HomeMy WebLinkAbout07/07/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS
JULY 7, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CONSENT CALENDAR
.Ordinances:
Item 3c. First Readinq of an Ordinance Chanqinq the Zoninq to Allow a Self-storaqe and Recreational
Vehicle Storaqe Facility on 5.97 Acres Generally Located on the Northwest Corner of Wilson and South
Real Roads. The facility will be operated in conjunction with the existing Derrel's mini-storage located
on the south side of Wilson Road. On May 20, 2004, the Planning Commission recommended approval
of a PCD (Planned Commercial Development) zone to allow the 122,000 square foot facility.
This in-fill project will be developed in two phases. The first phase will include completion of the
perimeter storage buildings, all street improvements, and landscaping. Phase 2 is the removal of the RV
storage and construction of the interior storage buildings. The timing of Phase 2 is dependent upon
market demands and is intended to be temporary until there is a demand for constructing the interior
storage units. The applicant has agreed to several conditions of approval to address lighting, security
camera placement and pole heights that limit intrusion into the adjacent residential neighborhood.
Item 3d. First Readinq of an Ordinance Addinq a Section to the Municipal Code Related to Smokinq
Requlations in Enclosed Areas. This ordinance basically adopts State standards regarding smoking and
fills the loophole in State law by prohibiting smoking lounges to be located in or adjacent to bars. It also
allows for more effective enforcement by allowing the Fire Chief or his designee to enforce violations
administratively through fines.
Aqreements:
Item 3i. Aqreement with Orqanizational Effectiveness Consultinq to Provide Strateqic Planninq Services
for the Police Department in an amount not to exceed $45,000. The purpose of the process is to assist
the department in determining local needs which should be addressed, and developing a comprehensive
and effective plan. Three proposals were received and evaluated by supervisory and management staff
of the department. On October 25, 2003, Supplemental Law Enforcement Funds from the State were
appropriated to fund this plan.
Item 3k. Aqreement with Berryman & Heniqar, Inc. to Provide Inventory Valuation Services Related to
Governmental Accountinq Standards Boards (GASB/ Statement #34 Compliance Requirements in an
amount not to exceed $861900. One major component of GASB #34 was related to the reporting of
infrastructure assets in the public agency financials. This would include assets such as streets, traffic
signals, median landscaping, street lights and a list of other items that have previously not been valued
and reported as assets in our financial statements. The City must comply with this portion of the new
requirements no later than June 30, 2006; with comparative data provided as of June 30, 2005.
The City does not have the expertise to accumulate this huge amount of data, and then appraise and
value the various types of assets associated with this reporting requirement. In January 2003, proposals
were received from 7 firms; however, the project was put on hold due to budget concerns, and the
monies for the project were frozen.
In April 2004, staff resumed the process with the understanding that funds might be made available in
the 2004-05 budget. The three lowest bid firms were invited to participate in a panel interview with City
staff to verify their understanding of the project and confirm their expertise and experience with inventory
Agenda Highlights
July 7, 2004
Page 2
and valuation of infrastructure assets. The highest rated firm was Berryman & Henigar, with a cost not to
exceed $86,900.
While City staff does not tike, or agree with this new requirement, we have no real choice in the matter. It
is essentially an unfunded mandate.
Item 3m. White Lane / State Route 99 Proiect. The Department of Transportation (CaITrans) is currently
constructing an auxiliary lane on southbound State Route 99 from Planz Road to White Lane and
reconstructing the southbound exit ramp at the White Lane Interchange. In order to expedite the project,
CalTrans requested that the City acquire land for additional right-of-way necessary to construct the
improvements, and obligated $125,000 for this purpose. It became apparent, through appraisals of the
properties, that the impacts to the affected property owners are considerably higher than originally
estimated. CalTrans has approved an additional $125,000 for a total of $250,000 to acquire the right-of-
way.
Bids:
Item 3p. Accept Base Bid and Award Contract to Granite Construction Company to Resudace Various
Streets in the amount of $1.643.461.30 fFY 2003/04). Three acceptable bids were received, with Granite
Construction Company being the Iow bidder. To fund the project, staff recommends use of an available
$1,000,000 from a streets resurfacing project in the FY 2004/05 CIP Budget and transferring $800,000
from the Streets Divisions Operating Budget to the CIP Budget. The difference of $156,538 wil1 be
available for potential change orders, material testing services, construction inspection services and
other miscellaneous costs.
