC STATEMENTS
CONSENT CALENDAR - for those Consent matters listed but not heard at 5:15 pm portion of meeting
HEARINGS - Council may also hear Consent hearing items listed but not heard at 5:15 pm portion of meeting.
a. Public Hearing to consider Resolution modifying the decision of the Planning
Commission approving Vesting Tentative Tract 6230, Negative Declaration and denying
the appeal by Gary & Judy Denny and Harry & Shirley Rowles (SmithTech U.S.A _
ApplicanUSubdivider) .
Staff recommends adoption of resolution modifying the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6230 and denying the
appeal to confirm the agreement by appellants, subdivider and staff.
b.
Public Hearing to consider Resolution modifying the decision of the Planning
Commission approving Tentative Tract 6036, Negative Declaration and denying the
appeal by Harry & Shirley Rowles (SmithTech U.S.A - ApplicanUDon Judkins _
Subdivider).
Staff recommends adoption of resolution modifying the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6036 and denying the
appeal to confirm the agreement by appellants, subdivider and staff.
6
14. REPORTS
(Ward4)
a.
Community Services Majority Report No. 1-04 and Minority Report No. 2-04 regarding
the naming of park located at Stockdale Highway and Buena Vista Road.
Staff recommends Council determination.
15. COUNCIL AND MAYOR STATEMENTS
16. ADJOURNMENT
Respectfully submitted,
Æ.-wsl~írK(
Alan Tandy
City Manager
pi
1/8/04 8:09 am
7
Æ
.
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BAKERSFIELD
OFFICE OF THE CITY MANAGER
MEMORANDUM
January 9, 2004
TO:
HONORABLE MA Y9.r ~D CITY COUNCIL
JOHN W. STlNSON~síSTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
¡f~
FROM:
THROUGH:
SUBJECT: AGENDA HIGHLIGHTS - JANUARY 14, 2004 COUNCIL MEE ING
REGULAR MEETING 5:15 D.m.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 3c. First Readinc of Ordinance adootinc the Necative Declaration and Amendinc the Municioal
Code and Zoninc MaD on 5+ Acres Located Alonc the Northwest Corner of Procress Road and Panama
Lane. At the December 10'h City Council meeting, the Council voted to approve the requested GPA and
Zone Change. Staff recommends first reading of the Ordinance.
Item 3h. Adootion of Ordinance recardinc the Prooosed Zone Chance on 23.94 Acres Located at the
Southeast Corner of Stockdale Hichwav and Buena Vista Road. The first reading was conducted at the
November 19th Council meeting in response to issues raised regarding conditions being complete. Staff
has reviewed the proceeding and ensured that all conditions are included for adoption. The City
Attorney will be responding to the issues raised by individuals commenting at the December 10th Council
meeting under separate cover.
Resolutions:
Item 31. Maintenance and Reolacement of Fire Station Aooaratus Overhead Doors. The first part of this
item is a resolution authorizing the Finance Director to dispense with bidding. The company of Robert
Moss, Jr. supplies the unique parts for the City's existing Fire Station doors and thus is able to make
repairs in a timely manner as required by the Fire Department. The second part of this item is a
contract with this vendor in an amount not to exceed $78,000. This contract includes $65,000 for the
replacement of the doors and operators at Station 1 as part of the rewiring project approved by Council
on December 10, 2003, and $13,000 for ongoing repairs and maintenance for Fire Station doors
citywide.
Item 3k. Resolution Authorizinc the Finance Director to Disoense with Usual Biddinc Procedures and to
Purchase Harris Microwave Ecuioment for Various Radio Communications Sites. in an amount not to
exceed $200.000. The Radio Communications Systems used by Police, Fire and Public Works utilizes
microwave equipment for conductivity between various communication sites. The system also carries
hundreds of City telephone circuits and computer data from the Information Technology Division. The
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 14, 2004
PAGE 2
existing equipment has been out of production for twelve years and new parts are unavailable. The
existing equipment failure rate is very high, rendering the radio systems inoperative and interruption of
telephone/data service during outages. Harris digital microwave equipment has been phased in for four
years. For integrated compatibility, the new systems must support Harris diagnostics and digital format.
The new digital microwave will also allow an additional wireless data channel to be added to the Police
Mobile Data Computer System increasing wide area coverage and system capacity.
Item 30. Resolution Accrovino the Acclication for Grant Funds for the 2004 - 2005 Environmental
Enhancement and Mitioation IEEM) Prooram. This item submits four projects to the California
Transportation Commission (CTC) for grant funding under the EEM Program. This program provides
partial funding with the balance to be provided by the City. The four projects include: 1) East California
Streetscape Phase I; 2) New Stine Road Landscape Barrier; 3) Rio Vista Park - Water Recharge /
Recreational Facility Buffer; and 4) Ming Avenue Median. Matching CDBG and Gas Tax funds are
available for the City's share of the first two projects. In the event either of the last two projects is
selected for funding by the State, matching City funds would have to be identified, or the grant funds
would be returned.
Item 3s. Mohawk Planned Sewer Area. The City has constructed a sewer trunkline north of the Kern
River from a point east of Coffee Road to Highway 99 to serve an area generally bounded by the
Calloway Canal on the north, Highway 99 on the east, the Cross Valley Canal/Kern River on the south
and the Friant Kern Canal/Coffee Road on the west. Sewer Enterprise funds were used to pay the initial
cost of this project. These funds will be reimbursed as new developments and existing parcels within the
area connect to the sewer trunkline. This resolution preliminarily approves the boundaries of the Area,
the cost of the improvements and the assessment fee schedule. This ordinance adds the Mohawk
Planned Sewer Area to the list of Sewer Areas for which developers and property owners are charged at
time of development or connection to pay the cost of constructing the sewer facilities.
Aareements:
Item 3t. Citvwalk Proiect Parkino Aoreements. Throughout 2002, DW. Sivers Company ("Sivers") has
been purchasing real property in the area of the north side of California Avenue between "N" and "P"/"Q"
Streets in order to construct a commercial project in that area. Sivers desires to acquire a part of a City-
owned block between "N" and "0" and 13'h and 14'h Streets, as well as an area north of 13'h Street by the
Ice Sports Center. A portion of the property is currently used for parking for Centennial Garden Arena
and the Convention Center.
The compensation we are to receive for property with an estimated value of $360,000 is $5.5 million in
General Fund and Tax Increment Reserve increases over the next 20 years.
Recently, the City constructed the Bakersfield Ice Sports Center and is in the process of constructing the
McMurtrey Aquatics Center. Those facilities may require additional parking. Sivers commercial
development will be located directly south of those facilities. The Joint Use Parking Agreement assures
that Sivers' patrons can use the City's parking facilities on non-Arena event days and non-Aquatics
center event days. Sivers pledges that he will make his parking facilities available to users of Centennial
Garden Arena, the Convention Center, the Ice Center and Aquatics Center.
Item 3u, Accrocriate $50.000 U.S. Environmental Protection Aoencv IEPA). Brownfield Revolvino Loan
Prooram Funds to the Old Town Kern Oceratino Budoet to Address Environmental Cleanuc Issues
Associated with a Commercial Buildino Located at 1924 "Q" Street. Last year, the Bakersfield
Redevelopment Agency received a $1 million grant from the EPA to establish a revolving loan fund to
help property owners address hazardous materials and environmental cleanup issues associated with
their properties. Of the $1 million grant award, up to 10% ($100,000) was earmarked to provide sub-
grants, which do not need to be repaid to the Agency. We have received a grant request from the
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 14, 2004
PAGE 3
Assistance League in the amount of $50,000 to be used to cleanup identified environmental and
hazardous materials at 1924 "Q" Street. This is property that the Assistance League intends to acquire
and occupy in the near future as part of the property exchange with Mr. Sivers.
Several compliance issues will be required of the Assistance League as a condition of receiving the EPA
subgrant funds, which are listed in more detail in the administrative report. Documentation of the actual
cleanup costs must be provided by the Assistance League. Should the amount of the subgrant exceed
the cost of the cleanup, the difference shall be returned to the Agency. Should the cost of the cleanup
exceed the amount of the subgrant, the difference shall be borne by the Assistance League.
The Agency approved the allocation and authorized the execution of the required agreement and related
documents at their January 5, 2004 meeting.
Item 3v. Amendment NO.2 to Aareement No. 02-338 with Assistance Leaaue of Bakersfield ILeaaueL
In 2002, the City and League agreed to swap parcels of real property. The League owned a parking lot
the City needed for the Aquatics Center/lce Rink project. The agreement obligated the City, at City's
expense, to construct a lighted parking lot on the newly-acquired parcel, which is not needed now
because the League is relocating to 1924 "Q" Street. However, the League will need funds to effectuate
the relocation and has agreed to accept the cash equivalent of the fair value of construction of the
parking lot, which is $36,000. This amendment allows for the payment to be paid into an escrow account
within thirty days of execution. In the event the League does not relocate, the City would get its money
back and be obligated to construct the parking lot.
Item 3x. Consultant Aareements with Mcintosh & Associates 1$300.000\ and Quad KnoDf 1$450.000\ to
Provide "On-call" Construction InsDection Services for CaDital ImDrovement Proaram ICIP) and
DeveloDment Proiects. These agreements are for construction inspection services for calendar years
2004 and 2005. After reviewing the submitted Statements of Qualifications and fee proposals, and
based primarily on qualification scores of individual inspectors and secondarily on hourly rates, staff
recommends approval of agreements with the two firms as being the most favorable to the City. Since
specific project assignments are not predetermined, the potential compensation amount for each
inspector is set at a not-to-exceed aggregate total of $150,000. No appropriations are necessary since
these agreements will be funded by either budgeted capital improvement projects or by inspection fees
collected from developers.
Item 3z. Memorandums of Understandina IMOUs) between the City. County of Kern. KernCOG and the
State of California-DeDartment of TransDortation for the Kern COG Reoional Transoortation Model. Kern
COG maintains a Regional Transportation Model for air quality modeling and transportation planning.
Three MOUs have been developed to coordinate the use, assumptions and inputs to the model. The
model predicts future traffic for use in transportation studies and engineering analysis. The regional
model is mandated by the 1990 Clean Air Act to demonstrate that the planned expenditures of
transportation funds will not negatively impact the regions' progress on attaining the clean air standards.
There is no cost to the City associated with this support.
Bids:
Item 3cc. Award Contract to LOOD Electric for Traffic Sianal and Liahtina Installation at Brimhall Road
and Old Farm Road in the amount of $71.232.25. The project is funded entirely with Transportation
Development Funds. Two acceptable bids were received. Staff recommends award to Loop Electric.
Item 3ee. Award Contract to LOOD Electric for Traffic Sianal and Liahtina Installation at Panama Lane
and Monitor Street in the amount of $99.345.50. The project is funded entirely with Transportation
Development Funds. An additional appropriation is needed to award this project. Two acceptable bids
were received. Staff recommends award to Loop Electric.
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 14, 2004
PAGE 4
Miscellaneous:
Item 3aa. Purchase of Southeast Tax Default ProDerties for the Southeast Infill Housina Proiect. On
September 8, 2003, the Bakersfield Redevelopment Agency approved a Resolution authorizing the
purchase of two tax-default properties located at 19 Milham and 301 South Owens. These vacant
residential lots will provide sites to construct affordable homes in the Southeast neighborhood. The
Economic and Community Development Department will work with developers/contractors to build
quality affordable single family homes for eligible low income homebuyers. Funding for the acquisition
will come from the 20% Housing Set Aside. Staff recommends appropriation of $12,250 to the CIP
budget for the acquisition.
Item 3hh. ADcroDriate $56.543 to the RedeveloDment ODeratina Fund Budaets for State Educational
Revenue Auamentation Fund IERAF) Allocation. With the approval of SB 1045, the amount of
redevelopment funding to be shifted to ERAF is $135 million state-wide for FY 2003-04. In the current
fiscal year, staff set aside $76,000 in funds for ERAF in anticipation of this shift. The final estimated
impact on tax revenue for each of the three Redevelopment Areas resulted in a total of $132,543 for
ERAF for FY 2003-04. Additional funds in the amount of $56,543 will need to be appropriated from
available project area fund balances. The Agency must deposit those funds into ERAF on or before May
10,2004.
Item 3ii. Use of $300.000 in RedeveloDment. Tax Increment Funds for Administrative Costs Associated
with Economic DeveloDment Activities for FY 2003-04. In response to the massive reductions in the
vehicle license fee payments from the State to the City, the Economic and Community Development
Department developed a budget proposal to shift a portion of General Fund supported administrative
functions to redevelopment. One of the things that came out of the process of planning budget cuts was
the realization that some of the EDCD staff time spent on tax increment issues should be charged out to
redevelopment, rather than the General Fund. The Bakersfield Redevelopment Agency authorized the
use of $300,000 in tax increment funds for this purpose at the January 5, 2004 Agency meeting.
Item 3ii. Community DeveloDment Block Grant ICDBG) Action Plan Amendment No.9 IFY 2002-03) and
Amendment NO.2 IFY 2003-04). This amendment will allocate $20,955 of CDBG project savings from
FY 2002-03 for land acquisition and the construction of Station No. 5 replacement located at the White
Lane and South Union Avenue. This project will be funded over multi-years for an estimated total cost of
$1.7 million. Also included in this amendment is the expansion in the scope of the use of funds for the
acquisition and demolition program to include residential projects.
CONSENT CALENDAR HEARINGS
Item 4a. Hearina Related to ADDeal filed bv Castle and Cooke DeveloDment on Vestina Tentative Tract
MaD No. 6223 and Zone Chanae 03-1073 Located on the Northeast Corner of White Lane and South
Allen Road. Castle and Cooke Development appealed conditions adopted by the Planning Commission
related to the minimum paved width of alleys within the subdivision. These minimum standards are
required by the Fire Department in order to provide adequate protection to the homeowners. A two-week
continuance of the appeal hearing to the January 28, 2004 meeting is requested by staff so that they can
continue to meet with Castle and Cooke Development. This phase of the project will be privately gated;
however subsequent phases will be public. Staff recommends the hearing be opened and continued to
the January 28, 2004 meeting.
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 14, 2004
PAGE 5
Item 4b. Consolidated Hearino of Aooeals bv Mcintosh and Associates. on behalf of Mountain View
Bravo LLC. of Determination of Incomoleteness for the City in the Hills. and Resolution Uoholdino Staff's
Determination of Incomoleteness. These eleven (the twelfth was withdrawn) tract maps are generally
located between State Route 178 and Paladino Drive, west of Masterson Street in northeast Bakersfield
in an area commonly known as "City in the Hills." The applications were reviewed for completeness and
the applicant was notified by letter and facsimile on November 4, 2003 that the applications were
incomplete. Although all the applications shared some deficiencies in common, they each had their
individual list of defects. There is a requirement that a phasing plan be presented to the Planning
Commission prior to the submission of the first tentative map was adopted to ensure that those concerns
would be addressed before the land was divided up. In this case, the phasing plan was not submitted
to the Commission until more than two months after the applications were submitted and rejected.
