HomeMy WebLinkAbout05/26/04_CC_AGENDA_PACKET(30 min)
(Ward 7)
(Ward 5)
(Ward 7)
BAKERSFIELD CITY COUNCIL
AGENDA
MAY 26, 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. WORKSHOP
a. Budget Presentations.
1. City Attorney (Staff Presentation by Ginny Gennaro, City Attorney)
Finance Department and Revenue Overview (Staff Presentation by Gregory Klimko, Finance
Director)
PUBLIC STATEMENTS
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of May 12, 2004.
Payments:
Approval of department payments from April 30, 2004 to May 13, 2004 in the amount of
$6,157,704.18 and self insurance payments from April 30, 2004 to May 13, 2004 in the amount
of $103,090.42.
Ordinances:
First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 102-23) fo Title 17 of
the Municipal Code by changing the zoning from a Planned Commercial Development (PCD)
zone to a Revised Planned Commercial Development (PCD) zone to allow a Recreational
Vehicle Park with 227 spaces and related uses on 16.32 acres located on the southwest corner
of Pacheco and Wible Roads. (ZC 04-0220)
First Reading of Ordinance amending Section 12.44.031 of the Municipal Code relating to
special permits for downtown promotions.
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-07 to change the zoning district from A-20A
(Agriculture-20 Acre Minimum) to R-1 (One-Family Dwelling) on 60 +/- acres located along the
north side of Panama Lane approximately one-fourth mile west of Buena Vista Road. (ZC 03-
1473) (First Reading May 12, 2004)
Adoption of Ordinance adopting the Negative Declaration and approving the proposed
amendment to Title 17 of the Municipal Code and Zoning Map No. 123-26 to change the zoning
from R-2 (Limited Multiple-Family Dwelling) to PCD (Planned Commercial Development) on 15
acres located 570 feet south of Panama Lane, adjacent on the west side of Wible Road and
upholding the appeal of the applicant, as revised. (ZC 03-1537) (First Reading May 12, 2004)
(Ward 7)
(Ward 3)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 2)
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to R-l/CH (One
Family Dwelling-Church) on 7.28 _+ acres, located south of Panama Lane, east of Stine Road,
north of the Arvin-Edison Canal (Ridgeview Family Worship Center). (ZC 03-1540) (First
Reading May 12, 2004)
Adoption of Ordinance adopting the Negative Declaration and approwng the proposed
amendment to Title 17 of the Municipal Code and Zoning Map No. 103-13 to change the zoning
from R-1 (One Family Dwelling) to R-2-CH (Limited Multiple-Family Dwelling-Church) on 29.56
acres located adjacent on the south side of Paladino Drive, approximately a quarter mile west
of Morning Drive and upholding the appeal of the Development Services Director. (ZC 03-
1545) (First Reading May 12, 2004)
Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020
(Zone Map No. 102-30) of Title 17 of the Municipal Code by changing the zoning from an R-2
(Limited Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone on 9.97
acres to allow development of 68 multiple family units (17 four-plex buildings) and a private
recreational area located on the north side of Brimhall Road, 1,000 feet east of Jewetta
Avenue. (Engineer: Mclntosh & Associates/Developer: Lakshmana Arasu) (ZC 04-0158) (First
Reading May ~2, 2004)
Resolutions:
Resolution ordering Change of Proceeding and authorizing additional improvement work for
Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial).
k. Assessment District No. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III):
Resolution accepting petition and determining to undertake special assessment
proceedings.
2. Resolution of Intention No. 1336.
3. Resolution approving boundary map.
4. Agreement with Wilson & Associates for assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
6. Agreement with Pillsbury Winthrop, LLP, Disclosure Counsel, for legal services.
Resolution of Intention No. 1337 ordering the vacation of the south 126 feet of the the 30 foot
wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street.
m. Bakersfield Police Activities League "Pass Through" Grant:
Resolution authorizing the City to act as the unit of local government to "pass-through"
funding, not to exceed $172,000.00, to the Bakersfield Police Activities League in
compliance with Title V Grant funding.
Appropriate $172,000.00 in Title V Grant funding to the Police Department General
Fund Operating Budget for "pass through" to the Bakersfield Police Activities League.
2
(Wards 6,7)
(Ward 4)
(Wards 1,4,7)
CONSENT CALENDAR continued
Resolutions of Application proposing proceedings for annexation of uninhabited territory to the
City property identified as Annexation No. 463 located on the south side of McKee Road,
between Wible Road and State Highway 99, and , Annexation No. 464 located south of
McCutchen Road generally east of Ashe Road.
o. Changes to Salary Schedule, New Job Specification and Position Reclassification:
Amendment No. 12 to Resolution No. 122-01 approving Memorandum of
Understanding for employees of the General Supervisory, Police Supervisory and
Management Units and adopting salary schedule and related benefits for Utilities
Manager.
2. New Job Specification for Utilities Manager
3. Reclassification of Wastewater Manager position to Utilities Manager position.
Amendment no. 10 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit (Service Maintenance Worker-Temp)
Resolution approving a grant application by the Police Department for receipt of the State of
California Off Highway Motor Vehicle Recreation Trust Funds for off-highway vehicle
enforcement funding and equipment purchase.
q. Sale of Real Property:
Resolution declaring real property located north of 8400 Stockdale Highway surplus to
the needs of the City.
Agreement with Bakersfield University Partners, a California limited partnership to
purchase property located north of 8400 Stockdale Highway for $200,000.00.
Amendment No. 1 to Resolution No. 198-03 changing the July and August meeting dates of
Regular City Council Meetings for 2004.
Agreements:
s. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar
Bakersfield, Inc., Tract 6077 Unit 11 located north Pacheco Road and east Mountain
Vista Drive.
Final Map for Tract 6140 Phase 8 and Improvement Agreements with ADH Corporation
for Tract 6140 Phases 7 & 8 located south of State Route 58 and east of Oswell Street.
Final Map and Improvement Agreements with Bakersfield Land Development for Tract
6061 located north of Reina Road and east of Allen Road.
Final Map and Improvement Agreement with Granite Pointe, LLC, for Tract 6095 Phase
3 located south of Berkshire Road and east of Wible Road.
(Ward 4)
(Ward 2)
(Ward 7)
(Ward5)
CONSENT CALENDAR continued
aa.
Bids:
bb.
CC.
ee.
Pipeline License Agreement with Burlington Northern and Santa Fe Railway Company
($3,500.00) to allow the City to construct the Allen Road Sewer Project where it crosses the
railroad tracks near Allen Road and Hageman Road.
Agreement with Berkshire Properties, Inc. to purchase real property at the southeast corner of
24~h and Oak Streets for $2,220,000.00 for a future interchange realignment and drainage.
Agreement with Greenfield County Water District for street cut repairs.
Goland and Roy v. Wright, City, et al case:
Agreement with Michael G. Marderosian, Marderosian, Runyon, Cercone, Lehman &
Armo to provide outside legal services (not to exceed $50,000.00)
Agreement with Larry F. Peake, Wall, Wall & Peake, to provide outside legal services
for Landon Wright (not to exceed $50,000.00)
Amendment No. 2 to Traffic Impact Fee Agreement No. 02-354 with Stuart Thomas, Inc., dba
Lennox Homes, increasing impact fee credit by $431,367.00 for a total credit of $1,000,000.00
and including additional tract eligible to receive credit.
Amendment No. 2 to Agreement No. 02-258 increasing compensation by $800,000.00 (for a
revised not to exceed compensation of $3,800,000.00) with Granite Construction Company for
street materials in the Streets Division.
Amendment No. 2 to Agreement No. 01-166 with Delta Micro Imaging for Development
Services Department document file conversion to Laser Fiche or Micro Fiche formats.
Amendment No. 1 to Agreement No. 03-260, Transportation Impact Fee Agreement with Castle
& Cooke California, inc., for tracts located on Buena Vista Road and Allen Road increasing
Impact Fee Credit by $231,319.00 for a total credit of $559,405.00.
Accept bid from Three Way Chevrolet ($34,490.97) for one replacement utility vehicle for the
Fire Department.
Accept bid to award annual contract to Jim Alfter Cement Contractor, not to exceed the
budgeted amount of $800,000.00 for concrete work within the City.
Accept bid to award annual contract to Kern Turf Supply, Inc., not to exceed budgeted amount
of $65,000.00 for irrigation parts and supplies for Parks Department.
ThinkCentre PC's and Monitors (375):
1. Accept bid from Insight Public Sector ($201,040.00) for 150 replacement computers
and monitors.
2. Authorize purchase of 225 replacement computers and monitors ($301,560.75) from
Insight Public Sector if funds are approved in FY 2004-2005 Budget.
4
4. CONSENT CALENDAR continued
Miscellaneous:
ff. Assistance Lea[lue of Bakersfield:
1. Appropriate $1,050.00 US Environmental Protection Agency, Brownfield Revolvin9 Loan
Pro[lram Funds to the Old Town Kern Operatin[l Bud[let to address environmental
cleanup issues associated with a commercial buildin[l located at 1924 Q Street.
2. Appropriate $10,000.00 Old Town Kern Project Area Operatin[l Fund Balance to the
Economic and Community Development Operatin[l Bud[let for escrow closin[l costs and
final environmental testin[l for 1924 Q Street.
[l[l. Appropriate $170,000.00 Sewer Enterprise Fund balance to the Public Works Department's
operatin[l bud[let for unanticipated operational expenses.
hh. Appropriate $176,500.00 from Office of Emer[lency Services Revenue to the General Fund Fire
Department Operatin[l Bud[let to reimburse expenditures.
ii. Authorization for City Mana[ler to submit a Community Voice Opinion re[lardin[l Governor
Schwarzene[l[ler's bud[let proposal.
Staff recommends adoption of Consent Calendar items a through ii.
CONSENT CALENDAR HEARINGS
Public Hearin9 to consider an increase in the monthly readiness to serve char[le and quantity
rate for the City Domestic Water system.
1. Resolution establishin[l domestic water rates for Ashe, Fairhaven and Riverlakes Ranch
service areas of the City Domestic Water System.
Staff recommends Council open the hearing, accept public input and continue hearing to the June 23,
2004 meeting for further comment and action.
6, CLOSED SESSION
a. Closed Session pursuant to Government Code Section 54957.6; Conference with Labor
Negotiator.
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. 1) Melanie Billings v City, et al and, 2) Goland and
Roy v Wright, City, et al.
RECONVENED MEETING - 7:00 p.m.
(Ward 2)
(Wards 4,5,6&7) a.
8.
9.
ROLL CALL
INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church.
PLEDGE OF ALLEGIANCE by Andrew Hudson, 5th Grade Student at Olive Drive Elementary School.
CLOSED SESSION ACTION
11.
t2.
13.
14.
(Ward 2)
15.
16.
PRESENTATIONS
a. Presentation by Debra Smith, Director, Emerging Markets and Public Programs, for HealthNet,
of a HealthNet grant in the amount of $25,000.00 for the MLK Afterschool Program.
PUBLIC STATEMENTS
HEARINGS - Council may hear Consent headng items listed but not heard at 5:15 pm po/tion of meeting
a. Public Hearing to consider Resolution making application to LAFCO to amend the City's Sphere
of Influence and approval and adoption of a Negative Declaration. (StaffcommentsbyJackHardisty,
Development Services Director)
Staff recommends adoption of resolution, approval of Negative Declaration and direct staff to make
application to LAFCO to amend the Sphere of Influence.
DEFERRED BUSINESS
a. Correction of construction financing timeline detail for Agreement No. 04-002(1) with D.W.
Sivers Company to sell real property.
Staff recommends approval of the corrected financing timeline detail outlined in the amendment.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
5/21/04 11:08 am
AGENDA HIGHLIGHTS
MAY 26, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
The City Attorney's office and the Finance Department will give their budget presentations. There will
also be an overview of the City's revenues.
CONSENT CALENDAR
Ordinances:
Item 4c. First Readinq of an Ordinance Amendinq the Municipal Code on 6.32 acres located on the
southwest corner of Pacheco and Wible Roads. The proposal is to change the zoning from a Planned
Commercial Development (PCD) zone to a Revised Planned Commercial Development (PCD) zone to
allow a Recreational Vehicle Park with 227 spaces and related uses on the site previously used as the
Crest Drive-In.
The primary changes proposed with this zone change are: 1) Covering the canal located along Wible
Road; 2) Reduction in the size of the restaurant; and 3) Modification to allow reduction in the number of
standard parking spaces. The applicant agrees to all conditions as stated in the exhibits attached to the
ordinance. The zone change was unanimously approved by the Planning Commission.
Item 4d. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Special Permits for
Downtown Promotions. The Downtown Business and Property Owners' Association (DBA) asked
Council to allow additional, small-scale events, such as open-air markets, in the Downtown area. The
proposed location is modified from the existing ordinance as a result of several problems, which are
outlined in the Administrative Report. This ordinance change gives the DBA greater latitude to work with
more businesses throughout the Downtown area. The matter is being reviewed by the Legislative and
Litigation Committee on May 24th. Should there be any changes subsequent to the meeting, staff will
supply a supplemental memorandum.