Item 3q. Award Contract to Brown and Fowler Construction for the Wayside Plavaround Rehabilitation
Project in the amount of $208,872.25. The project consists of furnishing and installing a complete new
playground. One acceptable bid was received. Staff recommends award to Brown and Fowler
Construction.
Miscellaneous:
Item 3u. Residential Cul de Sac Parkina Reaulation. During Public Statements at the last Legislative
and Litigation Committee meeting, a citizen brought to the Committee's attention problems with parking
in cul de sacs in residential areas. In conformance with Council policy, the Committee is asking that this
issue be referred to the Legislative and Litigation Committee for review, discussion and recommendation.
Item 3w. Appropriate Contributions Totalinq $45,280 to the Recreation and Parks Department OPeratina
Budqet within the General Fund for Various Recreation Proqrams. The community has contributed to
several programs which had been slated for reductions or elimination. The donors are listed in the
administrative report.
CONSENT CALENDAR HEARINGS
Item 4a. Public Hearinq to Consider Resolution reqardinq Cost Recovery Fees - Fire. The Certified
Unified Program Agency (CUPA) Fees were last increased in 2002 and most other Fire Department fees
have been increased nominal amounts over the past two years; however, the fee increases did not
recover the true cost of providing the services. The Fire Department is now proposing to increase the
majority of their fees approximately 20% in order to recover 100% of the cost of providing the services.
Most fire fees are generated as a result of increased local development necessitating the need for more
fire safety inspections, inspections for new construction (alarms, sprinklers), administering the
Underground Storage tank program and inspections of the business plans for facilities handling
hazardous materials.
Agenda Highlights
July 7, 2004
Page 3
Fire Department staff met with representatives of the Building Industry Association (BIA), who indicated
that ail questions were answered by staff and that there was no opposition to the proposed fee
increases. Therefore, staff is recommending the proposed fee increases and decreases be adopted by
resolution, and become effective July 8, 2004. A summary of the fees proposed to change, and the
increases and decreases recommended by staff, are detailed in the administrative report.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
HEARINGS
Item 11a. General Plan Amendment No. 04-0457 to Chanqe the Circulation Element for an Area
Located Generally South of State Hiqhway 178, East of Comanche Drive. This amendment would set
the stage for the development of the collector segment to be extended south of State Highway 178 to
realign in an east-west direction to meet with Chase Avenue at Comanche Drive and establish a new
collector alignment east of Miramonte Drive. The Public Works Department has determined that these
changes will allow for improvements to the overall circulation system in the general area.
This proposal is the result of recent circulation problems identified in the new residential developments
adjacent the Rio Bravo Golf Course. A series of meetings with Councilman Maggard, property owners
and staff have culminated in this proposal. It is also acknowledged that some of this area south of Rio
Bravo will convert to urban uses and the need to make alterations in the traffic pattern is needed to
accommodate future higher traffic generation. The Planning Commission unanimously approved the
request.
Items 1 lb.. 1 lc. and 1 ld. Continued Public Hearinas to Consider Resolutions Denyinq Appeals by Rio
Bravo Residents and Homeowner's Associations reaardina Vestinq Tentative Tract Maas 5516. 5517
and 6243. Generally Located South of Hiqhway 178, East of Miramonte Drive, Within the Rio Bravo Golf
Course Community. These hearings were continued from the June 9, 2004 Council meeting so that
staff, the applicant, and the area Councilmember could continue to work towards resolution of the
concerns. The Planning Commission approved the tentative tract maps. The appeals are based on the
opinion that circulation issues were not adequately addressed in the design of the tract map.
A Planning Commission Ad Hoc Committee was formed to look into the circulation issue. Although the
process allowed for a beneficial flow of information and ideas, the Committee found it impossible to
resolve all the circulation issues to the full satisfaction of either the applicants or residents of the area.
The Planning Commission did require some changes to the subdivision designs to the extent permitted
by laws and standards regulating subdivisions. These included blocking access to some streets, but not
Casa Club Drive; requiring an alternative access to Miramonte Drive through the new subdivisions; and
an obligation for the subdividers to pay a pro rata share of the cost of a new road to Comanche Drive.
The Traffic Engineer found that the existing roads have adequate capacity to carry the additional traffic of
these subdivisions.