Mr. Mcintosh filed an appeal, but only with respect to two issues common to all the maps: 1) the
required presentation of phasing plan to the Planning Commission and 2) dedication of Masterson Street.
The administrative report actually details sixteen pages of deficiencies. The applicant submitted a
second set of applications for review and they were again found to be incomplete. Staff recommends the
hearing be opened and continued to the May 12, 2004 meeting at the request of the appellant's legal
counsel.
CLOSED SESSION
There will be two closed session items: 1) conference with legal counsel regarding existing litigation; and
2) conference with legal counsel regarding anticipated litigation.
CONTINUATION OF REGULAR MEETING - 7:00 c.m.
WORKSHOP
There will be two workshops: 1) a brief budget update given by Alan Tandy, City Manager; and 2) a
Report on the Westside Parkway by Raul Rojas, Public Works Director.
HEARINGS
Council may also hear Consent Calendar Hearing items listed but not heard at the 5:15 portion of
the meeting.
Item 13a. Public Hearine to Consider Resolution Modifvine the Decision of the Plannine Commission
Aoorovino Tentative Tract 6230 and the Neoative Declaration. and Denvino the Aooeal of Garv & Judv
Dennv and Harry & Shirlev Rowles. On August 21, 2003, the Planning Commission adopted a
Resolution conditionally approving Vesting Tentative Tract Map 6230, which is located on the south side
of Rosedale Highway, between Jenkins and Allen Roads. Harry and Shirley Rowles and Gary and Judy
Denny filed appeals to the Commission's approval of the tract in opposition to the increased traffic and
safety hazards presented by the proposed development. Resolution to the appellant's opposition was
reached in meetings with staff, the developers and the developers engineer. As a concession for Tract
6230, it was determined that the appellants would be satisfied if Palm Ranch Street was widened to full
width and if a second street access to Jenkins Road was provided prior to recordation of the first phase
of the tract. The developer of Tract 6230 has agreed to make the street improvements to construct the
street connection between Tract 6230 and Jenkins Road at the proposed alignment of Lamond Court.
Staff recommends adoption of the resolution confirming the agreement with the appellants and the
applicant.
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 14, 2004
PAGE 6
Item 13b. Public Hearino to Consider Resolution Modifvino the Decision of the Plannino Commission
Approvino Tentative Tract 6036 and the Neoative Declaration. and Denvino the Appeal of Harrv &
Shirlev Rowles. This item was also heard On August 21, 2003 by the Planning Commission. Harry and
Shirley Rowles filed an appeal to the Planning Commission's approval of this tract for the same reasons
as listed in Item 13b. Resolution to the appellant's opposition was reached in meetings with staff, the
developers and the developer's engineer. At the meeting, it was determined that they had no issue with
Tract 6036 as it was originally submitted. As a concession, it was determined that the appellants would
be satisfied if Palm Ranch Street was widened to full width and if a second street access to Jenkins
Road was provided prior to recordation of the first phase of the tract. Staff recommends adoption of the
resolution confirming the agreement with the appellants and the applicant.
REPORTS
Item 14a. Community Services Maiority Report No. 1-04 and Minority Report No. 2-04 reoardino the
Namino of Park located at Stockdale Hiohwav and Buena Vista Road. The Community Services
Committee discussed naming of the park currently referred to as "Rio Vista Park," located on Stockdale
Highway and Buena Vista Road. This park is not like neighborhood parks, which are named by the
developer, because it is being built by the City with Park Development Fees and other revenue sources.
When completed, it will be a 32-acre park with two lakes, an amphitheater, and other park amenities.
The Kern River Parkway naming policy is interpreted as stating that the name for a park or other element
should be of historical cultural significance as it relates to the Kern River. Under these guidelines, the
name "Rio Vista" be eliminated from consideration. The Kern River Parkway Foundation proposes to
alternatives: 1) Rio San Felipe, which is the first name given to the Kern River in 1776 by Padre Garces;
and 2) Condor Park.
Councilmembers Sullivan and Benham support the idea of using "San Felipe Park" or "Condor Park."
Councilmember Sullivan would like the Council to consider the name "Rio Vista Park" and further moved
that the two lakes be given other names recommended by the Kern River Parkway Foundation.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
DECEMBER 10, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan (seated at 5:21) ,
Salvaggio
Absent:
2. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaques and gift
certificates to Gene W. Bogart, Fred Lara, Bobby O.
Mahaffey, and Estevan C. Silvas.
Mayor Hall present plaques and certificates to retirees. Mr.
Silvas, Mr. Mahaffey and Mr. Bogart made comments.
b. Presentation by Mayor Hall of Proclamation to Arin D.
Resnicke, Program Chair, 2003 AIAGE Design Awards
Program, proclaiming January 7-14, 2004, as Architectural
Awareness Week.
Mr. Resnicke made comments.
3. PUBLIC STATEMENTS
None.
4. APPOINTMENTS
a. Appointment to Fire Civil Service Board, due to the expiration
of term of Mike L. George, term expiring December 31,2003.
Motion by Vice-Mayor Couch to reappoint Mike L. George to the APPROVED
Fire Civil Service Board.
Bakersfield, California December 10, 2003 - Page 2
4.
APPOINTMENTS continued
ACTION TAKEN
b. Appointment to Miscellaneous Civil Service Board, due to the
expiration of term of Daniel L. Williams, term expiring
December 31,2003.
Motion by Vice-Mayor Couch to reappoint Daniel L. Williams to APPROVED
the Miscellaneous Civil Service Board.
c. Appointment to Police Civil Service Board, due to the
expiration of term of Steven C. Anderson, term expiring
December 31, 2003.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Anderson
Anderson
Anderson
Anderson
Anderson
Anderson
Anderson
Motion by Vice-Mayor Couch to reappoint Steven C. Anderson
to the Miscellaneous Civil Service Board.
APPROVED
d. Appointment to Kern Mosquito & Vector Control District, due
to the expiration of term of Morris C. Mahlmann, term expiring
December 31,2003.
Motion by Vice-Mayor Couch to appoint Morris C. Mahlmann to APPROVED
the Kern Mosquito & Vector Control District.
5. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the November 19, 2003.
Payments:
b. Approval of department payments from November 7, 2003 to
November 21, 2003 in the amount of $6,919,089.97 and self
insurance payments from November 7, 2003 to November 21 ,
2003 in the amount of $209,150.55.
Bakersfield, California December 10, 2003 - Page 3
5.
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
c. Adoption of Ordinance adopting the Negative Declaration and ORD 4160
amending Title 17 of the Municipal Code and Zoning Map No.
124-07 M-1 (Light Manufacturing) to MH (Mobile home) on five
acres generally located along the south side of Wilson Road,
approximately 600 feet west of Union Avenue (GPNZC 03-
0742).
d. Adoption of Ordinance adopting the Negative Declaration and ORD 4161
amending Title 17 of the Municipal Code and Zoning Map No.
102-20 from PCD (Planned Commercial Development) to C-2
(Regional Commercial) zone on 16.86 acres located at the
northwest corner of Granite Falls Drive and Coffee Road
(GPNZC 03-0774).
e. Adoption of Ordinance approving the appeal and adopting the ORD 4162
Negative Declaration and amending Section 17.06.020 otTitle
17 of the Municipal Code and Zoning Map 102-20 from a C-1
(Neighborhood Commercial) zone to a C-2 (Regional
Commercial) zone located at the southwest corner of Coffee
Road and Riverlakes Drive (ZC 03-0824).
f.
First Reading of Ordinance amending Municipal Code
Sections 1.12.010 and 1.12.040 by adding Annexation No.
442 to Ward 1 and Annexation No. 439 to Ward 4.
g.
First Reading of Ordinance amending Section 2.28.090 of the
Municipal Code relating to Appointments to Board of Zoning
Adjustment.
Bakersfield, California December 10, 2003 - Page 4
5.
CONSENT CALENDAR continued
Resolutions:
h. Assessment District No. 03-3 (Seven Oaks West III/Brighton
Place II/Fairways Oaks South):
1.
Resolution approving Boundary Map.
2.
Resolution of Intention No. 1320.
3.
Resolution accepting petition and determining to
undertake special assessment proceedings.
4.
Agreement with Wilson & Associates for assessment
engineering services.
5.
Agreement with Orrick, Herrington & Sutcliffe, Bond
Counsel for legal services.
6.
Agreement with Phillsbury Winthrop, LLP, Disclosure
Counsel for legal services.
7.
Agreement with Launer & Associates for appraisal
services.
i.
Resolution adopting the Investment Policy of the City.
j.
Resolution approving Development Plan Review for a
proposed tentative subdivision containing 352 lots for
purposes of single family development, one lot for a private
park, a retention basin on 81.10 acres zoned R-1/PUD (One
Family Dwelling-Planned Unit Development) located on the
south side of Zephyr, between Oswell Street and Sterling
Road. (Engineer - Mcintosh & Associates/Subdivider - ADH
Corporation)
k.
Resolution releasing lien recorded on real property located at
630 Kentucky Street (APN 014-270-07).
I.
Resolution determining that certain vehicles cannot be
reasonably obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with formal
bidding therefore, not to exceed $55,000.00 (two replacement
vehicles for Police Department).
ACTION TAKEN
RES 211-03
RO/1320
RES 212-03
AGR 03-349
AGR 03-350
AGR 03-351
AGR 03-352
RES 213-03
RES 214-03
RES 215-03
RES 216-03
5.
Bakersfield, California December 10,2003 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
m. Resolution confirming the approval by the Assistant to City RES 217-03
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties in the City for
which structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
n. Resolution adding territory, Area 1-25 (Stockdale, Allen NE) RES 218-03
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
o. Resolution of Intention No. 1319 to add territory, Area 5-11 ROl1319
(Oswell, Zephyr NW) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
Agreements:
p.
Agreement with Standard Middle School, a non-profit
organization, to purchase fifty (50) surplus computers and six
(6) surplus printers from the City for $1.00 each, for a total of
$56.00.
q.
Agreements to Indemnify LAFCO for the following uninhabited
territories: City Annexation No. 443, Proceeding No. 1363
located west of Jewetta Avenue, approximately 3,000 feet
north of Brimhall Road, and, at the southwest corner of
Bernard and Beale Avenue; City Annexation No. 445,
Proceeding No. 1364 located east of Gosford, north of
McCutcheon Road; City Annexation No. 446, Proceeding No.
1365 located west of Oswell Street, south of State Route 58;
City Annexation No. 448, Proceeding No. 1366 located at the
southeast corner of Coffee Road and Downing; City
Annexation No. 449, Proceeding No. 1369 generally located
south of Panama Lane, east of South Union Avenue.
AGR 03-353
AGR 03-354
AGR 03-355
AGR 03-356
AGR 03-357
AGR 03-358
Bakersfield, California December 10, 2003 - Page 6
5.
CONSENT CALENDAR continued
r. Tract Maps and Improvement Agreements:
1.
Improvement Agreement with Castle & Cooke
Commercial-CA, Inc., for Parcel Map 10938 located
west of Gosford Road and north of Harris Road.
2.
Final Map and Improvement Agreement with
California Life Style Homes, Inc., for Tract 5989
located north of Chase Avenue and east of Mesa
Marin Drive.
3.
Final Map and Improvement Agreements with LB/L-
DS Ventures Bakersfield. LLC, for Tract 5966 Unit 1
located west of Jewetta Avenue and north of
Meacham Road.
4.
Final Map and Improvement Agreements with GMAC
Model Homes Finance, Inc. and Lennar of
Bakersfield, LLC, for Tract 6156 Units 1 and 2 located
south of Pacheco Road and east of Buena Vista
Road.
s. Park Land Acquisition Agreement for property located
generally east of Akers Road and south of McKee Road.
1.
Agreement with San Joaquin Development II, CLLC,
($78,050.00) for dedication of 1.67 acres of park land
and acquisition of 2.23 acres of reserved park land.
2. Appropriate $78,050.00 Park Improvement Fund
Balance to acquire the reserved park land.
t.
Bakersfield Municipal Airport Ground Lease Agreement with
George Sturges, Jr. for purposes of constructing an aircraft
storage hangar.
u.
Reimbursement Agreement with Bakersfield Redevelopment
Agency for services relating to International Square and the
termination of the lease agreement with Union Pacific
Railroad.
v.
Agreement with Community Action Partnership of Kern (CAP
of Kern) for the purchase, rehabilitation and sale of affordable
housing units in the amount of $100,000.00.
ACTION TAKEN
AGR 03-359
AGR 03-360
AGR 03·361
AGR 03-362
AGR 03-363
AGR 03-364
AGR 03-365
AGR 03-366
AGR 03-367
AGR 03-369
DEED 6005
AGR 03-370
AGR 03-371
AGR 03-372
DEED 6006
5.
w.
x.
z.
aa.
Bakersfield, California December 10, 2003 - Page 7
CONSENT CALENDAR continued
Agreement with Jeff Ellis & Associates, Inc. for swim safety
consulting, lifeguard and swim instructor certifications, and
pool audits, not to exceed $31,500.00.
Agreementwith Action Sports to grant sole and exclusive right
to operate sporting goods retail sale operations at the Aquatic
Center and Ice Center.
y.
Amendment NO.3 to Agreement No. 00-174 ($50,000.00 for
a revised total compensation of $175,000.00) with T. W.
Collins Associates for on-call inspection services for various
construction projects.
ACTION TAKEN
AGR 03-373
AGR 03-374
AGR 00-174(3)
AGR 03-382
AGR 99-157(2)
AGR 02-019(1)
cc. Canal Liner Repairs along Carrier Canal between Golden
State Highway and Oak Street.
1. Amendment No. 1 to Agreement No. 03-028 AGR 03-028(1)
($200,000.00, for a total amount of $266,000.00) with
Jim Alfter, Cement Contractor for additional canal liner
repairs.
dd.
Amendment NO.2 to Agreement No. CM03-014 for animal
care service with the County of Kern.
Amendment NO.2 to Agreement No. 99-157 with Burlington
Northern and Santa Fe Railway Company (not to exceed
$28,800.00) for the maintenance and operation of the
Bakersfield Amtrak Station track.
bb.
Amendment NO.1 to Consultant Agreement No. 02-019 with
Carollo Engineers, $7,500.00 (for total compensation clause
not to exceed $98,800.00) for construction support and
special inspection services on the Wastewater Treatment
Plant 3 - Headworks Upgrade Project.
Contract Change Order NO.4 to Agreement No. 03-018 with
S. C. Anderson, Inc. ($85,970.46, for a revised amount of
$5,545,569.63) for the Bakersfield Ice Center Project.
Bids:
ee. Accept bid from Central Valley Truck Center ($1,706,426.87)
for six (6) replacement and three (3) additional side loading
automated refuse trucks for Solid Waste Division of Public
Works, reject all other bids. and appropriate $220,671.00
State Grant to the Equipment Management Fund.
CC0403-018
5.