Resolutions:
Item 4m. Resolution Authorizina the Police Department to Act as the Unit of Local Government to "Pass-
Throuqh" Fundinq in an amount not to exceed $172,000 to the Bakersfield Police Activities Lea(]uu
(BPAL) in Compliance with Title V Grant Fundinq. It was recently determined by the State administratin~j
agency that the BPAL was not eligible for Title V Grant funding because it is a community-based
organization, not a unit of general local government. In order to become eligible, BPAL will need to make
arrangements with the City of Bakersfield to become the subgrantee. The $172,000 will be appropriated,
then "passed-through" to BPAL.
Item 4p. Resolution Approvinq a Grant Application by the Police Department for Off-Hiqhwa¥ Vehicle
Enforcement Fundinq and Equipment Purchase. The Police Department is requesting approval to apply
for a Law Enforcement Grant in the amount of $23,328, and an Equipment Grant in the amount of
$25,400 from the State Department of Parks and Recreation of Off-Highway Motor Vehicle Recreation.
A minimum of 25% of matching funds in kind are required as part of the process. The State has placed
restrictions on the use of the money, in that the funds would be used to supplement, not supplant, the
existing budget.
Agenda Highlights
May 26, 2004
Page 2
Item 4q. Sale of Real Property Located North of 8400 Stockdale Hi(3hwav in an amount oavable to the
City of $200,000. Bakersfield University Partners acquired the property north of the former Cooper's
Nursery on Stockdale Highway for the purpose of subdividing and developing the property. In order to
create more usable parcels, they have requested to purchase a portion of the City's adjoining Kern River
Canal. The Water Resources Department recommends the sale providing that an easement is reserved
to allow for future inspections, maintenance and repairs.
Item 4r. Amendment No. 1 to Resolution No. 198-03 Chanqinq the July and Auaust Meetina Dates of
Reqular Council Meetinas for 2004. The League of Cities meeting is in conflict with the current City
Council schedule. This revised calendar is proposed to eliminate the conflict for Councilmembers. Staff
is recommending the July 28~h meeting be changed to July 21st and the August 25th meeting be changed
to August 18th,
Aqreements:
Item 4u. Aqreement with Berkshire Properties, Inc. to Purchase Real Property at the Southeast Corner
of 24th and Oak Streets for a Future Interchanqe Realiqnment in the amount of $2,220,000. The property
(4.16 acres) is being purchased now, while it is vacant, to avoid having to purchase improved properties
in the future for a planned interchange. A portion of the property will be used as a drainage retention
basin for the surrounding neighborhood.
Item 4x. Amendment No. 2 to Aqreement No. 02-354(1) to Increase the Traffic Impact Fee Credit from
$431.367 to $1.000.000. Amendment No. I increased the Transportation Impact Fee for Tract 6064.
Subsequently, it was found that staff made an error in calculating the available credit amount and the
Developer (Stuart Thomas, Inc. dba Lenox Homes) was, in fact, eligible for a higher credit. Additionally,
the Developer asked to include Tract 6192 and Tract 6210 under this amendment.
Item 4,/. Amendment No. 2 to Aqreement No. 02-258 Increasina the Comoensation to Granite
Construction Company for Street Materials for the Streets Division by $800,000 (for a revised not to
exceed compensation of $3,800.000~. Street reconstruction projects and extensive preventive
maintenance has caused the City to need more street material than anticipated. Staff estimates that the
current contract amount will be exhausted before the contract expires on September 16, 2004.
Item 4aa. Amendment No. 1 to Aqreement No. 03-260 Transportation Impact Fee Aqreement with
Castle & Cooke California, Inc., Increasinq the Impact Fee Credit by $231,319 for a total credit of
$559,405. Castle & Cooke California, Inc. has constructed additional improvements on Allen Road (west
and east sides), from White Lane to Chamber Boulevard in association with developing tracts at Ming
Avenue and Allen Road. Additional Transportation Impact Fee credit is available for the additional work.
Bids:
Item 4cc. Award Annual Contract to Jim Alfter Cement Contractor for Concrete Work in a not-to-exceed
budaeted amount of $800,000. This contract provides for concrete work and repairs on curbs, gutters,
sidewalks, etc. Invitations to bid were sent to 22 vendors. One acceptable bid was received. Staff
recommends award to Jim Alfter.
Miscellaneous:
Item 4ff. Assistance Lea(]ue of Bakersfield. On January 5, 2004, the Redevelopment Agency approved
a request to grant the Assistance League $50,000 to be used to cleanup identified environmental and
hazardous materials at 1924 "Q" Street. Funds will be provided from an EPA Grant. As part q! the
Disposition and Development Agreement, the Agency also agreed to provide financial assistance for
related escrow costs associated with the building acquisition. The Assistance League intends to acquire
Agenda Highlights
May 26~ 2004
Page 3
and occupy this property in the near future as a component of the SE commercial development planned
on California Avenue.
Escrow is scheduled to close by June 1, 2004. In order to assure the timeliness of the required
relocation, staff obtained bids for the environmental work. The lowest qualified bid received exceeds the
original estimated $50,000 cost by approximately $1,050 for the environmental clean-up work. In
addition, funds are needed for escrow closing and final environmental testing at the close of escrow.
These actions increase the total cost for the cleanup and related escrow and testing expenses to
approximately $61,050. The additional funds are available from a combination of resources; $1,050 from
the EPA revolving loan funds and $10,000 from Old Town Kern Project Area - Tax Increment funds.
The disbursement of these funds is contingent upon the successful acquisition of 1924 "Q" Street by the
Assistance League.
Item 4ii. Authorization for City Manaaer to Submit a Community Voice Ooinion reaardina Governor
Schwarzeneaaer's Budaet Prooosal. Vice Mayor Couch requested that staff draft an opinion
documenting Council's position regarding the Governor's budget proposal. Staff was directed to develop
this information in a manner that could be disseminated to citizens of the City of Bakersfield. The item is
to be sent to the "Community Voices" and it is proposed that all the City elected officials sign it.
CONSENT CALENDAR HEARINGS
Item 5a. Public Hearinq to Consider an Increase in the Monthly Readiness-to-Service Char(]e and
Quantitv Rate for the City of Bakersfield Domestic Water System. Due to new water supply programs,
the cost of meeting water quality standards and addressing security issues of the federal Homeland
Security Act, overall expenditures have increased 7.5%. In accordance, staff recommends the following
rate increases: The base rate will increase from $7.95 per month to $8.90, which is an increase of $0.95;
and the usage rate will increase from $0.56 per unit to $0.59. A typical residential customer will see a
total increase of $1.79 per month. If approved, the increases will become effective October 1. 2004. To
date, no written protest letters have been received by the City Clerk's office.
CLOSED SESSION
There are two closed session items: 1) conference with labor negotiator; and 2) conference with legal
counsel regarding two cases of existing litigation.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
HEARINGS
Item 13a. Public Hearinq to Consider Resolution Makinq Application to LAFCO to Amend the City's
Sohere of Influence (SOl) and Approval a, nd Adootion of a Ne(]ative Declaration. Because of
Bakersfield's unprecedented growth, it is necessary to amend the Sphere in order to provide adequate
area for future expansion. The proposed amendment would add approximately 23.2 square miles to the
current Sphere area. There are eight distinct areas, seven of which are west of Highway 99, proposed
for inclusion. Property owners or their authorized representatives have requested inclusion in the
proposal. No annexations are proposed with this request. No public agency has expressed any
negative comments on the project.
In 2003 the City grew by more than 1,000 people a month. Some areas of Southwest Bakersfield have
no room for growth. Any future urban growth in these areas must be in the unincorporated area without
City services under the current Sphere. Without this amendment, there will be a significant shift in the
pattern of development resulting in inefficient provision of government services and an illogical urban
boundary.
Agenda Highlights
May 26, 2004
Page 4
DEFERRED BUSINESS
Item 14a. Correction of Construction Financinq Timeline Detail for Amendment #1 to the Contract to Sell
Real Property Aqreement Number 04-002 between D.W. Sivers Company and the City. At the last
meeting, the City Council requested specific requirements be incorporated into the amendment to include
the following: 1) the construction-pedormance bond covers the entire project; 2) the project design be of
an "Urban Village Design" concept such as the concept that was presented to Council; 3) the City has
the "First Right of Refusal" to purchase the property from the lender if the property falls into foreclosure
with the lender; and 4) the Developer completes the financing within 60 days for the purchase of 1924
"Q" Street and the construction of the theater.
The developer has informed us that due to the many urban design changes to the project, it is necessary
to refine the design plans and obtain new construction estimates before they can obtain their
construction financing for the planned first phase of the commemial project. The developer is ready to
complete the financing required for the acquisition of 1924 "Q" Street, which is the property needed to
exchange with the Assistance League. The amendment currently allows the developer until December
31, 2006 to finance and construct the project. To clarify the financing information, staff is requesting that
the 60-day financing timeline language in the amendment be applicable only to the 1924 "Q" Street
property acquisition.
This project has gone through several evolutions since the original City Center plan. Over the ensuing
months, continued progress has been made by the parties towards identifying a planning concept of a
quality urban village to include: theaters, retail, restaurants, office and housing. Additionally, during
these months, a new development entity has been created and all of the land required for the first phase
of the commercial project has either been acquired or secured for acquisition by the developer,
demonstrating a significant capital investment in the project.
Approved:
John W. Stineon ./7 .,.'~..
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 12, 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
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan (seated at
5:20 p.m.), Salvaggio
Absent: None
ACTION TAKEN
(30 min)
WORKSHOP
Presentation of the Proposed FY 2004-05 Budget.
(Staff presentation by Alan Tandy, City Manager)
Alan Tandy, City Manager gave a presentation on
the Proposed FY 2004-05 Budget.
Motion by Maggard to direct staff to send a letter
with the strongest possible terms expressing the
Council's adamant disapproval and displeasure
with the League of California Cities concerning the
Governor's compromise to spread the cost of the
State's debt.
Vice-Mayor Couch requested staff provide the current
percentage of State budget cuts versus the City's
budget cuts since the date the State recognized the
magnitude of the budget deficit.
PUBLIC STATEMENTS
Bob Bradley spoke regarding the oil and gas
shortages.
CONSENT CALENDAR
City Clerk McCarthy announced that due to time
constraints, Agenda Item 4, Consent Calendar and Item 5,
Consent Calendar Hearings will be considered and acted
upon during the 7:00 p.m. portion of the meeting.
Motion by Vice-Mayor Couch to recess to Closed Session
6:02 p.m.
CLOSED SESSION
Closed Session pursuant to Government Code Section
54957.6; Conference with Labor Negotiator.
APPROVED
MOVED FORWARD
ON AGENDA
SEE PAGE 2
Bakersfield, California, May 12, 2004 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. 1) Abrego, et al
v City, 2) Goland and Roy v Wright, City, and 3) City v
NAPG, et al.
Conference with Legal Counsel - Potential Litigation;
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9. One potential case.
Motion by Benham to adjourn from Closed Session
at 6:46 p.m.
ACTION TAKEN
APPROVED
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
8. INVOCATION by Councilmember Mike Maggard
9. PLEDGE OF ALLEGIANCE by Jackie Rubalcado, 5t~ Grade
Student at Voorhies Elementary School.
10. CLOSED SESSION ACTION
a. Closed Session pursuant to Government Code Section
54957.6; Conference with Labor Negotiator.
11.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. 1) Abrego, et al
v City, 2) Goland and Roy v Wright, City, and 3) City v
NAPG, et al.
Conference with Legal Counsel - Potential Litigation;
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9. One potential case.
PRESENTATIONS
Presentation by Mayor Hall of a Retirement Plaque
and Gift Certificate to Thomas A. Richardson for 20
years of service with the City.
Presentation by Mayor Hall of Proclamation to Ross
Elliott, Director of Kern County Department of Emergency
Medical Services, proclaiming May 16 - 22, 2004, as
"Emergency Medical Services Week".
NO T HEARD
DUE TO TIME
CONSTRAINTS
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
2
11.
12.
Bakersfield, California, May 12, 2004 - Page
PRESENTATIONS
Mr. Ross Elliott thanked the Council and Lewis Cox,
of Hall Ambulance presented the Council and Mayor
with appreciation gifts.
Mayor Hall acknowledged the Government Class
students from Stockdale and Ridgeview High
Schools.
PUBLIC STATEMENTS
Robert Scales spoke regarding transient outdoor
business permit code review.
Vice-Mayor Couch and Councilmember Salvaggio
requested staff respond in writing to Mr. Scales
regarding the City's Code and the reasons for the
regulations.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of April 28, 2004.
Payments:
Approval of department payments from April 16, 2004 to
April 29, 2004 in the amount of $8,869,640.93 and self
insurance payments from April 16, 2004 to April 29, 2004
in the amount of $257,643.53.
Ordinances:
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-26 from R-1 (One
Family Dwelling) to R-l/CH (One Family Dwelling-
Church) on 7.28 + acres, located south of Panama
Lane, east of Stine Road, north of the Arvin-Edison
Canal (Ridgeview Family Worship Center).
First Reading of Ordinance adopting the Negative
Declaration and amending Section 17.06.020 (Zone
Map No. 102-30) of Title 17 of the Municipal Code
by changing the zoning from an R-2 (Limited
Mulitple Family Dwelling) zone to a PUD Planned
Unit Development) zone on 9.97 acres to allow
development of 68 multiple family units (17 four
plex buildings) and a private recreational area
located on the north side of Brimhall, 1,000
feet east of Jewetta Avenue. (Engineer: Mclntosh
and Associates/Developer: Lakshmana Arasu)
ACTION TAKEN
FR
FR
Bakersfield, California, May 12, 2004 - Page 4
4. CONSENT CALENDAR continued
Resolutions:
Resolution adding territory, Area 1-46 (Jewetta,
Noriega NW-II) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Resolution proposing Expansion No. 20 of the
boundaries of the Southeast Metropolitan
Bakersfield Enterprise Zone.
Resolution approving State funding assistance for
obtaining a potential off-highway vehicle park.
h4
Amendment No. 1 to Resolution No. 198-03 setting
the dates of Regular City Council Meetings, Department
Budget Presentations, and Budget Hearings for January
through December 2004.
Resolutions of Application proposing proceedings for
annexation of uninhabited territory to the City
property identified as Annexation No. 461 located
at the southwest corner of Reina Road and Allen
Road, and, Annexation No. 462 located at the
southeast corner of Hosking Avenue and South
Union Avenue and along the north side of Rosedale
Highway, generally west of Henry Lane.
Resolution approving development plan review for
construction of 416 multiple family dwellings in two
phases of 208 units on 27.36 acres zoned R-2
PUD (Limited Mulitple Family Dwelling-Planned Unit
Development) located at 4185 Patton Way and 7800
Meany Avenue. (Project No. 04-0233, Jim Ward
Architect/Meany Properties, LLC)
Agreements:
k. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with
GMAC Model Home Finance and Lennar
Bakersfield, Inc., Tract 6082 Units 5 & 7
located north of Pacheco Road and east
of Mountain Vista Drive.
Final Map and Improvement Agreement with
Harry Hardy for Tract 5944 Unit 4 located south
of McKee Road and west of Akers Road.
ACTION TAKEN
RES '178-04
REMOVED FOR
SEPARATE
CONSIDERATION
RES 180-04
REMOVED FOR
SEPARATE
CONSIDERATION
RES 181-04
RES '182-04
RES 183-04
AGR 04-111
AGR 04-112
AGR 04-113
4
Bakersfield, California, May 12, 2004 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Final Map and Improvement Agreements with
Machado Family Trust and Ringsdale Investment,
LLC, for Tract 6255 located north of Panama
Lane and east of Akers Road.
Agreement with Aquatic Club of Bakersfield to receive
rental revenue (one year term, not to exceed $60,000.00)
for rental of lanes at McMurtrey Aquatic Center.
Environmental Impact Report for General Plan Amendment/
Zone Change 04-0057 located generally south of Panama
Lane and west of Gosford Road (Gosford-Panama
Development Project):
Agreement with Gosford Panama Partners, LLC for
initial payment of $162,261.00 for the preparation of
an Environmental Impact Report (EIR).
Agreement with RBF Consultants ($124,816.00) to
prepare and Environmental Impact Report (EIR).
Appropriate $162,261.00 developer's contribution
to the Development Services operating budget
in the General Fund.
Amendment No. 3 to Agreement No. 00-9 with
Thyssenkrupp Elevator Corporation (increase of $45,000.00,
for a revised not to exceed compensation clause of
$125,000.00) to extend the term for elevator maintenance
in City facilities and to revise notification procedures.
Amendment No. 1 to Agreement No. 99-213 with SBC/MCI
WorldCom CALNET to extend telephone services.
Amendment No. 2 to Agreement No. 01-018 with
AmeriNational Community Services, Inc. ($34,000.00) to
extend the term of the agreement by two years for loan
processing services.
Earthmoving, Hauling and Equipment Rental Agreement:
Amendment No. 2 to Agreement No. 03-156 with
Gilliam & Sons, Inc. ($250,000.00 increase,
for a revised not to exceed compensation amount
of $770,000.00) for earthmoving and hauling services.
Appropriate $250,000.00 Solid Waste Fund Balance
to the Public Works Operating Budget.
AGR 04-114
AGR 04-115
AGR 04-116
AGR 04-'1'17
AGR 04-118
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 01-018(2)
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, May 12, 2004 - Page 6
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 04-002 with D. W.
Sivers Company to sell real property:
Remove language in the Conveyance Deed that
allows the property being conveyed by the City,
to revert back to the City if the property is not
developed and replace the language with the
requirement for a construction and performance
bond for the value of the construction loan to
assure development completion.
Extend the project completion deadline to
December 31, 2006.
Authorize the assignment of the Agreement to
Maya Cinemas.
s. Scoreboard repairs at Centennial Garden:
Amendment No. I to Agreement No. PW03-086
($20,000.00 for a revised contract amount of
$44,999.00) for scoreboard repairs at Centennial
Garden.
Appropriate $20,000.00 Capital Outlay Fund
balance to the Capital Improvement Budget.
t. Chester Avenue Streetscape Project:
Contract Change Order No. I to Agreement No.
03-348 with Granite Construction Company
($55,915.48 for a revised total amount of
$401,749.48) for the Chester Avenue Streetscape
Project between 34t~ Street and West Columbus.
Appropriate $20,000.00 Gas Tax Fund balance to
the Capital Improvement Budget.
Bids:
Miscellaneous:
Dedication of Property located approximately 1442 feet
east of Coffee Road and Meany Avenue:
Quitclaim Deed to Riverlakes Investment
Corporation, LLC. for a temporary flowage and
drainage easement, for sump purposes over
Parcel 18 of Parcel Map 10854.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
DEED 6079
Bakersfield, California, May 12, 2004 - Page 7
CONSENT CALENDAR continued
Quitclaim Deed to Riverlakes Investment Corporation,
LLC. for that portion of that certain easement for
canal purposes.
Appropriate $50,000.00 General Aviation Fund balance to
the Capital Improvement Budget for taxilane modifications
and utility installation at the Bakersfield Municipal Airport.
Motion by Vice- Mayor Couch to adopt Consent Calendar
Items a through v, with correction to item 4v, to identify
Ward 5 and separate consideration of Items f, h, n, o,
q, r, s, and t.
Resolution proposing Expansion No. 20 of the
boundaries of the Southeast Metropolitan
Bakersfield Enterprise Zone.
Motion by Carson to adopt Consent Calendar Item f.
Amendment No. I to Resolution No. 198-03 setting
the dates of Regular City Council Meetings, Department
Budget Presentations, and Budget Hearings for January
through December 2004.
Motion by Benham to remove Item h and bring back to
Council with recommended meeting dates.
Amendment No. 3 to Agreement No. 00-9 with
Thyssenkrupp Elevator Corporation (increase of $45,000.00,
for a revised not to exceed compensation clause of
$125,000.00) to extend the term for elevator maintenance
in City facilities and to revise notification procedures.
Motion by Hanson to adopt Consent Calendar Item n.
Amendment No. 1 to Agreement No. 99-213 with SBC/
MCI WorldCom CALNET to extend telephone services.
Motion by Hanson to adopt Consent Calendar Item o.
q. Earthmoving, Hauling and Equipment Rental Agreement:
Amendment No. 2 to Agreement No. 03-156 with
Gilliam & Sons, Inc. ($250,000.00 increase,
for a revised not to exceed compensation amount
of $770,000.00) for earthmoving and hauling
services.
ACTION TAKEN
DEED 6080
APPROVED
RES 179-04
APPROVED
APPROVED
AGR 00-9(3)
APPROVED
AGR 99-213(1)
APPROVED
AGR 03-156(2)
7
Bakersfield, California, May 12, 2004 - Page 8
CONSENT CALENDAR continued
Appropriate $250,000.00 Solid Waste Fund
Balance to the Public Works Operating Budget.
Motion by Maggard to adopt Consent Calendar Item q.
Amendment No. 1 to Agreement No. 04-002 with D. W.
Sivers Company to sell real property:
Remove language in the Conveyance Deed that
allows the property being conveyed by the City,
to revert back to the City if the property is not
developed and replace the language with the
requirement for a construction and performance
bond for the value of the construction loan to
assure development completion.
Extend the project completion deadline to
December 31, 2006.
Authorize the assignment of the Agreement to
Maya Cinemas.
Motion by Sullivan to adopt Consent Calendar Item r. with
revised language to include, developer to obtain a bond
with a reputable bonding company which will cover the
entire developer project; developer must submit urban
village site plans to Council for approval; City to have first
right of refusal; and a 60~day finance completion date for
1924 Q Street and theater financing.
s. Scoreboard repairs at Centennial Garden:
Amendment No. I to Agreement No. PW03-086
($20,000.00 for a revised contract amount of
$44,999.00) for scoreboard repairs at Centennial
Garden.
Appropriate $20,000.00 Capital Outlay Fund
balance to the Capital Improvement budget.
Motion by Hanson to adopt Consent Calendar Item s.
t. Chester Avenue Streetscape Project:
Contract Change Order No. I to Agreement No.
03-348 with Granite Construction Company
($55,915.48 for a revised total amount of
$401,749,48) for the Chester Avenue Streetscape
Project between 34th Street and West Columbus.
ACTION TAKEN
APPROVED
AGR 04-002(1)
AGR 04-003(1)
APPROVED
ABS COUCH
AGR 04-119
APPROVED
AGR 03-348CC0(1)
Bakersfield, California, May 12, 2004 - Page
CONSENT CALENDAR continued
Appropriate $20,000.00 Gas Tax Fund balance to
the Capital Improvement Budget.
Motion by Maggard to adopt Consent Calendar Item t.
Mayor Hall recessed the meeting at 8:40 p.m. and reconvened at
8:50 p.m.
CONSENT CALENDAR HEARINGS
Consolidated Public Hearing to consider Resolution
denying the appeals by Mclntosh & 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.
Staff recommends continuance of hearing to the first meeting
in August.
General Plan Amendment/Zone Change 03-1473;
SMITHTECH/USA, Inc. has proposed a general plan
amendment and an ordinance amendment on 60_+ acres
along the north side of Panama Lane approximately
one-fourth mile west of Buena Vista Road.
Resolution approving the negative declaration and
approving the general plan amendment to change
the land use designation from R-IA (Resource-
Intensive Agriculture) to LR (Low Density Residential).
First Reading of Ordinance adopting the negative
declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-07 to change
the zoning district from A-20A (Agriculture-20 Acre
Minimum) to R-1 (One-Family Dwelling).
Staff recommends adoption of resolution adopting the negative
declaration, approving the General Plan Amendment and give
first reading to the ordinance.
ACTION TAKEN
APPROVED
CONTINUE HEARING
TO FIRST MEETING
IN AUGUST
RES 184-04
FR
13.
Bakersfield, California, May 12, 2004 - Page
CONSENTCALENDARHEARINGS
General Plan Amendment/Zone Change 03-1545;
Blumer Development is proposing a multi-family
residential development, with the Church combining
zone, on 29.56 acres located adjacent on the south
side of Paladino Drive, approximately a quarter mile
west of Morning Drive. Conditions of approval have
been appealed by the Development Services Director.
Resolution adopting the negative declaration
and approving the General Plan Amendment to
change the land use designation from LR (Low
Density Residential) to HMR (High Medium
Density Residential) on 29.56 acres.
First Reading of Ordinance adopting the negative
declaration and approving the proposed amendment
to Title 17 of the Municipal Code and Zoning Map
No. 103-13 to change the zoning from R-1 (One
Family Dwelling) to R-2-CH (Limited Multiple-Family
Dwelling-Church) on 29.56 acres.
Staff recommends adoption of resolution upholding the appeal
and give first reading to the ordinance.
Hearings 5a., 5b. and 5c. opened at 8:52 p.m.
No one spoke.
Hearings 5b. and 5c. closed at 8:53 p.m.
Motion by Vice-Mayor Couch to approve Consent Calendar
Hearing items 5.b and 5.c. and continue 5a. to the first meeting
to be held in August.
HEARINGS
Public Hearing to consider Resolution denying the
appeal, upholding the Planning Commission's adoption
of the negative declaration, and approval of Vesting
Tentative Parcel Map 11013 located on the west side
of Masterson Street, north and south of State Route 178.
(Appellant: Renee Nelson by Herum Crabtree and
Brown/Engineer: Mclntosh & Associates/Subdivider:
S & J Alfalfa Inc. and Mountain Vista Bravo, LLC)
Correspondence was received from Brett S. Jolley, on
behalf of Renee Nelson and Michael S. Abril, on behalf
of Mountain View Bravo regarding a settlement agreement
between the two parties.
ACTION TAKEN
RES f85-04
FR
APPROVED
RES f86-04
]0
Bakersfield, California, May 12, 2004 - Page
13. HEARINGS, continued
ACTION TAKEN
Staff comments by Development Services Director Hardisty.