Bakersfield, California December 10, 2003 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
ff. Accept bid from Gibbs International Truck Centers
($102,267.17) for one (1) additional knuckle boom trash
loader truck with dump body for Solid Waste.
gg. Accept bid from Applied Technology Group, Incorporated
($39,375.77) for Remote Station SCADA (Supervisory Control
and Data Acquisition) Radios (additional) for use in the Street
Maintenance Division of Public Works.
hh. Accept bid from Barnett Vandyne Construction, Incorporated
($466,129.30) for construction of 2800 acres well field
pipeline extension for the Water Resources Department.
ii. Martin Luther King Jr. Park Pool Rehabilitation:
1.
Accept bid to award contract to California Commercial
Pools, Inc. ($730,000.00) for Martin Luther King Jr.
Park Pool rehabilitation.
AGR 03-375
2. Transfer $175,000.00 Community Development Block
Grant (CDBG) Business Loan Funds from the
Operating Budget and appropriate $100,000.00
Southeast Project Area Fund balance to the Capital
Improvement Project Budget.
jj. Reject bid for Jefferson Park Pool Rehabilitation Project.
kk. Extend bid from Rehrig Pacific, Inc. to purchase 3,254 blue
carts for $129,126.86 for the Solid Waste Division.
II. Accept bid to award contract to Performance Electric AGR 03-376
Company ($83,469.00) for Fire Station No. 1 electrical
renovation.
mm. Award annual contract to Jim Alfter Cement Contractor, not AGR 03·377
to exceed $359,000.00 for HUD funded concrete construction.
Bakersfield, California December 10, 2003 - Page 9
5.
CONSENT CALENDAR continued
ACTION TAKEN
nn. Award consultant contracts for three (3) sewer improvement
projects to the following firms:
1. Consultant's Agreement ($123,325.00) with Meyer AGR 03-378
Civil Engineering, Inc. for design services for Allen
Road Sewer Improvements Project.
2. Consultant's Agreement ($106,000.00) with Quad AGR 03-379
Knopf, Inc. for design services for Stockdale Highway
Sewer Improvements Project.
3. Consultant's Agreement ($274,000.00) with Ruettgers AGR 03-380
& Schuler Civil Engineers for design services for Planz
Road Sewer Improvements Project.
Miscellaneous:
00. Appropriate $80,000.00 Gas Tax Fund Balance to the Capital
Improvement Budget for engineering design services and
purchase of signal equipment for the traffic signal and lighting
installation project at Brimhall Road and Windsong Street.
pp. Appropriate $261,096.00 monies COPS grant revenue to the
Police Department Operating Budget in the General Fund for
(8) eight additional police officers for the Community Oriented
Policing Services (COPS) In Schools program.
qq. Community Development Block Grant (CDBG) Action Plan
Amendment No. 8 (FY 02/03) for Jefferson Park
Improvements.
rr. Transfer the issue of park fee credit for open space in multi-
family projects with four or less units for developer required
public parkland from the Budget and Finance Committee to
the Planning and Development Committee.
Motion by Vice-Mayor Couch to approve Consent
Calendar items 5.a. through 5.rr.
APPROVED
6. WORKSHOP
a. Budget Update
Item moved to the 7:00 portion of the meeting.
Bakersfield, California December 10, 2003 - Page 10
7.
CLOSED SESSION
ACTION TAKEN
Motion by Vice-Mayor Couch to add an item to Closed Session APPROVED
that arose after the agenda was posted.
a. Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9, City v. SPCA, et al.
b. Conference with Legal Counsel - Anticipated Litigation.
Closed Session pursuant to subdivision (b)(1 )(a) of
Government Code Section 54956.9. One (1) potential case.
MotIon by Vice- Mayor Couch to adjourn to Closed Session at
5:39 p.m.
Motion by Councilmember Hanson to recess from Closed
Session at 6:48 p.m.
REGULAR MEETING - 7:00 p.m.
1. INVOCATION by Reverend Johnny R. Johnson, All Saints Episcopal
Church.
2. PLEDGE OF ALLEGIANCE by Zoee Harber, Kindergarten Student,
Country Christian School.
Mayor Hall announced item 9.b. has been cancelled and has
been removed from the agenda.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent:
None.
4. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9, City v. SPCA, et al.
b.
Conference with Legal Counsel - Anticipated Litigation.
Closed Session pursuant to subdivision (b)(1)(a) of
Government Code Section 54956.9. One (1) potential case.
APPROVED
APPROVED
HAT
HAT
Bakersfield, California December 10, 2003 - Page 11
5.
PRESENTATIONS
None.
7. PUBLIC STATEMENTS
a. Carola Rupert Enriquez issued an invitation to the community
to attend the Museum Lamplight Tours.
b. Cindy Russell spoke regarding GPAlZC 03-0745.
c. Kellie Yurosek and Justin Espinosa spoke regarding office
buildings at 24'" and Oak Streets and the impact of traffic on
adjacent residential streets.
6. WORKSHOP
a. Budget Update
City Manager Tandy gave a presentation.
Councilmember Maggard requested the City Manager provide to
Council quantified amounts after all excess has been removed
from the budget and how much of a shortfall remains.
Councilmember Benham requested workshops to deal with the
budget crisis during the next few meetings.
Recess taken from 8:48 to 9:04 p.m.
8. CONSENT CALENDAR - concluded at the 5:15 portion of the meeting.
9. HEARINGS
Motion by Vice-Mayor Couch to move item 9.f. forward to be
heard first.
f. Continued Public Hearing to consider a General Plan
Amendment/Zone Change 03-0764; McMillan Albany, LLC
has proposed a General Plan Amendment on 5+ acres
located along the northwest corner of Progress Road and
Panama Lane.
ACTION TAKEN
APPROVED
Bakersfield, California December 10, 2003 - Page 12
9.
HEARINGS continued
Item 9.f. continued
ACTION TAKEN
1. Resolution approving the Mitigated Negative RES 219-03
Declaration, upholding the Planning Commission's
disapproval of the requested LR (Low Density
Residential) and denying the appeal for a LR land use
designation.
2. Resolution adopting the Negative Declaration,
upholding the Planning Commission's disapproval of
the requested R-1 (One Family Dwelling) and denying
the appeal for an R-1 zone.
Staff comments by Development Services Director Hardisty.
Hearing re-opened at 9:04 p.m.
Harold Robertson, Porter Robertson Engineering and
Surveying, representing McMillian Albany, LLC spoke in
opposition to the staff recommendation.
Hearing closed at 9:09 p.m.
Motion by Counci/member Hanson to adopt the Resolution, APPROVED
reverse the Planning Commission's recommendation and
approve the applicant's requested land use designation, and
uphold the zone change appeal.
a. Public hearing to consider public testimony on the proposed
annexation of inhabited territory to the City of Bakersfield
called "Froelich Ranch", property identified as Annexation No.
455 located west of Allen Road, north of Palm Avenue.
In accordance with the City's Annexation Policy, 86 hearing
notices with response cards were mailed. At this time, we
have received 35 responses in support, 3 responses in
opposition, 1 response with no preference, and 4 were
returned undeliverable.
Staff comments by Assistant City Manager Alan Christensen.
Hearing opened at 9:19 p.m.
Becky Kaiser spoke in opposition to the staff recommendation.
Robert Blakemore and Neal Walker spoke in favor of the staff
recommendation.
Hearing closed at 9:28 p.m.
.~---.,--'_._--"
Bakersfield, California December 10, 2003 - Page 13
9.
HEARINGS continued
Item 9.a. continued
ACTION TAKEN
Vice-Mayor Couch requested a copy of the City Manager's
General Information Memo addressing Annexation #455 be
provided to Ms. Kaiser.
Motion by Vice-Mayor Couch to receive the testimony and APPROVED
present a Resolution of Application for approval at the January AB HANSON
14, 2003 Council Meeting.
b. Continued public hearing to consider issuance of Multi-family REMOVED
Housing Revenue Bonds (not to exceed $30,000,000.00) by
the California Statewide Communities Development Authority
(TEFRA).
Assistant City Clerk Gafford reinterated this hearing item has
been cancelled as previously announced.
c. Resolution approving the appeal and adopting the Negative RES 220-03
Declaration and approving Vesting Tentative Parcel Map No.
11001 located on the southeast corner of State Route 178
(24'h Street) and Oak Street. (Engineer - Mcintosh &
AssociateslSubdivider - Berkshire Properties, Inc.)
Staff comments by Development Services Director Hardisty.
Hearing opened at 9:38 p.m.
Roger Mcintosh, Mcintosh & Associates, representing
Berkshire Properties, spoke in favor of the staff
recommendation.
Hearing closed at 9:44 p.m.
Councilmember Hanson excused himself at 9:45 p.m.
Motion by Councilmember Benham to adopt the Resolution
approving the appeal.
APPROVED
AB HANSON
Vice-Mayor Couch assumed control of the meeting at 9:57
p.m. due to Mayor Hall's illness.
d.
Resolution upholding the decision of the Planning
Commission approving Vesting Tentative Tract Map 6234
located south of Reina Road, north of Noriega Road and west
of Old Farm Road and the Negative Declaration, denying the
appeal by the Sierra Club (Engineer - SmithTech USA,
Inc.;Property OwnerlSubdivider - Jim Gardiner).
RES 221-03
.._____L__._._".__~___.___._____..__.._____..______.__._.___.__.__~~__._ . _____.".___"___--~
Bakersfield, California December 10, 2003 - Page 14
9.
HEARINGS continued
Item 9.d. continued
ACTION TAKEN
Staff comments by Development Services Director Hardisty.
Hearing opened at 9:58 p.m.
Gordon Nipp, on behalf of the Sierra Club, James Story and
Mitchell Bolt spoke in opposition to the staff recommendation.
Bob Smith, SmithTec USA, and Mary Jane Wilson, WZI,
spoke in favor of the staff recommendation.
Hearing closed at 10:16 p.m.
Vice-Mayor Couch, speaking to Public Works Director Rojas,
stated for the record: "You'll take special attention to that
particular intersection and maybe contact the owner ofthe piece
that is A-20A and asking if they'd like to give us the property to
widen it when, if and when the time comes, for the piece to the
east that you were discussing. Because once they go to do
something with their property their going to have to do
something with it, their going to have to give us the right-of-way.
You know, let's, let's try to get it done all at once. Mr. Nipp I
hope you are successful in your, in your negotiations with the
applicant. I know, I know the applicant to be a fairly reasonable
person and I think that you ought to be able to come to some
conclusion, hopefully soon. So, I probably haven't answered
anybody's questions to their satisfaction but I've done about as
good as I can do.
Motion by Vice-Mayor Couch to uphold the Planning APPROVED
Commission's decision, approve the Negative Declaration and AS HANSON
deny the appeal.
Counci/member Maggard request a workshop regarding the
adequacy of the process in commissioning environmental
studies and that Gordon Nipp be invited to attend.
Bakersfield, California December 10, 2003 - Page 15
9.
HEARINGS continued
ACTION TAKEN
e. Continued public hearing to consider Resolution upholding the RES 222-03
decision of the Planning Commission approving Vesting
Tentative Tract Map 6191 and the Negative Declaration,
denying the appeal by the Sierra Club (Ralph W. Miller,
Trustee: Steve Blumer, Developer) located on the south side
of Paladino Drive, west of Morning Drive.
Staff comments by Development Services Director Hardisty.
Hearing opened at 10:36 p.m.
Gordon Nipp on behalf of the Sierra Club spoke in opposition
to the staff recommendation.
Steve Blumer spoke in support of the staff recommendation.
Hearing closed at 10:40 p.m.
Councilmember Maggard noted for the record the City requests
the following amenities be made available in new northeast
housing:
· offering of photovoltaic panels
· installation of gas outlets in the rear and electrical outlets
front and rear
· homes with bluff exposure lots include setbacks and
fencing that does not interfere with the view
Motion by Councilmember Maggard to adopt the Resolution, APPROVED
approve the Negative Declaration and deny the appeal. AS HANSON
g. Public Hearing to consider Mill Creek Project
1.
Resolution approving the Mill Creek Project,
associated negative declaration, and a common use
agreement with Kern Delta Water District.
RES 223-03
2.
Resolution approving the Application for Grant Funds
for the Urban Park Act of 2001 Program under the
California Clean Water, Clean Air, Safe Neighborhood
Parks and Coastal Protection Act of 2002 for the Mill
Creek Project.
RES 224-03
3.
Common Use Agreement with Kern Delta Water
District for use of Kern Island Canal
AGR 03-381
Bakersfield, California December 10, 2003 - Page 16
9.
HEARINGS continued
Item 9.g. continued
ACTION TAKEN
Staff comments and presentation by Principal Planner David
Lyman.
Correspondence was received from the law office of Graham,
Beige and Cisnaros on behalf of HW Lakeshore Pines Joint
Venture, owner of the property at 1400 Q Street.
Hearing opened at 10:50 p.m.
Dave Cross on behalf of HW Lakeshore Pines Joint Venture,
spoke in opposition to the staff recommendation.
Hearing closed at 10:56 p.m.
City Attorney Ginny Gennaro stated for the record, "There was
a letter done in response by the Planning Department and it
should be in your packet. It is dated Dec. 1, 2003 and I think it
addresses all of Mr. Cross' concerns."
Motion by Councilmember Benham to adopt the Resolutions and APPROVED
Common Use Agreement. AS HANSON
9. REPORTS
None.
10. DEFERRED BUSINESS
None.
11. NEW BUSINESS
None.
12. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff facilitate removal of an
long-term inoperable vehicle in the Westchester area and
provided location information to staff.
Councilmember Benham thanked staff for their hard work, particularly
in addressing budget challenges.
Councilmember Benham encouraged community members to enjoy
the new exhibit at the Bakersfield Museum of Art. 'Lightness of
Being', and the opening of the Bakersfield Ice Sports Center on
Saturday, December 13.
Bakersfield, California December 10, 2003 - Page 17
13.
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Benham extended Holiday wishes for a safe,
peaceful, joyous Season.
Councilmember Carson requested staff investigate slowing
traffic in the crosswalk area between T and P Streets at McKinley
School.
Councilmember Carson expressed hope that a settlement can be
reached in the grocery store strike.
CouncilmemberCarson asked for clarification on Proposition 43.
Councilmember Carson extended Holiday wishes to all.
Councilmember Maggard expressed confidence that budgetary
issues will be resolved.
Council member Maggard extended Holiday wishes to all.
Councilmember Sullivan requested staff investigate placement
of three metal signs along the bike path and remove them if
warranted.
Council member Sullivan made comments regarding the Christmas
Parade.
Councilmember Sullivan extended Seasons Greetings to the
community.
Vice-Mayor Couch thanked staff for expediting installation of the
traffic signal at Wind song and Brimhall.
Vice-Mayor Couch encouraged staff to persevere in dealing with the
budget crisis.
Vice-Mayor Couch thanked Alan Christensen, Marc Gauthier, Darnell
Haynes, Bryan Lynn and Ted Wright for smoothly facilitating the
annexation process regarding Annexation #455.
Vice-Mayor Couch extended Holiday wishes to all.
ACTION TAKEN
Bakersfield, California December 10, 2003 - Page 18
14.