Hearing opened at 8:56 p.m.
No one spoke.
Hearing closed at 8:56 p.m.
Renee Nelson responded to questions of Councilmember
Maggard and Councilmember Salvaggio.
Mike Abril, of Borton, Petrini and Conron, responded to
questions of Councilmember Salvaggio.
Motion by Maggard to adopt resolution upholding the
Planning Commission's decision to approve the Negative
Declaration and Vesting Tentative Parcel Map 11013 and deny
the appeal.
APPROVED
General Plan AmendmentJZone Change 03-1537; Derrers
Mini Storage, Inc. (c/o Marino & Associates) is proposing
a mini-storage and recreational vehicle (RV) storage facility
on 15 acres located on the west side of Wible Road, just
south of Panama Lane. Conditions of approval have been
appealed by the applicant.
Resolution adopting the negative declaration and
approving the General Plan Amendment to change
the land use designation from HMR (High
Medium Density Residential) to GC (General
Commercial) on 15 acres.
RES 187-04
First Reading of Ordinance adopting the negative
declaration and approving the proposed amendment
to Title 17 of the Municipal Code and Zoning Map No.
123-26 to change the zoning from R-2 (Limited Multiple
Family Dwelling) to P.C.D. (Planned Commercial
Development) on 15 acres.
FR
Correspondence from Development Services Director Hardisty,
dated May 6, 2004, regarding revised appeal to conditions of
approval.
Staff comments by Development Services Director Hardisty.
Hearing opened at 9:09 p.m.
l!
13.
14.
Bakersfield, California, May 12, 2004 - Page 12
HEARINGS, continued
Jim Marino, representing Derril's Mini Storage, and Paul
Ridenhour spoke in support of the recommendation.
Hearing closed at 9:16 p.m.
Motion by Councilmember Salvaggio to adopt the resolution
and give first reading to the ordinance with the revised
conditions outlined in the May 6, 2004 memorandum from
Development Services Director Hardisty:
· 35 ft light poles
40 ft. camera poles
· wood poles for lighting and security cameras prohibited
· type of lighting and camera poles (materials, height,
colors) to be approved by Planning Director
· all lights within 250 ft of western project boundary line
shall be on a timer and will be turned off no later than
9:00 p.m.
REPORTS
Planning and Development Committee Report concerning
air pollution mitigation.
Correspondence received from Mary Jane Wilson, on behalf of
WZI, and Robert P. Lusich, on behalf of The Lusich Company, in
opposition to the recommendation.
Staff comments by Development Services Director Hardisty.
Jess Frederick, and Mary Jane Wilson, of WZl; Brian Todd,
of the BIA; Dave Demohouski, of Projects Design Consultants;
and Gordon Nipp, of Sierra Club, were recognized to speak
regarding the Committee Report.
Vice-Mayor Couch requested staff send a letter to the
Sierra Club providing information on a volunteer air pollution
mitigation program.
Motion by Vice-Mayor Couch to receive and file report;
adopt the staff recommendation that a voluntary program to
reduce subdivision air impacts to zero be developed to see
if that would break the litigation cycle; and meet with the
interested parties.
ACTION TAKEN
APPROVED
APPROVED
15.
Bakersfield, California, May 12, 2004 - Page
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested Solid Waste contact Trinity
United Methodist Church on Niles Street to discuss removing
the dumpster and replacing it with a brown bin.
Councilmember Benham requested staff address the problem
of vulgar graffiti on the inside of the playground equipment
at Jastro Park.
Councilmember Benham requested the Legislative and
Litigation Committee review the Municipal Code sections
concerning farmer's markets downtown for possible revisions.
Councilmember Benham requested staff seek Redevelopment
Agency funding for creation of a "demonstration parking lot"
at the lot located at 20~ and K Streets.
Councilmember Benham requested staff to revisit the
enforcement of the 40% shade canopy rule in parking lots;
develop an approved tree list within 60 days; review the plan
check process to ensure the plans presented comply with
the 40% requirement; and possible review by qualified
arborist.
Councilemmber Benham requested appropriate staff meet
with DBA to address week-end safety issues downtown and
consider suggestions to include spotlights on for an hour
after business closing; PA system to promote a calming
atmosphere; and no street parking after 2:30 a.m.
After staff consideration, place on Legislative and Litigation
Committee agenda for discussion.
Councilmember Benham requested City Manager's Office
contact Robert Bealer, CEO, San Joaquin Hospital, to establish
a meeting with Economic Development Director Kunz and
Development Services Director Hardisty regarding the
hospital's proposed expansion.
Councilmember Benham expressed appreciation and commendation
to Police Officer Melvin Johnson for his efforts in evacuating
eight citizens from a burning home of 4th Street.
Councilmember Hanson requested Public Works Director
Rojas contact him regarding a speed bump issue.
Councilmember Hanson requested staff address the issue
of speeding on Kroll Way east of CSUB and staff to contact
him regarding an issue with Mr. Wofford.
ACTION TAKEN
Bakersfield, California, May 12, 2004 - Page ]4
15.
COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson requested staff revisit his request
regarding whether the $5 processing fee for a non-profit
business license is cost effective.
Councilmember Hanson requested staff clean-up areas
in the Maintenance District along Wilderness Drive
south of Harris Road.
Councilmember Maggard thanked the Police Department for
rectifying the problem of vandalism at the Medical facilities.
Councilmember Maggard thanked the Public Works staff for
addressing the issues at Alfred Harrell Highway.
Councilmember Maggard requested Mayor address a
letter to the Governor and Legislators concerning our
adamant disapproval of the League of California Cities'
support of the Governor's compromise.
Councilmember Maggard requested Council close tonight's
meeting in honor of Marvin Sprayberry, killed in action
in Iraq, who is the brother of Johnna Sprayberry, employee
of the Police Department.
Councilmember Salvaggio provided acknowledgment to
Building Director Dennis Fidler who recently retired.
Councilmember Sullivan provided an update on
on abandoned homes on Stine Road near Ridgeview.
Councilmember Sullivan thanked staff for cleanup of graffiti
on in the Stonecreek area.
Councilmember Sullivan thanked staff for repairing the
deep potholes and requested staff repair additional
potholes in front of South High SchooL
Councilmember Carson thanked those who supported her in
her efforts to attend the African American Leadership
Conference in Washington, D.C.
Councilmember Carson requested an update on the
Carnation Tract street improvements.
Councilmember Carson announced the 50-year anniversary
of Brown vs. Board of Education.
Vice-Mayor Couch requested the Fire Chief provide
information regarding the issue of Fire District creations.
ACTION TAKEN
]4
Bakersfield, California, May 12, 2004 - Page
15.
16.
COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Couch requested staff develop a process
regarding railroad crossing repairs and include steps
to follow in order to monitor progress with the railroad.
Vice-Mayor Couch requested staff advise the school districts
of the importance of right-hand decelleration lanes at the
schools.
Vice-Mayor Couch requested staff explore the possibility
of changing the style of the adopt-a-highway type signs
to use when someone adopts a portion of the bike path;
possibly a new design with a smaller, more aesthetic style;
and obtain input from the Kern River Parkway Committee.
Councilmember Maggard closed the meeting with a moment
of silence and prayer for the loss of Marvin Sprayberry.
ADJOURNMENT
ACTION TAKEN
Respectfully submitted,
Alan Tandy
City Manager
rg
5/19/04 4:30 pm
IMEETING DATE:
ADMINISTRATIVE REPORT
May 26, 2004
AGENDA SECTION: Workshop
ITEM: 2. O,.,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
May 18, 2004
Department Budget Presentations
1. City Attorney
2. Finance Department and Revenue Overview
DEPARTMENT HEAD
CITY ATI'ORNEY
CITY MANAGER
APPROVED
RECOMMENDATION:
BACKGROUND:
The City Attorney, and Finance Department will provide a detailed overview of their FY 2004-2005 proposed
operating budgets. The budget overviewwill include discussion regarding the goals, accomplishments, and
significant budget changes for the respective departments. The Finance Department will also provide an
overview of revenue projections included in the FY 2004-05 proposed budget.
DWH:jp
5/18/2004 9:43 AM
S:\04-05Budpro\Budget Hearings 052604.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
I ITEM: ~.0..
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
April 3, 2004
CITY MANAGER
Approval of minutes of the May 12, 2004 Council Meeting.
/~PPROVED
DEPARTMENTHEAI~ ~
CITY ATTORNEY
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 13, 2004
APPI~OVED
DEPARTMENT HEAD ./~fJ~//'
CITY ATTOR, N~Y~ ~
CITY MANAGER ~
Approval of department payments from April 30, 2004 to May 13, 2004 in the amount of
$6,157,704.18 and self insurance payments from April 30, 2004 to May 13, 2004 in the
amount of $103,090.42
RECOMMENDATION:
Staff recommends approval of payments totaling $6,260,794.60
BACKGROUND:
k~g
May 13, 2004, 11:03AM
S:\KimG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent
ITEM: L.[. 0_.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 10, 2004
APPROVED
DEPARTMENT HEAD ~)~
CITY ATTORNEY/' ~
CITY MANAGER ~
An Ordinance amending Section 17.06.020 (Zone Map No.102-23) of Title Seventeen of
the Bakersfield Municipal Code by changing the zoning from an Planned Commercial
Development (PCD) zone to a Revised Planned Commercial Development (PCD) zone to
allow a Recreational Vehicle Park with 227 spaces and related uses on 16.32 acres located
on the southwest corner of Pacheco and Wible Roads. (#04-0220) (Ward 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On April 15, 2004, the Planning Commission unanimously adopted Resolution No. 35-04
recommending adoption of the ordinance approving Zone Change No. 04-0220 to allow revision to
a previously approved recreational vehicle park and related uses located at the southwest corner
of Pacheco and Wible Roads. Ken Sorensen, representing property owner Edward Gene
Patterson, applied to change the zoning on 16.32 acres from a Planned Commercial Development
(PCD) zone to a Revised Planned Commercial Development (PCD) zone on the site previously
used as the Crest Drive-In.
The zone change consists of a change to the site plan for the recreational vehicle park (RV) and
proposes additional service related uses on 16.32 acres. The number of RV spaces has been
increased from 190 to 227 spaces for recreational vehicles. The proposed associated uses in the
RV park are similar to those previously approved. These uses include a manager's residence,
office, laundry, swimming pooP, playground, restaurant, cocktail lounge, and maintenance building.
The main access is from Wible Road. Secondary access for emergency and maintenance vehicles
will be from Pacheco Road. There is no access to any adjacent residential street from the project
site. The primary changes proposed with this zone change are as follows:
Coverinq the canal located alonq Wible Road: With the covering of the canal, the
developer will install standard street improvements along Wible Road, an arterial street,
including a 10-foot wide landscaping strip. Installing landscaping to City standard and a
masonry wall along Wible Road will address the previous aesthetic concerns regarding
the canal's chain link fence and limited room for landscaping along Wible Road. There
is room now to require a right turn deceleration lane along Wible Road.
ADMINISTRATIVE REPORT Page2
Reduction in the size of the restaurant with elimination of the banquet room: Previously, the
project include a full-service restaurant with banquet facilities and cocktail lounge. This use
had the potential to be rented for special events such as parties and wedding receptions.
The proposed change is to scale back the size of the restaurant and cocktail lounge fo
serve RV park customers and their guests.
Modification to allow reduction in the number of standard parkinq spaces: The proposed
plan depicts 56 parking spaces for standard cars. The project would require 94 parking
spaces if calculated in accordance with the City's Parking Ordinance. There is a shortage of
38 standard parking spaces. Although the City does not typically approve reduction of
parking spaces, staff recognizes the uniqueness of the proposed project, and that the
restaurant/cocktail lounge is intended to serve the RV customers and their guests. A
condition is included to limit the use of the restaurant/cocktail lounge to the RV customers
and their guests and it will not be open to the general public.
All of the landscaping, buffering, design features and operational conditions of approval required of
the original zone change have been incorporated into this revised plan. For example, the 20-foot
setback landscaped with an evergreen tree screen between the residentially zoned property on the
west and south sides and the first tier of RV spaces is provided. An 8 foot high masonry wall
would be constructed along the west boundary, and the existing 6 foot high wall along the south
boundary will remain. No one spoke in opposition to the request at the Planning Commission
hearing. The applicant agrees to all conditions as stated in the exhibits attached to the ordinance.
The 1.8 acres owned by ExxonMobile on much of the Pacheco Road street frontage shall remain
undeveloped. If the PCD zone is approved, a separate revised PCD zone change application must
be approved prior to any development for the ExxonMobile property.
The Negative Declaration adopted with the previous zone change (file # 01-0762) is applicable to
and appropriate for this project. Therefore, in accordance with CEQA section 15162, no further
environmental documentation is necessary because there are no substantial changes in
circumstances under which the project will be undertaken and no new environmental impacts have
been identified.
Jeng
Admin\5-26-0220
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~.
TO: APPROVED
FROM: DEPARTMENT HEAD ~
DATE: CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: First reading of the adoption of an ordinance amending Section 12.44.031 of the Bakersfield
Municipal Code relating to Special Permits for Downtown Promotions.