ADJOURNMENT
Vice-Mayor Couch adjourned the meeting at 11:16 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ACTION TAKEN
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: J. IL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAI1 ./
CITY ATTORNEY
CITY MANAGER &~
Pamela McCarthy, City Clerk
December 30, 2003
SUBJECT: Approval of minutes of the December 10, 2003 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
S:\Council\admins\2003\DEC 10 2003.00T
kt
ADMINISTRATIVE REPORT
MEETING DATE: January 15, 2004
AGENDA ~ECTION: Consent Calendar
ITEM: .8. O.
TO:
FROM:
DATE:
Honorable Mayor and City Council
AlOVED
DEPARTMENTHEAD/'V) ~
CITY ATTORNEYJ2
CITY MANAGER
Gregory J. Klimko, Finance Director
January 5, 2003
SUBJECT: Approval of department payments from November 22, 2003 to December 31, 2003 in the
amount of $21,507,713.58 and self insurance payments from November 22, 2003 to
December 31,2003 in the amount of $470,901.75.
RECOMMENDATION:
Staff recommends approval of payments totaling $21,978,615.33
BACKGROUND:
klg
January 5, 2004. 8:50AM
S:IKimGIForms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent
ITEM:.; .c...
TO: Honorable Mayor and City Council
FROM:
DATE:
Development Services - Planning
DEPARTMENT HEA
CITY MANAGER
December 30, 2003
SUBJECT: Zone Chanae 03-0764 (Ward 5)
Zone change from C-1 (Neighborhood Commercial) to R-1 (One-Family Dwelling) on 5± acres
located along the northwest corner of Progress Road and Panama Lane.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and
Zoning Map No. 123-20 from C-1 to R-1.
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
The Planning Commission recommended disapproval of General Plan AmendmenVZone
Change 03-0764 on October 2, 2003. Applicant appealed the Commission's decision. The
appeal was heard by the City Council on December 10, 2003. At such hearing, the Council
reversed the Commission's recommendation, approving the requested GPA, changing the land
use designation from GC (General Commercial) to LR (Low Density Residential) and upholding
the zone change appeal from C-1 to R-1.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared
and posted on August 4, 2003.
RED
AdminljanI1-14-0764
. _..,..._~_._...._,~__",...."._. "..___·v.....__._____.._.____.
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. d.
TO:
FROM:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 5, 2004
APPROVED
DATE:
CITY ATTORNEY
CITY MANAGER
,~
cJZõ?
DEPARTMENT HEAD
SUBJECT: An Ordinance Amending Section 10.69.030 of the Bakersfield Municipal Code Relating
to Special Events Application--Issuance-Fee
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of the Ordinance.
BACKGROUND:
At its meeting of December 15, 2003, the Legislative and Litigation Committee reviewed a staff
proposal to amend Bakersfield Municipal Code Section 10.69.030.(A) which relates to special events.
After discussion, the Legislative and Litigation Committee felt the request to extend the submission of
the Special Events Application time frame to one year was justified. Consequently, the recommendation
being made is to accept applications for permits under Section 10.69.030 (A) no less than ten days
prior to the event nor more than one year prior to the event (instead of the current ninety day limitation).
The Legislative and Litigation Committee recommends the amendment of Bakersfield Municipal Code
Section 10.69.030 (A) to reflect the one year extension for submission of applications.
January 5.2004, 2:15PM
P:\L&LlAdmin ReportsIADM04-01-14-SpeciaIEventsAppllcations.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent
ITEM: ð. e.
TO: Honorable Mayor and City Council
FROM:
DATE:
Development Services - Planning
DEPARTMENT HE
CITY MANAG R
January 5, 2004
SUBJECT: An ordinance amending the Bakersfield Municipal code Sections § 1.12.010, 1.12.040 and
1.12.070 by adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7.
(Wards ,4 and 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexation 441 into Ward 4 and
Annexation 444 into Ward 7. The annexations were recently complete.
Annexation No. 441 is located west of Allen Road, north of Noriega Road, generally south of Reina
Road and consists of 89 acres. The property owner consented to annex the site.
Annexation No. 444 is located north of Hosking Avenue, generally west of South Union Avenue
and consists of 20 acres. Again, the property owner consented to annex the site.
MO:pjt
Admin~an\ 1-14-439-444
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent
ITEM: ~. f.
TO: Honorable Mayor and City Council
FROM:
Development Services - Planning
DEPARTMENT HEA
CITY MANAGER
DATE:
January 5, 2004
SUBJECT: An ordinance amending the Bakersfield Municipal Code Sections § 1.12.010 and
1.12.040 by adding Annexation No. 442 to Ward 1 and Annexation No. 439 to Ward 4.
(Wards 1 and 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of this ordinance on December 10, 2003.
This ordinance amends the ward boundaries to include Annexation Nos. 439 and 442 areas
into the corresponding Council Ward. The annexations were approved by LAFCO and
completed recently.
Annexation No. 439 is located west of Allen Road and south of Kratzmeyer Road. The area
consists of 80 acres.
Annexation No. 442 is located east of Oswell Street, south of Zephyr Lane and south of State
Highway 58. The site consists of 80 acres.
MO:pjt
Admin~an \1-14-442&439
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: .3. IA.
U
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
¿/{;.-
ñlJZ.::,
DATE:
November 21, 2003
SUBJECT: An ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to
Board of Zoning Adjustment.
RECOMMENDATION:
Staff recommends adoption of the ordinance. (First reading December 10, 2003).
BACKGROUND:
Currently, the members of the Board of Zoning Adjustment (BZA) are appointed by the City Council
and serve three-year terms which are staggered. The members are designated positions from the Public
Works, Building and Economic and Community Deveiopment departments. Because of the three-year
terms, every year, a member must be appointed or reappointed. This ordinance streamlines the process
since the same positions are designated each time and provides that the Public Works Director, the
Building Director and the Economic Development Director are designated as the BZA members. Whoever
holds those positions sits on the BZA until they no longer hold the position. Therefore, the City Council
need never appoint or reappoint members. In the event that the City Council desires to change the
membership of the BZA, the ordinance can be amended to do so.
Additionally, the ordinance sets forth that the aiternate members of the BZA will be the Assistant
Public Works Director, the Assistant Building Director and the Principal Planner assigned to Economic
Development. If more than one Principal Planner is assigned to Economic Development, the City
Manager will designate the alternate.
November 25, 2003, 4:35PM
S:\COUNCIL\Admins\2.28.090bzamembershipamd2ndread.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent
ITEM: :'J. tr.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
PPROVED
December 19, 2003
!If}
~
SUBJECT: An Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map Nos. 101-36, 122-01, and 123-06 to change the zoning from R-1
(One Family Dwelling) to R-3 (Limited Multiple-Family Dwelling) on 20.56 acres located at
the northwest corner of Stockdale Highway and Jewetta Avenue and R-3 (Limited Multiple-
Family Dwelling) to CoO (Professional and Administrative Office) on 23.94 acres located at
the southeast corner of Stockdale Highway and Buena Vista Road (ZC 03-0745). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 19, 2003. The
requested zone change (ZC 03-0745) was proposed in conjunction with GPA 03-0745, which the
City Council adopted on November 19, 2003. The City Council also adopted Conditions of
Approval which are provided in Exhibit C of the Ordinance.
This Ordinance reflects the general plan amendment in the zoning ordinance.
we
Admin~an\ 1-14-07 45
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ,3. L.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /ð ¿
CITY ATTORNEY J2Jn4.
CITY MANAGER~
Raul M. Rojas, Public Works Director
DATE:
December 22, 2003
SUBJECT:
Assessment District No. 98-1, (Brimhall
Industrial): Resolution Ordering Change
Improvement Work. (Ward 4)
IVIStockdale Highway CommerciallGosford
of Proceedings to Authorize Additional
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Castle & Cooke has requested that an additional project be added to Assessment
District 98-1. The improvements would include a sump and storm drain for the Gosford Village Area.
These area improvements would benefit the property owners within this existing Assessment District. The
cost of these improvements would be funded by the unused district funds and interest available in
Assessment District 98-1.
This resolution orders the change of proceedings and authorizes additional work to begin. The Finance
Director of the City advises that there are funds remaining in the Improvement fund for Assessment
District No. 98-1. in an amount sufficient to pay the estimated cost and expense of $435,575 for the
additional improvement work.
Oecember 22,2003. 4:12PM
G:\GROUPDA nADMINRPT\2004\01-14\AD98-1 addimp.dot
jas
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~, i.
u
TO:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
w:~
¿/(§-
~
,
FROM:
Ron Fraze, Fire Chief
DEPARTMENT HEAD
DATE:
December 2, 2004
CITY ATTORNEY
SUBJECT:
Repair and replacement of fire station overhead doors
1. Resolution determining that certain equipment can only be reasonably obtained from
one vendor, Robert B. Moss, Jr. Architectural Specialties, and authorizing the Finance
Director to dispense with bidding not to exceed $78,000. (Fire station apparatus
overhead doors repair and replacement)
2. Contract with Robert B. Moss, Jr. Architectural Specialties for repair and repiacement of
fire station overhead doors not to exceed $78,000.
RECOMMENDATION: Staff recommends adoption of resolution and approval of contract.
,
BACKGROUND: The major portion of this contract, $65,000, is for replacing Station 1 overhead doors
and operators, to be completed in conjunction with the Fire Station 1 rewiring project approved by Council
at the December 10, 2003 Council meeting. .
The remaining funds, $13,000, are for ongoing repairs of the fire station overhead doors city-wide. It is
imperative apparatus doors be reliable and can be repaired within hours. Having standard overhead
doors from the same manufacturer for our fire stations allows for efficiencies in parts availability and
repairs.
,
January 7. 2004, 11:47AM
S:\SUSAN\Admin Report Word\Moss 2003.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: .~. It
TO:
FROM:
Honorable Mayor and City Council
~OVED
DEPARTMENT HEAD '
CITY ATTORNEY ~'\-
'-./
CITY MANAGER ó1J::,
Raul M. Rojas, Public Works Director
DATE:
December 1, 2003
SUBJECT: Resolution authorizing the Finance Director to dispense with usual bidding procedures
and to purchase Harris Microwave Equipment for various radio communications sites,
not to exceed $200,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City Radio Communications Systems used by Police, Fire and Public Works
utilizes microwave equipment for conductivity between the Police Building, North Repeater fixed two-
way radio site, and the Panorama fixed two-way radio site. The Microwave system also carries
hundreds of City telephone circuits and computer data from the Information Technology Division. The
existing microwave equipment has been out of production for twelve years and new parts are
unavailable. The existing microwave equipment failure rate is very high, rendering the City radio
systems inoperative and interruption of telephone/data service during outages. Without the new
equipment, the communications systems will continue to have interruptions in service. Replacement of
the obsolete microwave equipment is needed to restore reliability to the City telephone/data systems.
The Communications Division has been phasing in new Harris digital microwave equipment for four
years. The microwave systems technologies are proprietary. For integrated compatibility, the new
systems must support Harris diagnostics and digital format. The microwave diagnostics are built into
the existing Harris system and would not be necessary. The cost of maintenance, training and
equipment diagnostics from another manufacturer and would be an additional cost of $80,000 to
$100,000.
The replacement of the sixteen year old analog microwave equipment located at the Panorama
Repeater Site with the new hot standby digital equipment will virtually reduce microwave failures to
zero. The new microwave system will upgrade the communication infrastructure to the City's two-way
radio systems, providing higher speed data capability. The new digital microwave will also allow an
additional wireless data channel to be added to the Police Mobile Data Computer System increasing
wide area coverage and system capacity.
Telecom_LD
December 2,2003, 3:16PM
G:\GROUPOA1\ADMINRPT12004\01-14\Harrís Admin 2004- Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14,2004
AGENDA SECTION: Consent Calendar
ITEM: 3. I.
TO: Honorable Mayor and City Council
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: December 30, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mobile Decontamination System
1. Resolution determining that certain equipment can only be reasonably obtained from
one vendor, Modec, Inc., and authorizing the Finance Director to dispense with bidding
not to exceed $78,000.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The Fire Department has determined the need for a mobile decontamination system
that can be used to decontaminate first responders and victims which have been expOS'ed to conventional.
chemical, biological or nuclear weapons. This system is contained in a 24 foot trailer that can be pulled by
Fire Department vehicles. This is a sole source purchase as this system is unique.
The trailer will be purchased with Federal grant funds, the Metropolitan Medical Response System grant.
January 7, 2004, 11 :3SAM
S:\SUSANlAdmin Report Word\mass decon trailer, doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGEND~ SECTION: Consent:
ITEM: ~, n\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
DEPARTMENT
PROVED
December 19, 2003
CITY MANAGER
SUBJECT: A Resolution of Application proposing proceedings for annexation of inhabited territory to
the City of Bakersfield property identified as Annexation No. 455 located west of Allen
Road, north of Palm Avenue. (Ward 4).
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The City Council conducted a public hearing for this annexation on December 10, 2003, in
accordance with the City of Bakersfield annexation policy. At the public hearing held
December 10, 2003, the only property owners within the annexation area were positive and in
agreement to annex the neighborhood.
The resolution of appiication proposes proceedings for annexation of inhabited territory,
identified as Annexation No. 455 to the City of Bakersfield. The proposed annexation consists
of approximately 40 acres of inhabited land located west of Allen Road, north of Palm Avenue.
The next steps of this annexation would be the submission of the application to LAFCO for
processing. LAFCO will send a copy of the appiication for review by responsible agencies,
then the property tax negotiation process and assessor's office to gather owner information for
LAFCO. Then LAFCO will conduct their hearing on the annexation. LAFCO will take about six
months to process the annexation.
MO:pj!
AdminljanI1-14-455
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGEND~ SECTION: Consent
ITEM: ."'>. n.
TO:
FROM:
Honorable Mayor and City Council
.~
DEPARTMENT HE~D~
CITY ATTORNE,i !/t
CITY MANAGER cfl¿jj
Development Services - Planning
DATE:
December 19, 2003
SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 45110cated along the north
west side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive.
(Wards 4)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 451 to the City of Bakersfield. The proposed annexation consists
of approximately 58 acres of uninhabited land located along the north side of Snow Road, east
of the Friant-Kern Canal.
The property owner of the annexation territory has consented to annexation. The owner
wishes to develop in the city and receive city services.
MO:pjt
p:adminlianI1-12-440
,_ "___._ ~__ ~._^.._ _"._.______~_'>O._..___...,"_,
ADMINISTRATIVE REPORT
MEETING DATE: January 14. 2004
AGENDA SECTION
ITEM: _~ 1'1.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
APPROVED
;p~
DATE:
December 23, 2003
CITY ATTORNEYry
-J
CITY MANAGER ólúS
SUBJECT: Resolution approving the application for grant funds for the 2004-2005 Environmental
Enhancement and Mitigation Program for the following four projects:
1. East California Avenue Streetscape (Phase I) Installation of median island
landscape and hardscape from Union Avenue to King Street (Ward 1 & 2).
2. New Stine Road Landscape Barrier Installation of parkway landscaping from
Sundale Avenue to Demaret Avenue (Ward 5).
3. Rio Vista Park -Water Recharge/Recreational Facility Buffer Installation of
parkway landscaping on east side of Jewetta Avenue adjacent to park site (Ward 4).
4. Ming Avenue Median Enhancement Installation of median island landscape and
hardscape from New Stine Road to SR 99 (Ward 6)
RECOMMENDATION: Staff recommends adoption of the resolution
BACKGROUND: The Legislature of the State of California has enacted AS 471, which is intended to
provide $10 million annually, for a period of ten years, for grant funds to local, state, and federal agencies
and non-profit entities for projects to enhance and mitigate the environmental impacts of modified or new
public transportation facilities. This grant program is known as the Environmental Enhancement and
Mitigation (EEM) Program.
The State of California Resource Agency has established the procedures and criteria for reviewing EEM
grant proposals and is required to submit to the California Transportation Commission (CTC) a list of
recommended projects from which grant recipients will be selected. These procedures and criteria require
a resolution certifying the approval of the application by the applicant's governing body. Further, this
resolution commits the applicant, if selected, to entering into an agreement with the State of California to
carry out the Environmental Enhancement and Mitigation project and fund the remaining portion of the
project from other applicant sources. The Resources Agency will transmit its recommendations to the CTC
by April 15, 2004. It is anticipated that the CTC will consider recommended projects for funding at the July
2004 meeting. Each successful applicant must execute an "Applicant-State Agreement" with Caltrans
within 90 calendar days from issuance of the agreement.
Currently two projects are fully funded if the City receives the EEM grant. However, staff has not been able
to identify the additional funding sources for the $677,800 needed to complete the other two projects, and
this will have an effect on the scoring of those projects (project applications that show other dedicated
December 23, 2003, 9:36AM
G:\GROUPDA TlAOMINRPT\2004'O t-t4\EEM Grant Resolution 2004_05.doc
ADMINISTRATIVE REPORT
sources of funding score higher). Should any of the unfunded projects be selected by the Resource
Agency for EEM funding, then the City would need to identify and budget the additional needed funds to
complete the selected project(s) in a future fiscal year. The EEM program requires that the EEM funds be
expended within three years from the date of allocation by the CTC. Should the additional needed funds
not become available to complete the project within this time frame, then the EEM funds would revert back
to the State.
The estimated project costs and funding requirements are as follows:
Total Project EEM Grant Source of funds and unfunded
Cost Requested from other sources
East California Streetscape Phase I $373,000 $144,000 $229,000 CDBG Funded
New Stine Road Landscape Barrier $256,967 $199,078 $ 57,889 Gas Tax Funded
Rio Vista Park - Water Recharge/ $189,000 $102,000 $ 87,000 Unfunded
Recreational Facility Buffer
Ming Avenue Median Enhancement $740,800 $150,000 $590,800 Unfunded
Totals $1,597,767 $595,078 $677,800 Unfunded
Oecember 23. 2003. 9:36AM
G:\GROUPDA MDMINRPT\2004'0 '-14'EEM Grant Resolution 2004_05.doc
,_,,,c.,_..·._"·_._·~.._.,,_.__· _,.,.<__. _'w____..-'
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ". p.
o
TO:
FROM:
Honorable Mayor and City Council
APPROVED
CITY ATTORNEY
CITY MANAGER ó7vs
DATE:
Raul M. Rojas. Public Works Director
December 11, 2003
DEPARTMENT HEAD
SUBJECT: Resolution adding territory, Area 5-11 (Oswell, Zephyr NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 10,2003 the Council adopted Resolution of Intention No. 1319 to add
territory. Area 5-11 (Oswell, Zephyr NW), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Tentative Tract No. 6132. Area 5-11 is generally
bounded by a line 1000 feet north of Zephyr Lane on the north, Oswell Street on the east, Zephyr Lane on
the south and a line 330 feet west of Workman Street on the west. This area will be under the park and
streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street
landscaping have been installed
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
Lvd
November 20,2003, 5:28PM
G:\GROUPOA T\ADMINRPT\2004\MD5-11 Est04.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: 3. a.
U
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 11 , 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1321 to add territory, Area 1-41 (Stockdale, Renfro NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No.
6144 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
median and street landscaping. Area 1-41 is generally bounded by a line 660 feet north of Stockdale
Highway on the north, Renfro Road on the east, Stockdale Highway on the south and a line 1/4 mile west
of Renfro Road on the west. This area will be under the streetscape zone of benefit and will be assigned
an appropriate tier level when 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.
Lvd
December 8. 2003. 1 :56PM
G:\GROUPDATlADMINRPT\2004\01-14\MD1_41 Ri04.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: .5. r,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY J3/J'tt
.
Raul M. Rojas, Public Works Director
December 11, 2003
CITY MANAGER óZJs
SUBJECT: Resolution of Intention No. 1322 to add territory, Area 2-26 (Stockdale, Real) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of the
property at 3501 Stockdale Highway (Parcel Merger 02-0585) 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 median and street landscaping.
Area 2-26 is generally bounded by Stockdale Highway on the north, a line 660 feet east of Real Road on
the east, Highway 58 on the south and Real Road on the west. This area will be under the streetscape
zone of benefit and will be assigned an appropriate tier level when 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.
Lvd
December 12, 2003, 10:01AM
G:\GROUPOA TìAOMI NRPTl2004\01-14\M02-26Ri04.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: 0.6.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas. Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER~
DATE:
December 29, 2003
SUBJECT: Mohawk Planned Sewer Area (Ward 2 and County)
1. Resolution of Intention No. 1323 to establish the Mohawk Planned Sewer Area and
preliminarily approving the boundaries of the area and the cost and fee schedule.
2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the
Bakersfield Municipal Code relating to Sewer Facilities. (First Reading)
RECOMMENDATION:
the ordinance.
Staff recommends approval of the Resolution of Intention and first reading of
BACKGROUND: The city has constructed a sewer trunkline northerly of the Kern River from a point
east of Coffee Road to Highway 99 to serve an area generally bounded by the Calloway Canal on the
north, Highway 99 on the east, the Cross Valley Canal/Kern River on the south and the Friant Kern
Canal/Coffee Road on the west. Sewer Enterprise funds were used to front the cost of this project. These
funds will be reimbursed as new developments and existing parcels within the area connect to the sewer
trunkline.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
This ordinance adds the Mohawk Planned Sewer Area to the list of Sewer Areas for which developers and
property owners are charged at time of development or connection to pay the cost of constructing the
sewer facilities.
Ivd
December 29, 2003. 1 0:54AM
G:\GROUPDA TlAOMI NRPT\2004\01-14\MohawkIPSAroi. DOC
___ ._.H.._______.__.___~"___
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ,3,;;.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
December 15, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 1.
Agreement with DW. Sivers for Sale of Real Property Located North of 13
and east of "N" Street. (Ward 2)
2. Joint Use Parking Agreement with DW. Sivers for Shared Parking of Certain City-
Owned Parking Lots and Commercial Development Parking Lot. (Ward 2)
RECOMMENDATION:
Staff recommends approval of agreements.
BACKGROUND: Throughout 2002, DW. Sivers Company ("Sivers") has been purchasing real
property in the area of the north side of California Avenue between "N" and "P"/ "Q" Streets. Sivers
intends to construct a large commercial project in that area. This first phase is between "N" and "P"/"Q"
Streets. The project would consist of one 16-screen stadium-style motion picture theater, several retail
shops, and one or two restaurants.
This project has many advantages to the City. It will create jobs in the Enterprise Zone and Southeast
Bakersfield Redevelopment Project Area. It will enhance the City's General Fund tax base. It will
enhance the Southeast Bakersfield Redevelopment Project Area tax base. It will expand the area of
redevelopment. It will bring greater awareness and more users to the McMurtrey and Ice Sports complex,
and it will add to the character and dynamic of our previous efforts with the Holiday Inn, Centennial
Garden Arena, Amtrak Station, McMurtrey Aquatics Center, and Bakersfield Ice Sports Center.
Sivers has acquired the necessary parcels for the development, and desires to acquire a part of a City-
owned block between "N" and "0" and 13'h and 14'h Streets, as well as an area north of 13'h Street by the
Ice Sports Center. A portion of the property is currently used for parking for Centennial Garden Arena and
the Convention Center.
As consideration for the property, the City will receive the benefit of the increase in real property and sales
taxes. We have calculations showing that over a twenty year period, benefits to the City and
Redevelopment Agency will be $5.5 million. It is also estimated that 75 jobs will be created. Currently,
most of the property on which the development will sit is vacant. The proposed development is estimated
to be worth $27 million dollars after completion and rent up. The agreement requires the development be
completed by December 2005 and be appraised for at least that much. If Sivers fails to comply with those
December 22,2003. 11:07AM
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AT:.I
Page 1
ADMINISTRATIVE REPORT
terms, the property will revert back to the City, regardless of whether improvements have been
constructed on the property or not.
Recently, the City constructed the Bakersfield Ice Sports Center and is in the process of constructing the
McMurtrey Aquatics Center. Those facilities may require additional parking. Sivers commercial
development will be located directly south of those facilities. The Joint Use Parking Agreement assures
that Sivers' patrons can use City's parking facilities on non-Arena event days and non-Aquatics center
event days. Sivers pledges that he will make his parking facilities available to users of Centennial Garden
Arena, the Convention Center, the Ice Center and Aquatics Center.
Oecember 22, 2003, 11 :07AM
S:\Admin Rpts\2004\Sivers Pkng 01 1404.dot
AT:al
Page 2
__.___"__H____~·_.,_._'___-H
t@, ADMINISTRATIVE REPORT
1/./ r-'jf~
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.l,L..
TO:
Honorable Mayor and City Council
~
DEPARTMENT HEAD~
CITY ATTORNEY vt;;
CITY MANAGER cf2JS
FROM:
Donna L. Kunz, Economic Development Director
DATE:
January 6, 2004
SUBJECT: Assistance League of Bakersfield: (WARD 2)
1) Appropriate $50,000 U.S. Environmental Protection Agency, Brownfield Revolving Loan
Program Funds to the Old Town Kern Operating Budget to address environmental cleanup
issues associated with a commercial building located at 1924 "Q" Street.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Last year, the Agency received a $1 million grant from the U.S. Environmental Protection Agency (EPA) to
establish a revolving loan fund to provide assistance to property owners to address hazardous materials
and environmental cleanup issues associated with their properties. The primary purpose of the grant was
to assist private property owners in overcoming economic barriers to reuse, rehabilitation and
redevelopment of their properties. Of the $1 million grant award, up to 10% ($100,000) was earmarked to
provide sub-grants, which do not need to be repaid to the Agency. EPA has approved our work plan
which estimates $50,000 of sub-grant funds would be expended during the first year and the balance of
$50.000 in the second year.
We have received a grant request from the Assistance League in the amount of $50,000 to be used to
cleanup identified environmental and hazardous materials at 1924 "Q" Street. This is property that the
Assistance League intends to acquire and occupy in the near future as part of the property exchange with
Mr. Sivers.
Several compliance issues will be required of the Assistance League as a condition of receiving the EPA
subgrant funds. They are as follows:
Subgrant recipients must document how the funds are used and must maintain records for a
minimum of three years following completion of the cleanup. Records must be accessible to the
Agency and/or the EPA upon request.
Subgrant recipients must certify that they are not currently, nor have they been, subject to any
penalties resulting from environmental non-compliance at the site subject to the funds. The
S:lAdmins\City Councj \Assist League Approp.doc
1/6/20048:46 AM
. -. -~---,~.."..__..,--~--
ADMINISTRATIVE REPORT Page 2
Assistance League will be acquiring this site just prior to the cleanup activities and should not be
impacted by this certification requirement.
Subgrant recipients shali conduct cleanup activities as required by the Agency and must comply
with the applicable EPA assistance regulations (40 CFR Part 30 for nonprofit organizations). AIi
procurements conducted with subgrant funds must comply with 40 CFR Part 30.40-30.48.
Cleanup contracts paid for with EPA funds must comply with Davis Bacon rules.
Subgrant recipients must comply with ali applicabie Federal and State laws and requirements.
Subgrant recipients are required to use fund promptly for costs incurred in connection with the
cleanup and any interest accumulated on the disbursement shali be applied to the cleanup.
Documentation of the actual cleanup costs must be provided by the Assistance League. Should
the amount of the subgrant exceed the cost of the cleanup, the difference shall be returned to the
Agency. Should the cost of the cleanup exceed the amount of the subgrant, the difference shali be
borne by the Assistance League.
The disbursement of the subgrant wili be subject to the successful acquisition of 1924 "Q" Street by the
Assistance League. The cleanup funds are required for the successful reuse of a vacant building in the
Old Town Kern-Pioneer Redevelopment Project Area. Redevelopment and reuse of this building meets
the key objectives of the Redevelopment Plan and the EPA grant objectives. The funds will be released to
the Assistance League concurrent with the close of escrow of the 1924 "Q" Street property, documentation
of the cleanup contract and in conjunction with the execution of the required Agency subgrant agreement
and compliance documents. The appropriation of funds from the EPA program for this request will be
considered at the January 14th City Council meeting. Staff requests authorization to approve the aliocation
of funds for the Assistance League and execute the required agreement and related documents between
the Redevelopment Agency and the Assistance League.
The Bakersfield Redevelopment Agency approved the aliocation and authorization of the Executive
Director or his designee to execute the required agreement and related documents between the
Redevelopment Agency and the Assistance League at their January 5, 2004 meeting.
S:\Admins\City Council\Assist League Approp.doc
1/6/20048:46 AM
- "--...-... ,-~... . ......_._-~~--
~~,..._---,-,-,.._.._..._-_._"'--_.-
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: .3.1/.
TO:
FROM:
Honorable Mayor and City Council
Alan Tandy, City Manager
APPROVED
CITY MANAGER
DEPARTMENT HEAD
DATE:
December 15, 2003
CITY ATTORNEY
SUBJECT: Amendment No.2 to Agreement No. 02-338 with Assistance League of Bakersfield.
(Ward 2)
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
In 2002, the City and Assistance League of Bakersfield ("League") agreed to swap parcels of real
property. League owned a parking lot the City needed for the Aquatics Center/lce Rink Project. The City
was in the process of negotiating the purchase of property which would replace the League's parking lot.
The agreement obligated the City, at City's expense, to construct a lighted parking lot on the newly-
acquired parcel.
The League has since negotiated to sell all of its holdings and relocate to "Q" Street. Therefore,
the League does not need the parking lot constructed. However, the League will require funds to
effectuate the relocation to its new location and has agreed to accept the cash equivalent of the fair value
of construction of the parking lot -- $36,000.
This amendment allows for such payment to be paid into an escrow account within thirty days of
execution of the amendment. In the event the Assistance League does not relocate, the City would get its
money back and would still be obligated to construct the lot.
January 6. 2004, 4:54PM
S:\COUNCll\Admins\a-Ieagueamd2.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: .;>¡.W.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ~
.