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 20, 2004
RECOMMENDATION: Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND: The Downtown Business and Property Owners' Association (DBA) have asked the City
Council to allow additional small-scale events, such as open-air markets, in the Downtown area. Activities
associated with open-air markets may include a farmer's market, food service (e.g. barbeques), and the
display of products supplied by downtown businesses, such as art galleries and retail shops. The
proposed location is the alley between 20th and 21st Street, Chester Avenue and "K" Street. The existing
ordinance only allows open-air markets to be conducted on Wall Street Alley between Chester Avenue
and "H" Street and along Eye Street from 19th Street to Wall Street Alley.
Last year, when the DBA held the open-air markets in Wall Street, the location proved to be problematic.
The early hours of the farmers' market (4:30 p.m.) created a conflict with tenants of the Sill Building who
exit through to the alley from the underground parking lot until 6 p.m. Farmers' market hours need to start
early to provide downtown employees an opportunity to purchase produce on their way home from work.
Additionally, east/west exposure of the alley proved to be very hot, not cooling down until later in the
evening.
The request to allow open-air markets in another part of downtown can be accomplished by amending the
section of the Bakersfield Municipal Code that specifically addresses special permits for downtown
promotions. The proposed change would allow the DBA to apply to the City Manager to obtain up to 52
permits per year for the sale and display of merchandise within the greater area of Downtown defined in
the Code as Truxtun Avenue on the south, "H" Street on the west, 22"d Street on the north, "M" Street on
the east. These events would include summer street fairs and DBA sponsored special events such as the
Highway 99 Car Show. The submittal of an application for each of these events to the City Manager
would allow the City Manager's Office maximum discretion in permit approval. This change would also
give the DBA greater latitude to work with more businesses throughout the downtown area.
This matter is being reviewed by the Legislative & Litigation Committee on May 24, 2004. This
administrative report was prepared assuming the Legislation and Litigation Committee will recommend
approval of the proposed ordinance at the May 24~h meeting. Should there be any changes staff will write
a supplemental memorandum detailing revisions.
S:\COUNClL~Admins\downtown promotions.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
IAGENDA SECTION: Consent
ITEM: 4. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 13, 2004
~ A~ROVED
DEPARTMENT HI'AD ~
CITY ATTO RNE'~,~',~.~
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 124-07 to change the zoning district from A-20A (Agriculture- 20 Acre
Minimum) to R-1 (One-Family Dwelling) on 60 +/- acres located along the north side of
Panama Lane approximately one-fourth mile west of Buena Vista Road (ZC 03-1473).
(Ward 5)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council approved the Negative Declaration and made first reading of the Ordinance on
May 12, 2004.
The applicant's proposed amendment would allow 240 single family lots on the 60 +/- acre site.
Applicant has agreed to all conditions and mitigation for the project.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on March 18, 2004.
Staff conducted an initial study and it was determined that with mitigation, the project would not
have a significant effect on the environment. Therefore, a mitigated Negative Declaration was
prepared and posted on February 10, 2004.
RED/pjt
admin/5-26-1473
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
IAGENDA SECTION: Consent
'F'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 12, 2004
~.-..APPR~VED
DEPARTMENT HE D~?
CITY A'n'ORNEY
An Ordinance adopting the Negative Declaration and approving the proposed amendment
to Title 17 of the Municipal Code and Zoning Map No. 123-26 to change the zoning from R-
2 (Limited Multiple-Family Dwelling) to P.C.D. (Planned Commercial Development) on 15
acres located 570 feet south of Panama Lane, adjacent on the west side of Wible Road and
upholding the appeal of the applicant, as revised. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on May 12, 2004. The requested
zone change (ZC 03-1537) was proposed in conjunction with GPA 03-1537, which the City Council
adopted on May 12, 2004. The City Council also upheld the appeal of the applicant, as revised,
and adopted Conditions of Approval which are provided in Exhibit C of the Ordinance.
This Ordinance reflects the general plan amendment in the zoning ordinance.
WC
Admin\5-26-1537
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent
,TEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
May 11, 2004
DEPARTMENT
c, Y MANAGER
SUBJECT:
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to R-l/CH (One Family
Dwelling- Church) on 7.28± acres, located south of Panama Lane, east of Stine Road, north
of the Arvin-Edison Canal (Ridgeview Family Worship Center). (ZC 03-1540) (Ward 7).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of this ordinance was conducted on May 12, 2004.
On April 1, 2004 the Planning Commission adopted Resolution No. 28-04 recommending
approval a Zone Change from R-1 (One Family Dwelling) to R-l/CH (One Family Dwelling-
Church) on 7.28± acres. The zone change would allow for the future construction of a church
facility.
Approval of a CH overlay for this property would allow the church to construct chumh related
buildings without having to request other discretionary approvals, such as Board of Zoning
Adjustment approval of a Conditional Use Permit (CUP). The CH overlay allows more
flexibility for growing church facilities than a CUP allows.
At the public hearing held before the Planning Commission, no one spoke in opposition to the
proposed zone change and there were no letters of opposition or telephone calJs received by
staff.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends adoption of the ordinance
approving the zone change.
LP
Admin\5-26-1540
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent
ITEM: H.h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 12, 2004
DEPARTMENT HI~~PROVED
CITY ATTORNF_~
c TY MA.AGE.
An Ordinance adopting the Negative Declaration and approving the proposed amendment
to Title 17 of the Municipal Code and Zoning Map No. 103-13 to change the zoning from R-
1 (One Family Dwelling) to R-2-CH (Limited Multiple-Family Dwelling-Church) on 29.56
located adjacent on the south side of Paladino Drive, approximately a quarter mile west of
Morning Drive acres and upholding the appeal of the Development Services Director. (ZC
03-1545) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on May 12, 2004. The requested
zone change (ZC 03-1545) was proposed in conjunction with GPA 03-1545, which the City Council
adopted on May 12, 2004. The City Council also upheld the appeal of the Development Services
Director and adopted Conditions of Approval which are provided in Exhibit C of the Ordinance.
This Ordinance reflects the general plan amendment in the zoning ordinance.
WC
Admin\5-26-1545
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent
ITEM: /~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 7, 2004
~I:~PROVED
CITY MANAGER ~
An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 102-30) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from an R-2 (Limited Multiple Family Dwelling) zone to a PUD Planned Unit
Development) zone on 9.97 acres to allow development of 68 multiple family units (17
four-plex buildings) and a private recreational area located on the north side of Brimhall,
1,000 feet east of Jewetta Avenue (Engineer: Mclntosh and Associates / Developer:
Lakshmana Arasu) (FILE #04-0158). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading on May 12, 2004.
On April 1, 2004, the Planning Commission adopted Resolution No. 06-04 recommending
conditional approval of PUD Zone Change #04-158. The zone change is from an R-2 (Limited
Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone consisting of 68
multiple family units (17 four-plex buildings) and a private swimming pool and spa on 9.97 acres.
The Planning Commission has conditionally approved related Vesting Tentative Tract Map 6254,
which allows each four-plex and the recreational amenity to be on an individual lot. The project site
is located on the north side of Brimhall, 1000 feet east of Jewetta Avenue.
The proposed project is designed for one and two story four-plexes, with each four-plex on an
individual lot. Mission-style architecture is proposed for the exterior elevations of the buildings. Tile
roofing, cement plaster with a neutral paint coating, vinyl sashes around windows and roll-up
garage doors are shown on the elevation plans. By ordinance, the project requires 150 parking
spaces. The Site Plan depicts 210 parking spaces. The landscaping plans depict landscaping
along the perimeter of the entire project site that includes a mix of trees, shrubs groundcovers and
turf.
In accordance with the PUD zone, the applicant may request deviations from standards if the
project is of innovative design and diversification in the relationship of uses, buildings, lot sizes and
ADMINISTRATIVE REPORT
open space while ensuring substantial compliance with the General Plan and Municipal Code.
There are several design features that would be required for four-plex projects that are not a
requirement of the PUD. The four-plex ordinance would require end units to face and be accessed
from the public street, and that the building setbacks be staggered along the public street. The
streets as proposed would be private and maintained by a homeowners association. Therefore, in
this circumstance, deviation from this standard would be appropriate. Other standards that are not
being applied include landscaping in the drive aisles, variation of building facades, open space
requirements and the location of parking and the number of parking spaces required per lot.
Because the project is a PUD, open space and parking spaces are shared and counted to serve
the project residents.
The applicant is requesting a reduction of the required "Special Dwelling Setbacks." BMC Section
17.08.150, Special Dwelling Setbacks, requires a 50-foot building setback from the adjacent R-S
zoned properties. As part of the PUD zone change application, the applicant is requesting a
reduction in this setback from adjacent R-S zoned properties on the north, south and east sides. In
the BZA staff report for the modification (#03-0290), the applicant has stated justification for the
modification request is that the City desires a larger sump that would serve the larger area, which
includes this development. The applicant also states that he had to "sacrifice" two four-plexes to
allow for the sump, which necessitates the reduction in the 50-foot setback at the northwest corner
of the property. The justification for the modification on the east side of the property is that adjacent
property to the east is developed with a church and is not likely to have farm animals. Staff
recommends approval of the building setback modification request as approved by the BZA.
The Fire Department finds the secondary emergency access shown to connect the project to the
existing multiple family development located adjacent to the west in the northwestern portion of the
project site (between Lots 9 and 10) acceptable.
No one spoke in opposition to the project before the Planning Commission.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment. A Negative Declaration was prepared and noticed in
accordance with CEQA.
JENG
Admin\5-12-0158
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
TO:
FROM:
DATE:
IAGENDA S, ECTION: Consent Calendar
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 12, 2004
Assessment District No. 98-1, (Brimhall
Industrial): Resolution Ordering Change
Improvement Work. (Ward 4)
APPROVED
DEPARTMENT HEAD
CITY MANAGER
IV/Stockdale Highway Commercial/Gosford
of ~rocoodin~s to Authorize AdOitional
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 sewer, water, and street improvements in Harris Road for
the Gosford Industrial 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 only a portion of the estimated cost and expense not to
exceed $63,265.00 for the additional improvement work.
May 12, 2004, 6:07PM
~:\GROUPDAT~ADMINRPT~2004\05-26~'~.098- laddimp2.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: .~, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 12, 2004
APPROVED
DEPARTME.T.EAD
CITY MANAGER ~
Assessment District No. 04-1, (Countryside/The Homestead/Cherry Hill/Olive Park I~1). 1. Resolution Accepting Petition and Determining to Unde~ake Special Assessment
Proceedings.
2. Resolution of Intention 1336
3. Resolution Approving Bounda~ Map
4. Agreement with Wilson & Associates for Assessment Engineering.
Agreement with Orrick, Herrington & Sutdiffe, Bond Counsel for legal se~ices.
6. Agreement with Pillsbu~ Winthrop, LLP, Disclosure Counsel, for legal se~ices.
(Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed district has four distinct subareas as follows:
Countryside: This subarea is located south of Snow Road, west of Old Farm Road, east of
Allen Road, north of Olive Drive and is planned for new residential development. It is
proposed that the improvements for this subarea will be constructed by the developer
(Centex Homes), with acquisition of the improvements upon completion. The improvements
include construction of curb, gutter, sidewalk, median deposit, grading and paving, water
lines and street lighting improvements for Tracts 6118 Units 2-8. and This subarea is
located south of Snow Road, west of Old Farm Road, east of Allen Road, nodh of Olive
Drive and is planned for new residential development. It is proposed that the improvements
for this subarea will be constructed by the developer (Centex Homes), with acquisition of
the improvements upon completion. The improvements include construction of curb, gutter,
sidewalk, median deposit, grading and paving, water lines and street lighting improvements
for Tracts 6195 Units 1-8
2. The Homestead: This subarea is located south of Riena Road, west of Old Farm Road,
May 14, 2004, 3:50PM
G:\GROUPDAT~ADMINRPT\2004\05-26~AD04.1 ROI .dot
ADMINISTRATIVE REPORT
east of Allen Road, north of Noriega Road and is proposed for new residential
development. It is proposed that the improvements for this subarea will be constructed by
the developer (J&L Gardiner, LLC), with acquisition of the improvements upon completion.
The improvements include construction of on-site improvements for Tract 6234 and
including curbs, gutters, sidewalk, grading, paving, street lights and drainage.
Cherry Hill: This subarea is located south of Reina Road, west of Jewetta Avenue, east of
Old Farm Road, north of Noriega Road and is proposed for residential development. It is
proposed that the improvements for this subarea will be constructed by the developer
(Cherry Hill, Inc.) with acquisition of the improvements upon completion. The improvements
include construction of curb, gutters, x-gutters, sidewalk, paving, sewer and drainage
system improvements for Tracts 6153 Unit 2.
Jas
Olive Park II1: This subarea is located south of Olive Drive, west of Jewetta Avenue, east of
Old Farm Road, north of Noriega Road and is planned for new residential development. It is
proposed that the improvements for this subarea will be constructed by the developer (Olive
Park Land Company), with acquisition of the improvements upon completion. The
improvements include construction of curb, gutters, x-gutters, sidewalk, survey monument
encasement, block walls and street sign improvements for Tracts 6117 Unit 3.