CITY ATTORNEY ¡{k)""'--
~.~
CITY MANAGER ~
December 24, 2003
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map with McMillin San Trope, LLC for Tract 6019 Phase 2 located south of Olive
Drive and west of Riverlakes Drive. (Ward 4)
(2) Final Map with ADH Corporation for Tract 6140 Phase 2 located south of State Route 58
and east of Oswell Street. (Ward 1)
(3) Final Map and Improvement Agreements with D. N. B. Development Corp., for Tract 6006
Phase 2 located east of Wible Road and north of McKee Road. (Ward 7)
(4) Final Map and Improvement Agreements with F S I Developers, LLC, for Tract 6066 Units 3
and 4 located south of Berkshire Road and west of Akers Road. (Ward 7)
(5) Finai Map and Improvement Agreements with Eagle Meadows of Bakersfield, I, CA., LLC,
for Tract 6187 located east of Buena Vista Road and north of Pacheco Road. (Ward 5)
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.
td
December 29,2003. 2:34PM
G:\GROUPDAnADMINRPT\2004\01-14\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. J(.
TO:
Honorable Mayor and City Council
~PROVED
DEPARTMENT HEAD If _
CITY ATTORNEY ~r
~
CITY MANAGER @1S
SUBJECT: Consultant Agreements with Mcintosh & Associates ($300,000) and Quad Knopf
($450,000) to provide "on-call" construction inspection services for Capital
Improvement Program and Development projects. (All Wards)
FROM:
Raul M. Rojas, Public Works Director
DATE:
November 21,2003
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND: To expedite the delivery of the Capital Improvement Program (CIP) and to
supplement the increased demand for inspections related to development and subdivisions, staff
implemented an "on-call" inspection program in 1996. This program augments current Construction
Division staff by providing contract inspection services as needed for various City inspection
demands. The program has proven to be very effective in maintaining staffing to provide timely
response of the City's inspection responsibilities. These agreements will allow these programs to
continue and are for construction inspection services for calendar years 2004 and 2005.
In October, 2003 staff sent a Request for Proposals to local engineering firms. On November 13, the
following four firms submitted responses: Mcintosh and Associates; Minner, Stinnett, Koo &
Agbayani; Pinnacle Engineering; and, Quad Knopf, Inc.
After reviewing the submitted Statements of Qualifications and fee proposals, and based primarily on
qualification scores of individual inspectors and secondarily on hourly rates, staff recommends
approval of agreements with the following two firms as being the most favorable to the City. Mcintosh
will provide two inspectors and Quad Knopf three inspectors:
Mcintosh and Associates
Quad Knopf, Inc.
Since specific project assignments are not predetermined, the potential compensation amount for
each inspector is set at a not-to-exceed aggregate total of $150,000. Inspectors will be assigned to
projects based on their experience and expertise.
No appropriations are necessary since these agreements will be funded by either budgeted capital
improvement projects or by inspection fees collected from developers.
Stuart@Construction
Oecember 24.2003. 10:01AM
G:\GROUPDAT\ADMINRPT\2004\01-14\On-call Inspec 2004-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ð. u.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ¡J ~
CITY ATTORNEY v(J
CITY MANAGER n1J5
January 5. 2004
SUBJECT: Cooperative Agreement with the Department of Transportation for the construction of the
widening of Rosedale Highway between State Route 99 and Gibson Street. (Ward 4)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City has been pursuing the widening of Rosedale Highway between State Route 99
(SR99) and Gibson Street cooperatively with the State Department of Transportation (Caltrans) for several
years. The project has been designed by consultants hired by the City, and the project will be ready to go
to bid shortly. Caltrans has agreed to contribute $400.000 to the widening project.
A previous cooperative agreement that was prepared by Caltrans was approved by the City Council last
year for this project, but Caltrans subsequently made some minor modifications to the agreement after
Council approval, and they would not sign the original agreement they had prepared without these
modifications. Therefore, the modified agreement now needs to again be approved by the City Council.
January 5. 2004, 10:54AM
G:\GROUPDA T\ADMINRPTì2004\01-14\Rosedale Coop Agreement Admin.doc tdw
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION Consent Calendar
ITEM: .ð. z..
TO:
FROM:
DATE:
Honorable Mayor and City Council
January 6, 2004
CITY ATTORNEY
CITY MANAGER
APPROVED
r/(
.
¿/G-
ólJs
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Memorandums of Understanding between the City, County of Kern ("County"), Kern Council
of Governments ("Kern COG"), and the State of California, Department of Transportation
("Caltrans") for the Regional Transportation Model.
1. Kern Regional Modeling Coordination MOU reaffirms the existence and roles of the
Kern Regional Transportation Modeling Committee ("RMC") founded in June 2001
by the Kern COG Board.
2. Kern Regional Traffic Count Program MOU to develop and maintain inventory of
traffic counters available for use by agencies to monitor traffic flow in the region.
3. Kern Regional Transportation Model Distribution MOU establishes a distribution
policy for the Model.
RECOMMENDATION:
Staff recommends approval of the Memorandums of Understandings.
BACKGROUND: The Kern Council of Governments (Kern COG) maintains a Regional Transportation
Model for air quality modeling and transportation planning. Three Memorandums of Understanding
(MOUs) have been developed to coordinate the use, assumptions and inputs to the model.
In June 2001, Kern COG adopted a Regional Transportation Modeling Policy and Procedure establishing
the Kern Regional Transportation Modeling Committee (RMC). To formalize the policies and procedures
established by the Kern COG board, and to establish a broader consensus among the key stakeholders,
the RMC has negotiated three Memorandums of Understanding (MOUs).
The staff and legal counsel for the City of Bakersfield, State of California Department of Transportation
(Caltrans), Kern County, and Kern COG have been reviewing various drafts of these MOUs since Spring
2002. All comments have been incorporated into the final revision dated November 25, 2003.
The RMC oversees the Kern COG transportation model. The model predicts future traffic for use in
transportation studies and engineering analysis. The regional model is mandated by the 1990 Clean Air
Act to demonstrate that the planned expenditures of transportation funds will not negatively impact the
regions' progress on attaining the clean air standards.
January 6, 2004. 10:26AM
G:\GROUPDA nAOMINRPT\2004\01 -14\MOU _Regional Transp ModeLadmin.doc
ADMINISTRATIVE REPORT
Bakersfield, Caltrans, Kern County, and Kern COG are required to develop and maintain an accurate,
consistent and current Regional Transportation Model. The three MOUs each deal with varying aspects of
coordination related to the model. Specifically, the MOUs govern regional modeling coordination efforts, a
regional traffic count program, and distribution of the regional model.
1. Kern Reaional Modelina Coordination MOU
The Kern Regional Modeling Coordination MOU re-affirms the existence and roles of the Kern Regional
Transportation Modeling Committee ("RMC") founded in June 2001 by the Kern COG Board. The RMC is
an advisory Sub-Committee of the Kern COG Transportation Technical Advisory Committee ("TTAC").
The committee includes representatives from each of the parties to this MOU and the committee acts as
an advisory committee to the TT AC. The RMC shall also include other Kern COG member agencies from
the outlying cities and transit districts in Kern County. The RMC makes recommendations on the regional
transportation model, input assumptions, including the regional growth forecast, future land use
assumptions, traffic counts and future transportation network improvements to the model.
2. Kern Reaional Traffic Count Proaram MOU
Observed traffic counts are one of the critical inputs into the model, and are used to test the model's
validity. A consistent, systematic, and accurate source of traffic count information is essential in
preparation and maintenance of an accurate model. Kern COG maintains an inventory of traffic counters
available for use by agencies in the region. Each party recognizes that each expends thousands of
dollars annually to monitor traffic flow in the region. Inconsistencies in counts can occur when count
locations are annexed from the County into a city. These parties recognize that a countywide traffic count
program will benefit the citizens of Kern County in the following ways:
Reduce local agency staff requirements
Improve the efficiency of local government
Provide greater consistency of count information
Improve transportation model forecasts
The MOU requires that each party will share the costs and responsibilities associated with a regional
traffic count program and collaborate on grant applications. These parties agree to support a core
regional traffic count program by directly funding and/or supporting the allocation of funding in the Kern
COG Regional Transportation Improvement Program (RTIP) at a minimum of $30,000 (thirty-thousand
dollars) annually as in-kind staff time and overhead and/or consulting costs as resources and annual
budgets allow. No appropriation is made or mandated with approval of this MOU. It strictly gives support
to funding future allocations of the RTIP or agency manpower "as resources or annual budget
adoptions allow". This program will not supplant special spot traffic counts that are done in response to
special studies.
3. Kern Reaional Transportation Model Distribution MOU
The third MOU establishes a distribution policy for the Model. The complexity of the model makes it very
difficult to duplicate the same results when run at two separate locations. In addition, the City of
Bakersfield and the County of Kern have acquired the modeling software and periodically run "what-if"
scenarios using it. To avoid confusion and potential conflict in model results, all requests for the model
would be directed to Kern COG under this MOU.
January 6, 2004. 10:29AM
G:\GROUPOA nAOMINRPT\2004\01-14\MOU _Regional Transp Model_admin.doc
ADMINISTRATIVE REPORT
MEETING DATE January 14, 2004
AGENDA SECTION:
ITEM: .b. a.o....
Consent Calendar
TO:
Honorable Mayor and City Council
DATE:
December 29, 2003
CITY ATTORNEY
APPROVED
~
1/C-
FROM:
Florn Core, Water Resources Director
DEPARTMENT HEAD
CITY MANAGER ñ1.JS
SUBJECT: Amendment No.3 to Agreement No. 99-334 with outside counsel, Duane Morris
for legal services in the matter of North Kern Water Storage District v. Kern Delta District, et ai, Tulare
County Superior Court Case No. 96-172919, in the amount of $100,000, with a total contract amount not
to exceed $350,000.
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND:
The City has generally used the services of attorney Colin Pearce, who is now a partner in the firm of
Duane Morris as outside counsel on the above-entitled case. Additional funds are required for outside
counsel to continue to provide legal representation on the limited retrial of the First Point matter. The
appeals court sent the matter back to the lower court for review of several issues.
This amendment NO.3 to agreement No. 99-334 would add $100,000 to the not to exceed limitation on
compensation to result in a total not to exceed amount of $350,000. Since it is expected that these
additional expenditures will be incurred in both the remainder of this fiscal year 2003-04 and in fiscal year
2004-05, available funds exists in the Water Resources operating budget to cover this fiscal year's
anticipated expenditures, and the balance will be included in the department's proposed fiscal year 2004-
05 budget.
December 16. 2003. 10:26AM
5:\2003 ADMIN RPTS\admin011404.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: z,. bb.
TO:
FROM:
Honorable Mayor and City Council
AfOVED
DEPARTMENT HEAD fA
CITY ATTORNEY ~
--J
CITY MANAGER ó2J;,
Raul M. Rojas, Pubiic Works Director
DATE:
December 16, 2003
SUBJECT: Amendment No. 1 to Agreement No. PW02-203 for additional consulting services and
compensation to Dresser Services, Inc., for asbestos surveys on various projects.
($50,000).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: In September, 2002, staff issued a Request for Qualifications and Fee Proposals for
On-Call Asbestos surveys and awarded the On-Call Consulting Agreement to Dresser Services, Inc. The
original Agreement was for a maximum amount of $20,000, and a Department Agreement was issued to
cover the 2002-03 fiscal year.
Due to current and anticipated future work, staff requested Dresser Services, Inc., prepare a two year fee
proposal for the 2003-2004 and 2004-2005 fiscal years. The proposed amendment extends the
Agreement through the end of fiscal year 2004-2005 and increases the total compensation amount to
$50,000, per the requested fee proposal.
No appropriation is necessary as these services are paid from the budgeted CIP projects they are related
to.
8M/ds
December 22, 2003. 3:03PM
G:\GROUPDATIADMINRPT\2004\01-14IAmend PW02-203 Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: !J. l!L
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 10, 2003
APPROVED
DEPARTMENT HEAD rI2
r -
CITY ATTORNEY /è¡)'7./
'-/
CITY MANAGER ñ1rS
SUBJECT: Accept bid to award contract to Loop Electric for $71 ,232.25 for Traffic Signal and Lighting
Installation at Brimhall Road and Old Farm Road. (Ward 4)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The project consists of installing a traffic signal, lighting system, pavement markings,
and striping and signage at the intersection of Brimhall Road at Old Farm Road. The project is funded
entirely with Transportation Development Funds.
On November 19, 2003, two acceptable bids were received as follows:
Loop Electric
1516 E. 19th Street
Bakersfield, California 93305 (City)
in the amount of
$71,232.25
A-C Electric Company
315 30'h Street
Bakersfield, California 93303 (City)
in the amount of
$77,214,00
Oecember 10, 2003, 2:06PM
G:\GROUPDAnADMINRP1\2004\01-14\BRIMHALL OLD FARM.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: -ð. cVJ..,.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE:
December 18, 2003
APPROVED
DEPARTMENT HEAD /f¿
,
CITY ATTORNEVAfl)v
~ c/
CITY MANAGER (fluS
SUBJECT: Accept bid to award contract to Judge Netting Inc. ($29,800) to construct Wood Waste
Grinder Safety Cover (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The existing wood chipper at the Wood Waste Recycling Facility occasionally throws
objects from the grinder up and out to the south, creating a safety problem. This structure will provide a
safety screen over the chipper, thus protecting employees and the general public from being hit by flying
objects.
The structure is designed so that in the future a permanent roof could be added to provide shelter from the
heat in summer and protection from rain in the winter. Funding is through the Refuse Enterprise Fund.
Approximately one third of the cost will be recovered from the County, per the Greenwaste Cost-Sharing
Agreement.
Two acceptable bids were received on December 16, 2003 as follows;
Judge Netting Inc.
23425 North 39th Drive, Suite 104
Glendale AZ 85310
Colombo Construction Company, Inc.
3211 Rio Mirada Drive
Bakersfield, CA 93308 (City)
In the amount of
$29,800.00
In the amount of
$70,025.00
Public Works/Design Engineering WGM
December 19, 2003, 9:10AM
G:\GROUPDA1\ADMINRPT\2004\01-14\Wood Waste Grinder Safety Cover.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD IYL
,
CITY ATTORNEY -Ð.Y
<--./
CITY MANAGER ~
December 17, 2003
SUBJECT: Traffic Signal and Lighting Installation at Panama Lane at Monitor Street (Ward 1, 7):
1. Accept bid to award contract to Loop Electric for $99,345.50 for Project.
2. Appropriate $20,000 Transportation Development Fund Balance to the Capital
Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid, award contract, and approval of
appropriation.
BACKGROUND: The project consists of installing a traffic signal, lighting system, pavement markings,
and striping and signage at the intersection of Panama Lane at Monitor Street. The project is funded
entirely with Transportation Development Funds. An additional appropriation is needed to award this
project.
On November 19, 2003, two acceptable bids were received as follows:
Loop Electric
1516 E. 19'h Street
Bakersfield, California 93305 (City)
in the amount of
$99,345.50
A-C Electric Company
315 30'h Street
Bakersfield, California 93303 (City)
in the amount of
$107,624.00
December 22. 2003, 1 0:09AM
G :IGROUPOA T\ADMINRPT\2004101-14IP ANAMA MONITOR.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14,2004
AGENDA SECTION: Consent Calendar
ITEM: .
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY
CITY MANAGER nlß
SUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 23, 2003
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2003.
2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City
of Bakersfield for the fiscal year ended June 30, 2003.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2003.
4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2003.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
1. Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to as
the City's Annual Audit Report, for the fiscal year ended June 30, 2003. The CAFR represents the
City's financial statements as of June 30, 2003, which are audited by the accounting firm of Brown,
Armstrong. Paulden, McCown, Hill, Starbuck & Keeter.
2. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2003. The Single
Audit Report pertains to federal program monies expended by the City during the specified fiscal
year. An Independent Audit is performed annually to review internal control procedures and
compliance with federai guidelines in accordance with Office of Management & Budget (OMB)
Circular A-133. This annual audit was performed by Brown, Armstrong, Paulden, McCown, Hill.
Starbuck & Keeter as part of their contract to provide auditing services to the City of Bakersfield.
The current compliance report issued by the outside auditors indicates that the City complied, in all
material respects, with federal grogram guidelines.
3. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield
Subregional Wastewater management Plan. The City's compliance with contract requirements is
audited on an annual basis. The current Compliance Report, issued by the outside auditors,
indicates that the City complied, in all material respects, with the program's guidelines.
10f2
S:\KimG\Forms & Labtes\Admin-Cafr2003.doc
",anuary 6. 200.1, 3:18Pf\,1
ADMINISTRATIVE REPORT
4. Attached is a letter form the City's independent auditors Brown, Armstrong, Paulden, McCown, Hill,
Starbuck & Keeter indicating they have completed their annual review of the Appropriations Limit
Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the Califomia
Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract
to provide auditing services to the City of Bakersfield. The agreed upon review procedures are
substantially less in scope than an audit and therefore no audit opinion is expressed regarding the
calculation.
klg
20f2
S:\KlmG\Forms & LableslAdmin-cafr2003.doc
January 6. 2004, 3:18P~'!
~
I ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
Honorable Mayor and City Council
DATE:
January 6, 2004
CITY ATTORNEY
CITY MANAGER @1S
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
SUBJECT: Purchase of Southeast Tax Default Properties for Southeast Infill Housing Project: (Ward 1)
1) Appropriate $12,250 Southeast Project Area Housing Funds to the Capital Improvement
Budget for the acquisition of two Tax Default Properties located at 19 Milham and 301
South Owens.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On September 8, 2003, the Bakersfield Redevelopment Agency approved Resolution No. 6-03 authorizing
the purchase of two tax-default properties located at 19 Milham ($2,000.00) and 301 South Owens
($10,250.00). The last Tax-Defaulted Property Auction sale for Kern County was held in July of this year.
Properties that were listed for auction were those with property taxes not paid by owners for five
consecutive years.
The Economic and Community Development Department has reviewed the list of properties that were
available for auction, and have identified two parcels that are located in the Southeast Bakersfield
Redevelopment Project Area. We surveyed all of the properties located in the redevelopment project area
on the list and determined these two would be of most benefit to our current initiatives.
These vacant residential lots will provide sites to construct affordable homes in the Southeast
neighborhood. The Economic and Community Development Department will work with
developers/contractors to build quality affordable single family homes for eligible low income homebuyers.
Funding for the acquisition will come from the 20% Housing Set Aside.
S:\Admins\City Council\lax default prop approp.doc
1/6/20043:34 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: Z¡. hn.
TO:
Honorable Mayor and City Council
CITY MANAGER
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
DATE:
December 18, 2003
CITY ATTORNEY
SUBJECT: State Educational Revenue Augmentation Fund (ERAF): (WARDS 1 & 2)
1) Appropriate $56,543 to the Redevelopment Operating Fund budgets (Southeast _
$9.063; Old Town Kern - $17,175; and Downtown - $30,305) for ERAF Allocation.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
At the September 8. 2003 Bakersfield Redevelopment Agency meeting staff presented information the
shift of Redevelopment funds to the Educationai Revenue Augmentation Fund (ERAF). With the approvai
of budget trailer bill, SB 1045. the amount of redevelopment funding to be shifted to ERAF is $135 million
state-wide for fiscal year 03-04. Once again the State is raiding Redevelopment Agencies to balance their
budget shortfalls. The State does not seem concerned that these funds are traditionally the key financial
resources local jurisdictions use to jumpstart difficult community development and redevelopment projects.
In the current fiscal year, staff set aside $76,000 in funds for ERAF in anticipation of this shift in
Redevelopment Funds. The following table illustrates the final estimated impact on tax revenue for each
of the three Redevelopment Areas, resulting in a total of $132,543 for ERAF for fiscal year 03-04.
Additional funds in the amount of $56,543 will need to be appropriated from available project area fund
balances as depicted in bold in the table below. Staff will continue to monitor this situation closely and
provide updates as information becomes available. The Agency must deposit those funds into ERAF on
or before May 10, 2004.
Project Area: Southeast Old Town Kerri . . Downtown To~1 .
" ,.':/" ....., '..;"...... .' ..:.¡,.
Actual 02·03 Tax Revenue $410.771 $247.770 $1.740,619 $2.399.160
FY 03·04 Adopted Budget 8,000 2.000 66.000 $ 76,000
ERAF
FY 03-04 ERAF Increase 9,063 17,175 30,305 $ 56,543
Estimated 03-04 $ 17,063 $ 19,175 $ 96.305 $ 132.543
Total ERAF"
Percent of Total ERAF" 13% 15% 72% 100%
S:\Admins\City Council\appropriation eraf funds.doc
12/18/2003 3.08 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: J. iL.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD @
CITY ATTORNEY U;
CITY MANAGER ó1.J;.
FROM:
Donna L. Kunz, Economic Development Director
DATE:
January 6, 2004
SUBJECT: Use of $300,000 in Redevelopment, tax increment funds for Administrative Costs
Associated with Economic Development Activities for Fiscal Year 2003-04. (Wards 1 & 2)
1) Appropriate $300,000 current year revenues ($73,000 SEPA; $113,000 OTK
Operating; $40,500 OTK Housing and $73,500 DTPA Housing) to the Redevelopment
Operating and Housing fund Budgets.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In response to the massive reductions in the vehicle license fee payments from the State to the City of
Bakersfield, the Economic and Community Development Department developed a budget proposal to shift
a portion of general fund supported administrative functions to redevelopment. One of the things that
came out of the process of planning budget cuts was the realization that some of the EDCD staff time
spent on tax increment issues should be charged out to redevelopment, rather than the General Fund.
Several years ago, charges were made in this manner when we experienced a slower period after bonding
for Centennial Garden in 1998. Subsequently, these charges were stopped.
Over the past few years and with the formation of two new project areas, EDCD has received over $2.0
million in grants and $11.0 million in low interest and deferred loans to significantly augment
redevelopment funding for major projects including the Baker Street Mixed Use Project in Old Town Kern.
"CityPlace", located in the Southeast Project Area and Parkview Cottages in the Downtown area. These
shifts will accurately associate job duties and related operating expenses to these and other major
redevelopment and housing projects currently underway.
The Bakersfield Redevelopment Agency authorized the use of $300,000 in tax increment funds for this
purpose at the January 5, 2004 Agency meeting.
S:\Admins\City Council\RedevfundsforEDAdmin011404.doc
1/6/20048:47 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ". . '.
TO:
Honorable Mayor and City Council
APPROVED
DATE:
December 19, 2003
CITY ATTORNEY
CITY MANAGER (")'15
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
SUBJECT: Community Development Block Grant (CDBG) Action Plan Amendment No. 9 (FY 02/03)
and Amendment NO.2 (FY 03/04). (Ward All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendment affects CDBG program funds. This amendment will allocate
$20.955 of CDBG project savings from FY 02103 for land acquisition and the construction of Station NO.5
replacement located at the White Lane and South Union Avenue. This project will be funded over multi-
years for an estimated total cost of $1.7 million. Also included in this amendment is the expansion in the
scope of the use of funds for the acquisition and demolition program to include residential projects under
this program.
AMENDMENT NO.9 FY 02/03 ACTION PLAN - B-02-MC-06-0510
Project ID Available Budget Revised
Project Title & Description Activity Code/ Amount of Changes Total
Citations Funds Funding
Add
Fire Station #5 - New Construction Proiect 030 Fire $0 $20.955' $20.955
Acquisition, design, construction of a fire station StationlEquipment
located at Union Avenue and White Lane (Ward 570.201 (c)
1)
, Project Savings
S:\Admins\City Council\action plan amendment 1.14-04.doc
12/19/20033:54 PM
ADMINISTRATIVE REPORT
Page 2
AMENDMENT NO.2 FY 03/04 ACTION PLAN - B-03-MC-06-0510
Project ID Available Budget Revised
Project Title & Description Activity Codel Amount of Changes Total
Citatións Funds Funding
Change in Scope
ACQuisition and Demolition ProQram 17-ACI $210.350 $0 $210,350
Acquisition and demolition of deteriorated Land
industrial, commercial, and residential properties Acquis ition/D isposition
in an economically distressed area. Acquisition 570.203(a)
is for the purpose of clearance which will
eliminate specific conditions of blight or physical
decay in certified redevelopment areas.
Cleared land will be for proposed economic
development and residential projects which will
primarily benefit low-income people. (Ward 2)
A public notice was published December 11, 2003 to begin the 3D-day public comment period for this
amendment. To date no comments have been received.
S:\Admins\City Council\action plan amendment 1-14-04.doc
12/19/20033:54 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Hearings
ITEM: I-t,IL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
-?OVED
DEPARTMENT HEf~ /' /
'~
CITY ATTOR~EY
CITY MANAGER Q/, ¡c:=:.,
,
December 30, 2003
SUBJECT: Hearing related to appeal filed by Castle and Cooke Development on Vesting Tentative
Tract Map No. 6223 and Zone Change #03-1073 located on the northeast corner
of White Lane and South Allen Road. (Ward 5)
RECOMMENDATION:
Staff recommends opening the hearing and continuing the hearing to January 28, 2004.
BACKGROUND:
A two week continuance of the appeal hearing to the January 28, 2004 meeting is requested by
the Fire Department. The Fire Department needs additional time to meet with Castle and
Cooke Development. Castle and Cooke Development appealed conditions adopted by the
Planning Commission related to the minimum paved width of alleys within the subdivision. The
appellant's letter (attached) states the required alley pavement width of 16-feet will create a less
friendly environment and requests a 14-foot wide paved alley.
The project site is located on the north side of White Lane and east of South Allen Road.
Tentative Tract Map 6223 consists of 242 lots for purposes of private gated street single family
development, 1 lot for a retention basin, 26 private landscape lots and 2 private parks on 107.38
acres zoned R-1 (One Family Dwelling). Concurrent Zone Change #03-01073 is a change from
an R-1 (One Family Dwelling) zone to a P.U.D. (Planned Unit Development) zone on the same
property.
On November 20,2003, the Planning Commission unanimously adopted Resolution No. 162-03
conditionally approving Tract 6223 and adopting Resolution No.163-03 recommending
conditional approval of Zone Change No. 03-01073. No one spoke in opposition to the proposed
project.
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2003
AGENDA SECTION: Hearings - Consent
ITEM: L. ,b.
TO: Honorable Mayor and City Council
FROM:
DATE:
Development Services - Planning
January 8, 2004
DEPARTMENT H
j2)wJ
()tJS
SUBJECT: Consolidated hearing of appeals by Mcintosh & Associates of determination of
incompleteness for Vesting Tentative Tract Maps 6257, 6258, 6259, 6260, 6261, 6263,
6264, 6265, 6266 and 6267 (City in the Hills) located between State Route 178 and
Paladino Drive west of Masterson and resolution upholding staff's determination of
incompleteness. (Ward 3)
RECOMMENDATION:
Continue hearing to . May 12. 2004at the request of the appellant's legal counsel.
BACKGROUND:
These eleven (the twelfth was withdrawn) tract maps are generally located between State Route
178 and Paladino Drive, west of Masterson Street in northeast Bakersfield in an area commonly
known as "City in the Hills" (Exhibit A). "City in the Hills" general plan and zoning were adopted by
resolution number 137-00 and ordinance number 3989 of the City Council in November 2000. In
addition to the general standards for subdivision submittals (see Exhibit B) those two documents
also contained requirements related to submittal of applications to subdivide (see Exhibit C). The
appiications were reviewed for completeness and the applicant was notified by letter and facsimile
on November 4, 2003 that the applications were incomplete. Although all the applications shared
some deficiencies in common, they each had their individual list of defects (see Exhibit D). Mr.
Mcintosh filed an appeal of the determinations of incompleteness on November 21, 2003 (see
Exhibit E), but only with respect to two issues common to all the maps: 1) the required
presentation of phasing plan to the Planning Commission and 2) dedication of Masterson Street,
City in the Hills covers a large land area. It's development would require the extension of
infrastructure to serve it and in considering it's approval concerns were raised over the adequacy,
timing and responsibility for public facilities necessary to support such an undertaking. The
requirement that a phasing plan be presented to the Planning Commission prior to the submission
of the first tentative map was adopted to ensure that those concerns would be addressed before
the land was divided up among multiple owners. The phasing plan was not submitted to the
Planning Commission for approval until December 18, 2003, more than two months after the
subdivision applications were submitted and rejected.
ADMINISTRATIVE REPORT
Page 2
The dedication of Masterson Street has not yet been accomplished.
The appeal focused on those two items as though they were the only problems with the
applications. In fact the applicant was notified that each of the eleven applications were deficient in
many ways. Exhibit D is a sixteen page summary of each application's deficiencies in meeting the
requirements of a complete application.
The applications were resubmitted for a second review and again they were found to be
incomplete on December 9, 2003.
These eleven maps were among the flood of applications submitted just before the transportation
impact fee was scheduled to take effect. Understanding the implications of that, staff scrupulously
adhered to standards and protocols of review to ensure that every application was given the same
fair and even handed review for completeness.
Based on a comparison of the requirements for applications to subdivide and the list identifying the
deficiencies (Exhibit D) in meeting those requirements it is recommended that the City Council
uphold the determinations that applications for Vesting Tentative Tracts 6257, 6258, 6259, 6260,
6261, 6262, 6263, 6264, 6265, 6266, and 6267 were incomplete and uphold staff's determinations.
JH:pjt
Admin~an\ 1-14-6257
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Closed Session
ITEM: 5.a..
TO:
FROM:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
t/t'
4
ó155
Ginny Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
DATE:
December 29, 2003
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield v. SPCA, et al
Kern County Superior Court Case No. S-1500-CV 251740 RJA
RECOMMENDATION:
BACKGROUND:
GG:lks
December 29, 2003, 4:06PM
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Closed Session
ITEM: 5, b.
TO:
FROM:
Honorable Mayor and City Council
Ginny Gennaro, City Attorney
DEPARTMENT HEAD
DATE:
December 29, 2003
CITY ATTORNEY
CITY MANAGER
APPROVED
tØ
tC
ó1~
SUBJECT: Conference with Legal Counsel- Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b)(1)(A) of Govemment Code
section 54956.9. Two (2) potential cases.