The primary motive for combining four subareas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
May 14, 2004, 3:40PM
G:\GROUPDAT}ADMtNRPT\2004\05-26~AD04_1 ROI .dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
TEM: ,L.[, L.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 13, 2004
APPROVED
DEPARTMENT
CITY ATTO RN~t',~/~....~~'''''
CITY MANAGER
Resolution of Intention No, 1337 to order the vacation of the south 126 feet of the 30 foot
wide alley between Oak Street and Olive Street extending from Palm Street to Dracena
Street. 0Nard 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The Safe-1 Credit Union is planning to expand their building and facilities at the
northeast corner of Palm and Oak Streets. The Credit Union owns property on both sides of the public
alley at 400 Oak Street. They are requesting vacation of the south 126 feet of the alley as part of their
building expansion and site development plan.
This request is a revision of a prior application by Safe-1 for vacation of the entire length of the alley
(fromPalm Street to Dracena Street). The prior request was denied by Public Works because the proposal
did not provide adequate access for City refuse collection. The revised development plan provides
adequate access for municipal services.
The City Fire, Police, Public Works, Water Resources, Development Services, and Economic
Development Departments have been notified and none have objected to the proposed vacation. Public
Works notes that no City sewer or storm drain facilities are in the vacating area.
Public Works requires that the applicant provides for a 25 foot wide (min.) public access lane connecting
the remainder portion of the alley to Olive Street (see attached plat). The access lane shall be constructed
with a pavement thickness equivalent to a City standard commercial alley.
The utility companies serving the area have been notified by mail and the utility companies have indicated
they have facilities in the vacating area that will need to be protected by reservation of an easement.
Public Works notes that a public utility easement must be reserved over the entire vacating area to serve
this purpose.
On April 20, 2004, all property owners within a radius of 300 feet of the vacating area were mailed
preliminary notice of the project and none have indicated any objections as of the date of this report.
The proposed vacation was heard by the Planning Commission at its meeting of May 6, 2004, and was
found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
This Resolution sets the date of June 23, 2004 for public hearing on the proposed vacation.
May 13, 2004, 1:25PM
G:\GROUPDAT~ADMINRPT~2004\05-26\RO11337 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent
ITEM: ~. I~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Eric W. Matlock, Chief of Police DEPARTMENT HEAD
May 19, 2004 CITY ATTORNEY
CITY MANAGER
Bakersfield Police Activities League "Pass Through" Grant
Resolution authorizing the City of Bakersfield to act as the unit of local government
to "pass-through" funding, not to exceed $172,000.00, to the Bakersfield Police
Activities League in compliance with Title V Grant funding.
Appropriate $172,000 in Title V Grant funding to the Police Department General
Fund Operating Budget for "pass through" to the Bakersfield Police Activities
League.
RECOMMENDATION:
Staff recommends adoption of the Resolution and appropriation of funds.
BACKGROUND:
On January 1, 2004, the Board of Corrections (BOC) assumed responsibility as the State Administrative
Agency for the Juvenile Justice Delinquency Prevention (JJDP) programs formerly administered by the
Governor's Office of Criminal Justice Planning (OCJP). As part of the transition, OCJP staff closed all
Tide V grants effective September 30, 2003. While anticipating that the grants would be reinstated soon
after the transition was complete, BOC staff reviewed the grant requirements and discovered an issue that
needed to be resolved prior to entering into new contracts with Title V subgrantees. This issue relates to
the eligibility of the Bakersfield Police Activities League (BPAL).
Pursuant to the guidelines for Title V, subgrantees must be a "unit of general local government." The
guidelines further describe a unit of local government as "any city, county, town, borough, parish, village,
or other general purpose political subdivision of a State, and any Indian tribe which performs law
enforcement function as determined by the Secretary of the Interior." As a community-based organization,
the BPAL is not an eligible subgrantee. However, the guidelines allow units of general local government
to contract with community-based organizations for the provision of services. In order to become eligible
for Title V funding, the BPAL will need to make arrangements with the City of Bakersfield to become the
subgrantee and "pass-through" funding to the BPAL.
sis
May 19, 2004, 2:59PM
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent
TEM: ~. Iq.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 7, 2004
~:~,RG~'ED
DEPARTMENT HEAI~
CITY A'rrORN EY'~
/
CITY MANAGER
Resolutions of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 463 located on the south side
of McKee Road, between Wible Road and State Highway 99 and Annexation No. 464
located south of McCutchen Road, generally east of Ashe Road. (Wards 6 & 7)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 463 and Annexation No. 464, to the City of Bakersfield. The
proposed annexation consists of 40 acres of uninhabited land tocated on the south side of
McKee Road, between Wible Road and State Highway 99 and approximately 77 acres of
uninhabited land located south of McCutchen Road, generally east of Ashe Road
The property owners of each of the annexation territories have consented to annexation. The
owners want to receive city services.
MO
p:admin~mar\5-26-463&464
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Carroll Hayden, Human Resources Manager
May 13, 2004
Honorable Mayor and City Council (~
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Changes to Salary Schedule, New Job Specification and Reclassification
APPROVED
Amendment No. 12 to Resolution No. 122-01 approving Memorandum of
Understanding for employees of the General Supervisory, Police Supervisory and
Management Units and adopting salary schedule and related benefits for Utilities
Manager
2. New Job Specification: Utilities Manager
3. Reclassification: Wastewater Manager to Utilities Manager
4. Amendment No. 10 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends adoption
reclassification.
of the resolutions and approval
of the new job specification and
BACKGROUND:
Utilities Manaqer:
In order to provide options for succession planning within the Water Resources Department and increase
depth of management expertise, the City Manager recommends the creation of a Utilities Manager
position. The Utilities Manager will manage the Wastewater Division and provide management support in
the Water Resources Department.
The current Wastewater Manager has already assumed these new duties. Therefore, a reclassification of
the current Wastewater Manager to Utilities Manager is recommended. There is no budgetary impact as
the salary ranges for both positions are equivalent. The new job specification wiIl be presented to the
Miscellaneous Civil Service Board at their May 18, 2004 meeting.
Tem~
The temporary salary schedule is being updated to increase the salary rate of the temporary Service
Maintenance Worker to reflect community rates and provide a better applicant pool.
(jm) 5/13/2004 11:00 AM
S:~ADMINRPT~Job Specification - Utilities Manager.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
May 13, 2004
APPROVED
DEPARTMENT HEAD
CITY A'I-rORN EY~._~
CITY MANAGER
A resolution approving a grant application by the Bakersfield Police Department for receipt
of the State of California Off Highway Motor Vehicle Recreation Trust Funds for Off-
Highway Vehicle Enforcement Funding and Equipment Purchase.
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The Bakersfield Police Department Traffic Section is requesting approval for application of a Law
Enforcement Grant and Equipment Grant to the State of California Department of Parks and Recreation of
Off-Highway Motor Vehicle Recreation.
Enforcement funds in the amount of approximately $23,328, and equipment funds in the amount of
$25,400 are to be applied for. A minimum 25% of matching funds in kind are required as part of the grant
application process. The State has placed restrictions on the use of the money, in that the funds would be
used to supplement and not supplant the existing budget.
The Police Department request that the funds applied for would be used for the following:
ENFORCEMENT
1. Off Highway Vehicle enforcement, training of Officers, and education of OHV
user's in the Bakersfield area.
$23,328
EQUIPMENT
1. Two Off-Road Motorcycles, spare parts, fuel, maintenance,
riding gear, radio's, and a decibel meter. $25,400
This resolution request is for grant application only and there is no assurance that the State of California
will approve our application and fund the grant.
May 19, 20041 2:17PM
P:~adminformgrantreq.dot
ADMINISTRATIVE REPORT
IMEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 14, 2004
Sale of Real Property
APPROVED
DE.A.TMENT
CITY ATTORNEY
1. Resolution declaring real property located north of 8400 Stockdale Highway surplus
to needs of the City.
2. Agreement with Bakersfield University Partners, a California limited partnership to
purchase property located north of 8400 Stockdale Highway for $200,000. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
On Bakersfield University Partners acquired the former Cooper's Nursery on Stockdale Highway across
the street from California State University Bakersfield. They are in the process of subdividing the property
so that it can be developed. In order to create more usable parcels they have requested to purchase a
portion of the City's adjoining Kern River Canal. The property consists of a twenty feet by approximately
1475 feet strip of land. The Water Resources Department has reviewed their request and recommends
the sale providing an easement is reserved to allow future inspections, maintenance and repairs. The sale
price represents the fair market value of the property as determined by the sale of the adjoining property.
On May 20, 2004, the Bakersfield Planning Commission found this transaction consistent with the
Metropolitan Bakersfield 2010 General Plan.
May 14, 2004, 11:23AM
P:\MyFiles~Admin Reports\Coopers sale.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: H. r',
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
May 17, 2004
APPROVED
DEPARTMENT H EA~,,~2
CITY ATTORNEY ~/~
CITY MANAGER ~
Amendment No. I to Resolution 198-03 changing the July and August meeting dates of
Regular City Council Meetings for 2004.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Due to a scheduling conflict with the League of California Cities, staff is recommending the July 28, 2004
meeting date be changed to July 21, 2004 and the August 25, 2004 meeting be changed to August 18,
2004. Ail other meeting dates will remain the same.
Exhibit "A" which is attached to the Resolution reflects the correct meeting dates for 2004.
:pmc
May 17, 2004, 9:08AM
S:\Council~admins~004\Mtg Dates2004Am end.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: /,[. ,~.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 1I, 2004
DEPARTMENT HEAD ~/~VED
C, ATTOR.EY
CITY MANAGER
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar
Bakersfield, Inc., for Tract 6077 Unit 11 located nodh Pacheco Road and east Mountain
Vista Drive. (Ward 4)
Final Map for Tract 6140 Phase 8 and Improvement Agreements with ADH Corporation for
Tract 6140 Phases 7 and 8 located south State Route 58 and east of Oswell Street.
(Ward 1 )
Final Map and Improvement Agreements with Bakersfield Land Development for Tract 6061
located north of Reina Road and east of Allen Road. (Ward 4)
Final Map and Improvement Agreement with Granite Pointe, LLC, for Tract 6095 Phase 3
located south of Berkshire Road and east of WiNe Road. (Ward 7)
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 properly being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
May 14, 2004, 3:53PM
G:\GROUPDA%ADMINRPT\2004\05-26\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ~-~
May 13, 2004 A ORNE
CITY MANAGER
License Agreement 04-26568 for $3,500 with the Burlington Northern and Santa Fe
Railway Company to allow the City to construct the Allen Road Sewer Project where it
crosses the railroad tracks near Allen Road and Hageman Road. (VVard 4)
RECOMMENDATION: Staff recommends approval of License Agreement.
BACKGROUND: The City is extending an 18 inch diameter sewer line along Allen Road from Rosedale
Highway to Noriega Road. This sewer line extension will cross the Burlington Northern Santa Fe (BNSF)
railroad tracks in the vicinity of Hageman Road. This license agreement will allow the City to install a 18
inch diameter pipe inside a 28 inch diameter casing, by boring across the rail corridor of the BNSF.
Currently, the City plans to pre-qualify potential general contractors for this project by July 7, 2004. We
would then advertise for construction bids on July
8th, open the bids on August 10~, and seek council
approval for a contract award on August 25, 2004. The amount of funds needed to execute the license
agreement is $3,500. Sufficient funds are available for this license agreement.
REB
May 13, 2004, 12:19PM
G:\GROUPDAT~ADMINRPT~2004\05-26~AIIen Rd Sewer- BNSF.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
IAGENDA SECTION: Consent Calendar
ITEM: H. 4.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 7, 2004
.APPROVED
DEPARTMENT HEAD ~/'/'~
CITY MANAGER
8~BdfiCT: A~roemont with Borkshiro ~ropo~ios, Inc. to purchaso foal propo~ at tho southoast ~rnor
24t" and Oak 8troets for $2,220,000 [or a futuro interchan~o roali~nment and
~ard 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring this property to reconstruct the 24t~ and Oak Streets interchange in the
future. Also, a portion of the property will be used as a drainage retention basin for the surrounding
neighborhood. The property is being purchase now, while it is vacant land, to avoid having to purchase
improved properties in the future. Currently, the property has an approved tentative map subdividing it
into six parcels, The commercially zoned property comprises 4.16 acres. The purchase price of
$2,220,000 represents the property's fair market value as determined by an appraisal prepared by Michael
Burger & Associates. A Phase I Environmental Site Assessment has been completed by the City's
Environmental Services Division. Also, the Planning Commission will be asked to find this acquisition
consistent with the Metropolitan Bakersfield 2010 General Plan on May 20, 2004.
May 7, 2004, 5:06PM
P:\MyFiles~Admin Reports~24th & Oak.doc
DMA/s
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
TEM: ~. V,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 5, 2004
A~'PROVED
D E PARTM E N T HEAD ,/'f/-.-..
CITY ATTORNEY ,~
CITY MANAGER ~
Street Cut Repairs Agreement with Greenfield County Water District (Kern County)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: On October 22, 1997 the Council amended Chapter 12.16 of the Bakersfield Municipal
Code regarding construction work in streets. Section 12.16.150 requires all permitees to pay a
Workmanship and Performance Warranty fee. Utility companies are exempt from paying this fee if they
enter into an agreement with the City that provides warranty and security to repair street cuts made by
them. This agreement satisfies this requirement. Approval of this agreement will allow the Mayor to sign
the agreement with Greenfield County Water District.
Dc
May 5, 2004, 8:32AM
S:\Street Cut Agreements~Admrepts\Greenfleld Water.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ ~,./~
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 6, 2004 CITY A'I-rORNEY
CITY MANAGER
SUBJECT:
Approval of the following Agreements in the matter of Goland and Roy v. Wright, City of
Bakersfield, et al, Kern County Superior Court Case No. S-1500-CV-250490-AEW:
Michael G. Marderosian of Marderosian, Runyon, Cercone, Lehman & Armo to
provide outside regal services for the City in an amount not to exceed $50,000; and
Larry F. Peake, of Wall, Wall & Peake to provide outside legal services for Landon
Wright in an amount not to exceed $50,000.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
On April 28, 2004, City Council was briefed on the above matter in closed session. It is a complex case,
with the primary issue being whether Mr. Wright was in the of course and scope of his employment at the
time of the incident.
In order to best protect the legal interests of the City, the City Attorney terminated Agreement No. 03-279
with Jones & Mayer for legal services, and proposes to retain the Law Offices of Marderosian, Runyon,
Cercone & Lehman to represent the City's interest, and the Law Offices of Larry Peake to represent Mr.
Wright's in the above captioned litigation.
GG:dll
May 6, 2004, 4:45PM
S:\COUNClL~,dmins~AttyRetainerAgr. Marderosian. Goland_Roy.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
IAGENDA SECTION: Consent Calendar
ITEM: ~l, y.
TO: Honorable Mayor and City Council APJBROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD.. //~,~
DATE: May 12, 2004 CITY ATTORNEY
CITY MANAGER ~
SUBJECT:
Amendment No. 2 to Agreement No. 02-354(1) Traffic Impact Fee Agreement with Stuart
Thomas, Inc. dba Lennox Homes, increasing impact fee credit by $431,367 for a total credit
of $1,000,000 and including additional tracts eligible to receive credit. (Ward 7)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On April 28, 2004, staff submitted Amendment No. 1 to Agreement No. 02-354 to
Council to approve an increase in the Transportation Impact Fee for Tract 6064 which was approved.
Subsequently, it was found that staff made an error in calculating the available credit amount and the
Developer (Stuart Thomas, Inc. dba Lenox Homes) was in fact eligible for a higher credit. Additionally,
after Council approval of Amendment 1, the Developer asked to include Tract 6192 and Tract 6210 under
this amendment. This amendment corrects the credit dollar amount and includes the additional tracts.
May 18, 2004, 4:09PM
G:\GROUPD^T~ADMINRPT~2004\05-26~Amend 02-354 Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 3, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~.~fi~
CITY MANAGER ('~.4~'2
Amendment No. 2 to Agreement No. 02-258 increasing compensation by $800,000 (for a
revised not to exceed compensation of $3,800,000 with Granite Construction Company for
street materials for the Streets Division. (All Wards)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND: Due to the number of City streets that ara in need of reconstruction, the Street Division
currently is concentrating more on street reconstruction projects. Street reconstruction projects require the
use of more material then street resurfacing projects. In addition, extensive preventive maintenance on
City major streets has caused the City to need more street material than anticipated. Staff estimates that
the current contract amount (dollars) will be exhausted before the contract expires and is requesting that
the annual contract with Granite Construction Company for street materials be increased by Eight
Hundred Thousand Dollars ($800,000).
The annual contract with Granite Construction Company is valid through September 16, 2004.
LP/dns
May 7, 2004, 3:12PM
G:\GROUPDAT~DMINRPT~2004\05-26\Granite Amendment Admin doc
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent
TEM: H.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 19, 2004
A[~PRO~VED
DEPARTMENT .EAD~
CITY ATTORNEY
CITY MANAGER
Amendment No. 2 to Development Services Department Agreement 01-166 with Delta
Micro Imaging for document file conversion to Laser Fiche or Micro Fiche Formats.
RECOMMENDATION:
Staff recommends approval of the amendment of the agreement.
BACKGROUND:
Over the past couple of years, construction activity has increased dramatically. The Building
Division has added staff, which in turn has created space problems. To accommodate the growth
in staff, the Fire Prevention Division has vacated the third floor of the Development Services
building and been relocated to 900 Truxtun Avenue. The space on the third floor will be utilized by
Building Inspectors. However, the records maintained by Fire Prevention will need to be converted
to Laser Fiche in order for Fire Prevention to best utilize the space allocated to them at 900
Truxtun. This is a relocation cost attributed to Building Inspections, a fee supported division, so no
additional burden to the general fund will result.
MAD
Admin\5-26-delta
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~.
TO: Honorable Mayor and City Council ~/~PPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 10, 2004 CITY ATTORNEY ~Z~z'''''
CITY MANAGER
SUBJECT:
Amendment No. 1 to Agreement No. 03-260 Transportation Impact Fee Agreement with
Castle & Cooke Califomia, Inc., for tracts located on Buena Vista Road and Allen Road
increasing Impact Fee Credit by $231,319 for a total credit of $559,405. (Ward 5)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Castle & Cooke California, Inc. has constructed additional improvements on Allen Road
(west and east sides), from White Lane to Chamber Boulevard in association with developing tracts at
Ming Avenue and Allen Road. Additional Transportation Impact Fee credit is available for the additional
work in the amount of $231,319. This Amendment would increase the total credit amount to $559,405.
MPS/dns
May 7, 2004, 3:03PM
G:\GROUPDAT~,DMIN RPT~2004\05-26'~03-260(1 ) Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD
DATE: May 13, 2004 CITY A'I-i'ORNEY
CITY MANAGER'~/~'~2
SUBJECT: Accept bid from Three Way Chevrolet $34,490.97 for one replacement utility vehicle for the
Fire Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: This vehicle is used as the incident command center for the Battalion Chief at station
one. Invitations to bid were sent to fourteen (14) vendors. Three (3) bids were received, as follows:
Three Way Chevrolet
3800 California Avenue
Bakersfield CA 93309
in the amount of
$34,490.96
Burch Ford
201 North Harbor Boulevard
La Habra CA 90631
in the amount of
$34,626.73
Centuw Chevrolet
P, O. Box 910
Woodland CA 95776
in the amount of
$35,220.54
Purchasing Division
DW:ljm
P:LADMIN~004 ADMIN\C04_0526_C_Utility Vehicle.doc
May 13, 2004, 4:18PM
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: q,.
TO: Honorable Mayor and City Council AP,PROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD
DATE: May 13, 2004 CITY ATrORNE~
CITY MANAGER
SUBJECT:
Accept bid to award annual contract to Jim AIfter Cement Contractor, not to exceed the
budgeted amount of $800,000.00, for concrete work within the City.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract provides for concrete work and repairs on curbs, gutters, sidewalks, etc.,
throughout the City. Departments estimate quantities and types of repair that may be required for the
upcoming year. Invitations to bid were sent to twenty-two (22) vendors and advertised in the newspaper.
One (1) bid, from the current contract holder, was received.
The large concrete companies in town, Granite Construction and Griffith Company choose to not bid on
this ongoing, small project contract.
Since December, 1994, Jim AIfter has been the contract holder for 7 of the last 91/2 years.
From June, 2000, to June, 2003, contract prices had no significant changes. In June, 2003, Mr. AIfter
requested a price increase of 5% due to increased Workers' Compensation and General Liability
insurance, an increase in the prevailing wage rates July 1, 2003, and an increased cost for raw materials,
environmental issues, and fuel transportation. The current bid prices reflect a twelve percent (12%)
increase to more accurately cover the costs incurred.
Purchasing Division
DW:ljm
P:~ADMIN~2004 ADMIN\C04_0526_A_Concrete Construction REVISED,doc
May 19, 2004, 1t:11AM
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Consent Calendar
ITEM: H. cLoL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 13, 2004
APPROVED
DEPARTMENT HEAD ~_~
CITY A'i-FO R~Y ~
CITY MANAGER ~
SUBJECT:
Accept bid to award annual contract to Kern Turf Supply, Incorporated, not to exceed
budgeted amount of $65,000.00, for irrigation parts and supplies for Parks Department.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract provides PVC pipe, sprinkler heads and fittings for installation and repair
of irrigation systems for City parks, canals and landscaping by City forces. Departments estimate
quantities and types of supplies and repair that may be required for the coming year. Actual supplies and
repair needs are not known until the need arises. Invitations to bid were sent to eleven (11) vendors. One
(1) bid, from the current contract holder, was received.
In 1995 four (4) vendors submitted bids, however, over the years those companies have either gone out of
business or have changed their business focus to irrigation projects instead of a store warehousing parts.
Kern Turf Supply has been the Iow bidder/contract holder for seven of the last nine years.
This year's bid prices are not significantly changed from the bid two years ago.
Purchasing Division
DW:ljm
P:~ADMIN~004 ADMIN\C04_0526_B_lrrigation Parts & Supplies REViSION.doc
May 19, 2004, 11:13AM
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM: H.cC-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 14, 2004
APPROVED
DEPARTMENT HEAD
CITY ATrORNL~~~'
CITY MANAGER
SUBJECT:
ThinkCentre PC's and Monitors (quantity 375)
Accept bid from Insight Public Sector $201,040.00 for 150 replacement computers
and monitors.
Authorize the purchase of 225 replacement computers and monitors ($301,560.75)
from Insight Public Sector if funds are approved in FY 2004-2005 budget.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Sixteen (16) bids were received for 375 replacement computers and monitors. The
invitation to bid was written to allow the purchase of 150 systems this fiscal year and the balance of 225
systems if additional funds were made available in the FY 2004-2005 budget.
Insight Public Sector
6820 South Had Avenue
Tempe AZ 85283
Zones, Incorporated
1102 15th SW
Auburn WA 98001
IBM Corporation
P. o. Box 945684
Atlanta GA 30394
SHI
12452 Santa Rosalia
Garden Grove CA 92841
in the amount of
in the amount of
in the amount of
in the amount of
$502,601.25
$508,687.50
$509,572.50
$510,8O6.25
Purchasing Division
DW:ljm
P:~ADMIN~?.004 ADMIN~C04_0526_D_ThinkCentre PC's & Monitors.doc
May 14, 2004, 3:58PM
PAGE I OF 2
ADMINISTRATIVE REPORT
En Pointe Technologies
100 North Sepulveda Boulevard
El Segundo CA 90245
Jeskell, Incorporated
155-A Moffett Park Drive
Sunnyvale CA 94089
Computerland of Silicon Valley
478 West San Carlos Street
San Jose CA 95110
Plus Hardware
127 Weldon Parkway
Maryland Heights MO 63043
Microworld
4600 Campus Drive
Newport Beach CA 92660
MCPc Computer Products
7776 Reynolds Road
Mento OH 44060
HPNision
1285 Corp, Center Drive
Eagan MN 55121
PC Plus
3009 Avenue L
Brooklyn NY 11210
365USA
5301 Office Park Drive
Bakersfield CA 93309
Sehi Computer Products
1275 Puerta Del Sol
San Clemente CA 92673
Multiwave
20153 Paseo Del Prado
Walnut CA 91789
First Call Solutions
2534 West 7th Street
Los Angeles CA 90057
in the amount of
in the amount of
in the amount of
in the amount of
,n the amount of
~n the amount of
in the amount of
in the amount of
the amount of
in the amount of
in the amount of
~n the amount of
Purchasing Division
DW:ljm
P:~ADMIN~004 ADMIN~C04_0526_D_ThinkCentre PC's & Monitors.doc
May 14, 2004, 3:58PM
$513,697.50
$522,843.75
$529,616.25
$535,383.75
$535,612.50
$536,115.00
$550,192.50
$561,735.00
$580,312.50
$622,987.50
$628,972.50
$637,871.25
PAGE2OF2
ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2004
ITEM:
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Donna k. Kurtz, Economic Development Director DEPARIMENI HEAD
DATE:May 13, 2004 A*TORNE
CITY MANAGER
SUBJECT: Assistance League of Bakersfield: (WARD 2)
1) Appropriate $1,050 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.
2) Appropriate $10,000 Old Town Kern Project Area Operating Fund Balance to the
Economic and Community Development Operating Budget for Escrow Closing Costs and
Final Environmental Testing for 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 in the City's three redevelopment
areas to address hazardous materials and environmental cleanup issues associated with their properties.
The primary purpose of the grant was to assist property owners to overcome economic barriers to rause,
rehabilitation and redevelopment of their properties. Of the $1 million grant award, 20% ($200,000) is
earmarked to provide sub-grants, which do not need to be repaid to the Agency. The use of the grant
funds is also prorated specifically between sites contaminated by petroleum and those contaminated by
hazardous materials.