RECOMMENDATION:
BACKGROUND:
GG:dll
December 29, 2003. 3:56PM
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Workshop
ITEM: IO.a..
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
DATE: January 5, 2004 CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Budget Update
RECOMMENDATION:
BACKGROUND:
There will be a brief update on the budget by City Manager, Alan Tandy.
January 5, 2004, 9:18AM
S:\Admin Rpts\2004\Budget Update 01 1404.dot
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Workshop
ITEM: 10, b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
January 6, 2004
CITY ATTORNEY
CITY MANAGER
SUBJECT: Westside Parkway update report. (Staff presentation by Public Works Director Raul Rojas)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Staff will present an update report on the progress of the Westside Parkway project.
TedW:
January 7, 2004, 1 0:25AM
G:\GROUPOA 1\ADMINRP1\2004\01-14\Workshop Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Hearings
ITEM: lð. a,.
TO: Honorable Mayor and City Council
FROM:
Development Services - Planning
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
DATE:
December 30, 2003
SUBJECT: Appeal by Harry and Shirely Rowles and Gary and Judy Denny of the Planning
Commission's approval of Tentative Tract 6230, resolution modifying the decision of the
Planning Commission, Negative Declaration and denying the appeal. (SmithTech U.S.A. -
Applicant/Subdivider). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution modifying the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6230 and denying the appeal
to confirm the agreement by appellants, subdivider and staff.
BACKGROUND:
On August 21, 2003, the Planning Commission adopted Resolution No. 159-03, conditionally
approving Vesting Tentative Tract Map 6230 proposed by SmithTech, U.S.A Engineering,
applicant and engineer. Tract 6230 is located on the south side of Rosedale Highway, between
Jenkins Road and Allen Road. Harry and Shirley Rowles and Gary and Judy Denny filed appeals
to the Planning Commission's approval of Tract 6230 in opposition to the increased traffic and
safety hazards presented by the proposed development. Resolution to the appellant's opposition
was reached in meetings and the attached resolution reflects agreement by all parties involved.
Tract 6230 is a proposed phased subdivision containing 105 lots for single family residential
purposes, a sump lot and 16 lots for multi-family residential purposes on 36.46 acres zoned E
(Estate) and R-2 (Limited Multiple Family Dwelling). The tract also includes a request for approval
of a waiver of mineral rights owner's signatures pursuant to BMC Section 16.20.060 B.4. The
subdivider presented competent technical evidence that oil drilling was improbable.
The appellants submitted a plan showing recommended changes to the street arrangement for
both Tract 6230 and Tract 6036 (See Appeal letter in Background Materials), which is adjacent to
the south of the subject subdivision. Both appeals are scheduled to be heard at this Council
meeting. The Conditions approved by the Planning Commission required two future street
connections to land located to the west, but did not provide for immediate connection to Jenkins
Road.
ADMINISTRATIVE REPORT
Page 2
Staff met with the appellants, the developers and the developer's engineer. As a concession for
Tract 6230 (adjacent tract), it was determined that the appellants would be satisfied if Palm Ranch
Street were widened to full width and if a second street access to Jenkins Road were provided
prior to recordation of the first phase of Tract 6230. The developer of Tract 6230 has agreed to
make the street improvements to construct the street connection between Tract 6230 and Jenkins
Road at the proposed alignment of Lamond Court.
Conclusion.
In response to the concerns of the neighborhood and as a result of meetings with the appellants,
the subdivider, and the project engineer, staff has modified the Conditions of Approval (Exhibit A)
for Tract 6230 to require that Palm Ranch be widened to full width prior to recordation of the first
phase of Tract 6230.
LP
Admin\ 1-14-6230
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Hearings
ITEM: lõ. b.
TO: Honorable Mayor and City Council
December 30, 2003
CITY ATTORNEY
CITY MANAGER
¡/(;
ó/ih
FROM:
DATE:
Development Services - Planning
DEPARTMENT HEA
SUBJECT: Appeal by Harry and Shirely Rowles of the Planning Commission's approval of Tentative
Tract 6036, resolution modifying the decision of the Planning Commission, Negative
Declaration, and denying the appeal. (SmithTech U.S.A. - Applicant/Don Judkins-
Subdivider). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution modifying the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6036 and denying the appeal
to confirm the agreement by appellants, subdivider and staff.
BACKGROUND:
On August 21, 2003, the Planning Commission adopted Resolution No. 158-03, conditionally
approving Vesting Tentative Tract Map 6036 proposed by SmithTech, U.S.A. Engineering, the
applicant representing Don Judkins, subdivider. Tract 6036 is located on the northeast corner of
Palm Avenue and Jenkins Road. Harry and Shirley Rowles filed an appeal to the Planning
Commission's approval of Tract 6036 in opposition to the increased traffic and safety hazards
presented by the proposed development. Resolution to the appellant's opposition was reached
in meetings and the attached resolution reflects agreement by all parties involved.
Tract 6036 is a proposed phased subdivision consisting of 69 lots for single family residential
purposes 30.46 acres zoned E (Estate). The tract also includes a request for approval of a waiver
of mineral rights owner's signatures pursuant to BMC Section 16.20.060 B.3. The subdivider
intends to reserve a 2± acre drill site.
The appellants submitted a plan showing recommended changes to the street arrangement for
both Tract 6036 and Tract 6230 (See Appeal letter in Background Materials), which is adjacent to
the north of the subject subdivision. Both appeals are scheduled to be heard at this Council
meeting. The Conditions approved by the Planning Commission modified the lot arrangement
originally submitted by the applicant for Tract 6036.
Staff met with the appellants, the developers and the developer's engineer. At the meeting with
the appellants, it was determined that they had no issue with Tract 6036 as it was originally
ADMINISTRATIVE REPORT
Page 2
submitted. As a concession for Tract 6230 (adjacent tract), it was determined that the appellants
would be satisfied if Palm Ranch Street were widened to full width and if a second street access to
Jenkins Road were provided prior to recordation of the first phase of Tract 6230.
Conclusion.
In response to the concerns of the neighborhood and as a result of meetings with the appellants,
the subdivider, and the project engineer, staff has modified the Conditions of Approval (Exhibit A)
for Tract 6036 to require a connection between Tract 6230 (adjacent tract) and Jenkins Road
across the drilling island located in Tract 6036.
LP
Admin\1-14-6036
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Reports
ITEM: LJ.o...
TO:
FROM:
Honorable Mayor and City Council
Alan Christensen, Recreation & Parks Director DEPARTMENT HEAD
DATE:
January 7, 2004
CITY ATTORNEY
CITY MANAGER
APPROVED
~
t/(.J
6ZJ7
SUBJECT: Community Services Committee Majority Report 1-04 and Minority Report 2-04 - Naming of
Park at Stockdale Highway and Buena Vista Road (Ward 4)
RECOMMENDATION: City Council determination.
BACKGROUND: The Community Services Committee discussed naming of the park currently referred to
as "Rio Vista Park," located on Stockdale Highway and Buena Vista Road. Staff explained at the meeting
that most neighborhood parks are named by the developer. This park is not like a neighborhood park in a
subdivision because it is being built by the City with Park Development Fees and other revenue sources.
When completed, it will be a 32-acre park with two lakes, an amphitheater, and other park amenities.
Rich O'Neil, Kern River Parkway Foundation, spoke regarding the naming policy. He interpreted The Kern
River Parkway naming policy as stating that the name for a park or other element should be of historical
cultural significance as it relates to the Kern River. Mr. O'Neil requested the name "Rio Vista" be
eliminated from consideration as it does not fall within the guidelines.
Mr. O'Neil agreed that two names were acceptable to the Foundation: 1) Rio San Felipe, which is the first
name given to the Kern River in 1776 by Padre Garces; and 2) Condor Park, or "WEE-ITCH," the native
American name for condor. Committee Member Carson liked the name and suggested it would give
recognition to the Condors hockey team.
Committee Member Benham supported the idea of using "San Felipe Park" because of its historical
relevance. She rejected using "Rio Vista" because she felt it has little cultural or historical significance.
Committee Member Benham made a motion that the Committee recommend to the City Council that they
choose between San Felipe Park and Condor Park.
Committee Chair Sullivan expressed a lot of thought went into the name Rio Vista Park. She felt it was a
great name for the park and people visiting Bakersfield who do not know the history of Kern River would
appreciate the name. She asked the Committee to consider the name Rio Vista Park and that the two
lakes be given other names recommended by the Kern River Parkway Foundation.
The Committee voted on Committee Member Benham's motion with Committee Members Benham and
Carson voting "aye" and Committee Chair Sullivan voting "no." The Committee unanimously agreed to
forward to the City Council a majority report to include Committee Member Benham's motion and a
minority report to include Committee Chair Sullivan's motion.
January 7,2004, 12:37PM: rlj
P:\Admin Rpts\Stockdale-BV Park Name.doc
·
BAKERSFIELD
CITY OF BAKERSFIELD
MEMORANDUM
FROM:
ALAN TANDY, CITY MANAGER r
RAUL M. ROJAS, PUBLIC WORLi DIRE
January 14, 2004
TO:
TOR~
SUBJECT: ADDITIONAL ITEM FOR JANUARY 14, 2004, COUNCIL MEETING
Due to unanticipated repairs necessary at seven road crossings, six along the Kern
Island Canal, and one along the Stine Canal, please add the attached Administrative
Report and Resolution to the January 14, 2004, Council Agenda. These repairs were
determined to be of urgent necessity for the preservation of life, health, or property and
work needs to begin immediately
G:\GROUPDATIADMINRPT\2004\01-14IAdd'lltem Memo.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 14, 2004
AGENDA SECTION: Consent Calendar
ITEM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
Honorable Mayor and City Council
January 9, 2004
SUBJECT: Emergency Road Crossing Repairs Required at Seven Separate Locations, six along the
Kern Island Canal and one along the Stine Canal (Ward 1):
1. Resolution dispensing with bidding procedures due to emergency repairs required at
seven locations, six along the Kern Island Canal, and one along the Stine Canal, not to
exceed $1,500,000 (initial estimate only).
2. Appropriate $1,500,000 (initial estimate of costs) Facility Replacement Reserve to the
Capital Outlay Fund's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Resolution and appropriation.
BACKGROUND: As a result of the culvert pipe failure at 19th and Oak Streets on October 30, 2003, the
Public Works Department began a City-wide investigation into the condition of all canal crossings within
the City. Various canals are shut down for repairs at different times. It is during those times that City staff
has been able to perform the investigations. Any necessary repairs must be done within a very short time
to coincide with the period that the canal is shut down.
While several canal crossings have "passed" or needed only minor repairs, seven have very serious
problems necessitating street shut downs and emergency repairs. The Public Works Director has
determined that the repairs could not be completed by City staff alone and found this problem to be an
emergency and the work to be performed was of urgent necessity for the preservation of life, health, or
property. The Public Works Director authorized Granite Construction and Elmore Piping, on a time-and-
materials basis, to repair the seven road crossings. The five locations included on the City Manager's
General Information memo dated January 9, 2004, are as follows:
· Wilson Road, between Chester Avenue and Union Avenue
· White Lane, east of Union Avenue
· Terrace Way, between "P" Street and Chester Avenue
· Terrace Way, east of "P" Street
· P Street, between Terrace Way and Highway 58
Two additional sites are also included on the attached resolution (These were not included in the General
Information memo.):
· Chester Avenue, south of 58
· Stockdale Highway, east of Stine Road
January 14, 2004, 10:12AM
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_.._ ._.....____. _._" w_, ...__.._...___.______..._._.,..,~_._....,_,_,._._.__'".
ADMINISTRATIVE REPORT
Six of the seven locations are part of the Kem Island Canal, and one is part of the Stine Canal, which are
owned by the Kern Delta Water District. Since the inspections took place after finalization of the agenda,
and since there is a very short window to perform the repairs because the canals are scheduled to be put
back into service, an emergency resolution was prepared for tonight's council agenda.
The attached Resolution authorizes the dispensing of bidding requirements as set forth in Section
3.20.060 of the Bakersfield Municipal Code, with a not to exceed amount of $ 1,500,000(initial estimate
only). At a future Council Meeting, staff will provide more precise information as to the costs.
The recommended funding source for these repairs is the Facility Replacement Reserve. During the FY
2003/04 budget cycle, the City Council approved the transfer of $4.2M from the Facility Replacement
Reserve to the General Fund. Of this amount, $900K was dedicated to balance the General Fund budget
and the remaining $3.3M was set aside to mitigate the effects of State budgetary actions on the City which
were not known at the time the City Council adopted the budget. Subsequent State budgetary actions
resulted in the State reducing the City's vehicle license fee revenue by approximately $3.2M. The City
was able to make-up this $3.2M State "take" through 2002/03 budgetary actions resulting in expenditure
savings in addition to higher than anticipated sales tax revenue received in June, 2003. Consequently, the
Facility Replacement Reserve can now be dedicated for facility replacement or other needs as they arise.
January 14, 2004, 9:52AM
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-"...._.._~._..~-- - -- --_._~.._-_. ---.--
RESOLUTION NO.
A RESOLUTION DISPENSING WITH BIDDING PROCEDURES
DUE TO EMERGENCY REPAIRS REQUIRED AT SEVEN ROAD CROSSINGS,
SIX ALONG THE KERN ISLAND CANAL AND ONE ALONG THE STINE CANAL,
NOT TO EXCEED $1,500,000 (INITIAL ESTIMATE ONLY)
WHEREAS, as a result of the culvert failure at 19th and Oak Streets, the Public Works
Department began City-wide investigation into the condition of all canal crossings in the City;
and
WHEREAS, several canal crossings have "passed" or needed only minor repairs, seven
have very serious problems necessitating street shut downs and emergency repairs; and
WHEREAS, the location of the seven crossings are at Wilson Road, between Chester
Avenue and Union Avenue; White Lane, east of Union Avenue; Terrace Way, between "P"
Street and Chester Avenue; Terrace Way, east of "P" Street; "P" Street between Terrace Way
and Highway 58; Chester Avenue, south of 58; and Stockdale Highway, east of Stine Road; and
WHEREAS, the Public Works Director has determined that the repairs could not be fixed
by City staff alone; and
WHEREAS, the Public Works Director declared this problem an emergency and the
work to be performed was of urgent necessity for the preservation of life, health, or property;
and
WHEREAS, to remedy this emergency, the Public Works Director authorized
construction services on a time-and-materials basis to repair the seven road crossings, six
along the Kern Island Canal and one along the Stine Canal.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The above recitals are true and correct and incorporated herein by reference.
2. City Council hereby determines that based upon the above recitals the work to
be performed is of urgent necessity for the preservation of life, health or property,
1hereby allowing the dispensing of bidding requirements as set forth in Section
136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code.
3. The Finance Director is authorized to dispense with bidding in accordance with
Section 3.20.060 of the Bakersfield Municipal Code.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULUVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: AG"'~{;c~Jœ~';"
'--_// ALAN-f}: A ·-Y-
<:,=.m
Deputy City Attorney
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G:\GROUPDA T\ADMINRPT\2004\01·14\Emergency Resolution.doc