On January 5, 2004, the Agency approved a request to grant the Assistance League $50,000 to be used
to cleanup identified environmental and hazardous materials at 1924 "Q" Street. As part of the Disposition
and Development Agreement, the Agency also agreed to provide financial assistance for related escrow
costs associated with the building acquisition. The Assistance League intends to acquire and occupy this
property in the near future as a component of the SE commercial development planned on California
Avenue.
Escrow for this exchange is scheduled to close by June 1, 2004. In order to assure the timeliness of the
required relocation of the Assistance League into the 1924 Q Street facilities, staff obtained bids for the
environmental work required for the building. The lowest qualified bid received exceeds the original
estimated $50,000 cost by approximately $1,050 for the environmental clean-up work. In addition, funds
are needed for escrow closing and final environmental testing at the close of escrow. These actions
increase the total cost for the cleanup and related escrow and testing expenses to approximately $61,050.
The additional funds are available from a combination of resources; $1,050 from the EPA revolving loan
funds and $10,000 from Old Town Kern Project Area - Tax Increment funds. The disbursement of these
funds is contingent upon the successful acquisition of 1924 "Q" Street by the Assistance League.
S:~Admins\City Council~Assist League Approp2.doc
5/13/2004 3:45 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council A~:~fA PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 18, 2004 CITY ATFORNEY
CITY MANAGER
SUBJECT:
Appropriate $170,000 Sewer Enterprise Fund balance to the Public Works Department's
operating budget for unanticipated operational expenses.
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Payments for disposal of treated effluent from Wastewater Treatment Plant No. 3 have
been made bi-annually for many years to the City of Los Angeles (COLA) in the amount of approximately
$170,000. In FY 02-03 staff budgeted $350,000 for these payments. Since the disposal fees to COLA
were scheduled to end on December 17, 2004, City Staff only budgeted $159,000 for this expense in FY
03-04. COLA however has been running late in its billings to the City of Bakersfield, and Staff should
have requested appropriation for two disposal payments to COLA in FY 03-04 instead of just one. The
$170,000 appropriation is to cover the final payment to COLA for effluent disposal from Wastewater
Treatment Plant 3.
Staff recommends appropriating the $170,000.
DW
May 18, 2004, 4:34PM
G:\GROUPDAT~ADMINRPT~2004\05-26\Sewer Fund Approp-revised.doc
ADMINISTRATIVE REPORT
MEETING DATE May 26, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP.PROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: May 7, 2004 CITY A'I-rORNEY
CITY MANAGER
SUBJECT:
Appropriate $176,500 from Office of Emergency Services Revenue to the General Fund
Fire Department Operating Budget to reimburse expenditures
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Bakersfield Fire Department was involved in 14 strike teams in the summer and fall of 2003. The total
amount to be reimbursed for these incidents is $192,253.
The Fire Department is requesting $176,500 to be appropriated to the Fire Department to reimburse
overtime costs, traveling expenses, and hose. A separate amount of $7,294 is requested to reimburse
Kern County Fire for their share on an incident. The remaining amount will remain as General Fund
Revenue.
sc
May 17, 2004, 11:46AM
S:\SUSAN\Admin Report Word~OES fall 2003.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
IAGENDAsE.cTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
May 19, 2004
APPROVED
DEPARTMENT HEAD
CITY A'I'rORNEY
CITY MANAGER
Authorization for City Manager to Submit a Community Voice Opinion regarding Governor
Schwarzenegger's Budget Proposal
RECOMMENDATION:
for "Community Voices."
Staff recommends City Council authorization to submit the attached opinion
BACKGROUND: Vice Mayor Couch requested that staff draft an opinion documenting Council's
position regarding the Governor's budget proposal. Staff was directed to develop this information in a
manner that could be disseminated to citizens of the City of Bakersfield. The item is to be sent to the
"Community Voices" and it is proposed that all the City elected officials sign it.
May 21, 2004, 8:21AM
S:~Admin Rpts~2004\Community Voices Opinion 052604.dot
AT:al
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Hearings
ITEM: ~...o..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
May 11, 2004
APPROVED
DEPARTMENT HEAD ~....._.~
CITY ATTORNEY
CITY MANAGER
Public hearing to consider an increase in the monthly readiness-to-serve charge and
quantity rate for the City of Bakersfield Domestic Water system. (Portions of Wards No. 4,
5,6&7)
Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes
Ranch service areas of City of Bakersfield Water System.
RECOMMENDATION: Staff recommends to open hearing, accept public input and continue the
hearing to the June 23, 2004 meeting for further comment and City Council action.
BACKGROUND: California state law under Proposition 218, requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing
on a proposed increase in the readiness-to-serve charge and the quantity rate on the City of Bakersfield
Domestic Water System was mailed to each of the customers and/or property owners that receive City
water service. The mailing occurred during April 2004. As of May 13, 2004, the City Clerk had received
0 written letters protesting or commenting on the fee increase.
The readiness-to-serve charge and quantity rate are proposed to be increased. The current readiness-to-
serve charge for a typical residential customer is $7.95 per month. The proposed monthly service charge
is $8.90, which reflects a total increase of $0.95 per month. The readiness-to-serve charge for larger
services will be assessed by a service-size ratio relative to a typical residential customer. The quantity rate
is currently $0.56 per hundred cubic foot unit. The proposed rate will increase by $0.03 to $0.59 per unit. A
typical residential customer will see a total increase of $1.79 per month. Due to new water supply
programs, the cost of meeting water quality standards and addressing security issues of the federal
Homeland Security Act, overall expenditures have increased 7.5%
According to Proposition 218, if written protests against the proposed fee increase are presented by a
majority of the customers and/or property owners that are receiving water service from the City, the City
shall not charge the additional readiness-to-serve fee or the additional quantity rate. If written protests
against the proposed increased fee and charges are not presented by a majority of the customers and/or
property owners that are receiving water service from the City, the City Council may adopt the proposed
fees and charges.
The increased readiness-to-serve charge and quantity rate would become effective October 1, 2004.
FC:
S:\2004 ADMIN RPTS\MY26WT01HRG..dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Closed Session
TEM: L~. cL.
TO: Honorable Mayor and City Council ,~(/ APPROVED
FROM: Carroll Hayden, Human Resources Manager~DEPARTMENT HEAD
DATE: May 14, 2004 CITY ATTORNEY ~'/~'~-
CITY MANAGER
SUBJECT: Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator
RECOMMENDATION:
BACKGROUND:
ch
May 14, 2004, 9:58AM
S:~ADMINRPT~Closed Sess. May 26, 04.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Closed Session
TEM: [o. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 17, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
1. Melanie Billings v. City of Bakersfield, et al
KCSC Case No. 250741-RJA
Goland and Roy v. Wright, City of Bakersfield, et al
KCSC Case No. 259490-AEW
RECOMMENDATION:
BACKGROUND:
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5/17/2004
ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004
AGENDA SECTION: Presentations
ITEM: II.Q,.
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TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
May 14, 2004
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
CITY MANAGER
Presentation by Debra Smith, Director, Emerging Markets & Public Programs, for
HealthNet, of a HealthNet grant in the amount of $25,000 for the MLK Afterschool Program.
RECOMMENDATION:
BACKGROUND:
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May 14, 2004, 10:19AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 26, 2004 AGENDA SECTION: Hearings
ITEM: ~ ~. 0....
TO: Honorable Mayor and City Council ~-'~PP, ROVED
FROM: Development Services- Planning DEPARTMENT H /~F_~~
DATE: May 13, 2004 CITY ATrORN~/E/E~
CITY MANAGER
SUBJECT:
Resolution making application to LAFCO to amend the City of Bakersfield's Sphere of
Influence and approval and adoption of a Negative Declaration.
RECOMMENDATION:
Approve and adopt Negative Declaration and direct staff to make application to LAFCO to amend
Sphere of Influence.
BACKGROUND:
BASIS:
The Cortese/Knox/Hertzberg Local Government Act of 2000 require LAFCO to update Sphere of
Influence (SOl) for all applicable jurisdictions. Because of Bakersfield's unprecedented growth, it is
necessary to amend the SOl in order to provide adequate area for future expansion. It is required
for LAFCO to review the SOl every five years. The last revision was 1998. LAFCO requires that
the City submit the analytical work with an application to amend its sphere to be placed on its
agenda for review and amendment.
THE MUNICIPAL SERVICE REVIEW:
Any change to the SOl requires a Municipal Service Review (MSR) document which analyzes the
City's ability to provide urban services. LAFCO must evaluate the service-related information and
make written determinations for nine factors. These factors cover evaluations of Infrastructure
Needs and Deficiencies, Growth and Population, Finance Constraints and Opportunities,
Opportunities for Cost Avoidance, Rate Restructuring, Shared Facilities, Government Structure,
Accountability, Governance and Management. The report was prepared by Northcutt and
Associates who had previously prepared the MSR for California City (approved by LAFCO in
2OO3).
THE NEGATIVE DECLARATION:
The City conducted an Initial Study to assess the potential environmental impacts and identify any
appropriate mitigation measures associated with the proposal. The result of that work is a
proposed Negative Declaration. The City of Bakersfield is both project proponent as well as the
Lead Agency for the proposed project. LAFCO will rely upon this document in approving the
request.
ADMINISTRATIVE REPORT Page2
SOIPROPOSAL:
The proposed amendment to the SOl would add approximately 23.2 square miles to the current
SOl area. For annexation to occur, a property must be contiguous to existing city limits and within
the SOl. No annexations are proposed with this request. There are eight distinct areas proposed
for inclusion within the SOl. Property owners or their authorized representatives have requested
inclusion in the proposal. Seven areas are located west of Highway 99 in areas of intensive
growth. Annexation of those areas would be considered as separate cases after their inclusion
within the SOl.
CONCLUSION:
The SOl represents "... a plan for the probable physical boundaries and service area of a local
municipality..." In 2003 the City grew by more than 1,000 people a month. Some areas of
Southwest Bakersfield have no room for growth, the SOl, City limits and existing development are
contiguous. Any future urban growth in these areas must be in the unincorporated area without
city services under the current SOl.
The MSR demonstrates the City can provide all necessary urban services. Expansion of the SOl
provides for orderly growth and development, discourages urban sprawl and ensures efficienty of
government services.
All the owners of property within the proposed expansion area have expressed a desire to be
included in this proposal. No other public agency has expressed any negative comments on the
project. The demand for housing is very high. Without this amendment there will be a significant
shift in the pattern of development resulting in inefficient provision of government services and an
illogical urban boundary.
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Admin\may\5-26-soi
MEETING DATE: May 26, 2004 AGENDA SECTION:
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD
DATE: May 19, 2004 CITY ATTORNEY ,.._//~'~
CITY MANAGER
SUBJECT: Correction of construction financing timeline detail for Amendment #1 to the Contract to Sell
Real Property Agreement No. 04-002 between D.W. Sivers Company and the City of
Bakersfield.
RECOMMENDATION:
Staff recommends approval of the corrected financing timeline detail outlined in the amendment.
BACKGROUND:
The City Council recently authorized an amendment to the contract to sell real property to D.W.
Sivers Company concerning a commercial development planned north of California Avenue,
between N and P/Q Streets. At the last meeting, the City Council requested specific
requirements be incorporated into the amendment to include the following:
1. That the construction-performance bond covers the entire project.
2. That the project design be of an "Urban Village Design" concept such as the concept that
was presented to the City Council.
3. That the City has the "First Right of Refusal" to purchase the property from the lender if the
property falls into foreclosure with the lender.
4. That the Developer complete the financing within 60 days for the purchase of 1924 "Q"
Street and the construction of the theater.
Staff, with the developer's concurrence, incorporated the first three items into the amendment
document. However, the developer has informed us that due to the many urban design changes
to the project, it is necessary to refine the design plans and obtain new construction estimates
before they can obtain their construction financing for the planned first phase of the commercial
project. They have indicated the first phase will consist of the theater, retail and office to be
located between "Q" Street and "N" Street and California Avenue and 14th. Unfortunately, staff
was not aware of the impact of these design changes to the theater construction component and
incorrectly relayed information to the City Council that the theater was still part of the planned
June financing. The developer is ready to complete the financing required for the acquisition of
1924 "Q" Street, which is the property needed to exchange with the Assistance League and
currently owned by the State of California.
ADMINISTRATIVE REPORT Page 2
To clarify the financing information, staff is requesting that the 60 day financing timeline language
in the amendment be applicable only to the 1924 "Q" Street property acquisition. The
amendment currently allows the developer until December 31, 2006 to finance and construct the
project.
This project has gone through several evolutions since the original City Center plan. Over the
ensuing months continued progress has been made by the parties towards identifying a planning
concept of a quality urban village to include; theaters: retail, restaurants, office and housing.
Additionally during these months, a new development entity has been created and all of the land
required for the first phase of the commercial project has either been acquired or secured for
acquisition by the developer demonstrating a significant capital investment in the project.