Staff is supportive of the conditions set forth by the Planning Commission, which include Emergency
access only from Vista Grande Drive to tract 5516; contribution from the applicant for tracts 5516 and
5517 toward a future connection from Miramonte Drive to Comanche Road; establishment of a
construction vehicle road along a southerly all weather access road to reduce the amount of heavy
construction equipment using Casa Club Drive; and earlier timing of paving for the southerly access road
Agenda Highlights
July 7, 2004
Page 4
to make it available for full access to all three subdivisions. Staff recommends denial of the appeals and
approval of the tract maps.
Item 11e. Hearina reaardinq the Appeal of Brian Castle to Chanqe the Name of Windsonq Street to
Ashley Castle Street. This issue is the result of a tragic fatal accident. Staff is recommending adoption
of the resolution in favor of changing the street name, which is a reversal of the recommendation to the
Planning Commission.
Staff believes very strongly, however, that the street name policy should be amended simultaneously
with this action so that street name chanqes to recoqnize accident victims will no Ionqer be received or
considered in the future.
One reason is that it places citizens and the City in an unfortunate emotional circumstance. While many
property owners do not want the inconveniences and costs associated with a name change, it is very
hard to say no to grieving family members. It can also be very costly to change street name signs,
computer information, GIS data, maps, personal identification of property owners, and many other
changes are necessitated as a result of these actions. Additionally, depending on the victim's name and
similarity to other street names, it can be a problem for public safety responders, the post office, and
delivery services.
Approved:
John W. Stinson,
Assistant City Manager
cc: Department Heads
City Clerk's Office
New~ Media File
(Ward 6)
(Ward 1)
(Ward !)
(Ward 4)
BAKERSFIELD CITY COUNCIL
AGENDA
JULY 7, 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. ROLLCALL
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of June 23, 2004.
Payments:
Approval of department payments from June 11, 2004 to June 24, 2004 in the amount of
$9,349,489.35 and self insurance payments from June 11, 2004 to June 24, 2004 in the
amount of $175,016.50.
Ordinances:
First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 123-11 ) of Title 17 of the Municipal Code by changing the zoning from a PCD
(Planned Commercial Development) zone to a revised PCD (Planned Commercial
Development) zone to allow a self-storage and recreational vehicle storage facility on 5.97
acres generally located on the northwest corner of Wilson and South Real Roads. (ZC03~
1514) (Derrels Mini Storage/Jim Marino)
First Reading of Ordinance adding Section 15.64.055 to the Municipal Code related to smoking
regulations in enclosed areas.
Resolutions:
Resolution confirming the approval by the Assistant City Manager of the report of the Chief
Code Enforcement Officer regarding assessments of certain properties for which dangerous
buildings have been demolished and authorize collection of the assessments by the Kern
County Tax Collector.
Resolution confirming the approval by the Assistant City Manager of the report of the Chief
Code Enforcement Officer regarding assessments of certain properties for which structures
have been secured against entry or for the abatement of certain weeds, debris and waste
matter and authorize collection of the assessments by the Kern County Tax Collector.
g. Brimhall Planned Drainage Area:
Resolution of Intention No. 1338 to establish the drainage plan for the Brimhall Planned
Drainage Area and preliminarily approving the boundaries of the area and the cost and
fee schedule.
First Reading of Ordinance amending Section 16.32.060 of the Bakersfield Municipal
Code relating to drainage facilities.
(Ward 4)
(Ward 1,3,4,7)
(Ward 1,2,4,5,7) I,
CONSENT CALENDAR continued
(Ward 7) m.
Resolution of Application proposing proceedings for annexation of uninhabited territory
identified as Annexation No. 469 located at the northwest corner of Brimhall Road and
Calloway Drive.
Agreements:
i. Tract Maps and Improvement Agreements:
Final Map with ADH Corporation for Tract 6140 Phase 3 located east of Oswell Street
and south of State Route 58.
Final Map and Improvement Agreements with Stuart Thomas Inc., dba Lennox Homes
for Tract 6192 Unit 1 located south of Hosking Avenue and east of South H Street.
Final Map and Improvement Agreements with Pulte Home Corp. for Tract 6160 located
south of State Route 178 and east of Miramonte Drive.
Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, for Tract
6146 Unit 2 located west of Jewetta Avenue and north of Noriega Road.
Final Map and Improvement Agreement with McMillin Crystal Ranch, LLC, for Tract
6146 Unit 3 located west of Jewetta Avenue and north of Noriega Road.
Final Map and Improvement Agreement with Coker Ellsworth, Inc., for Tract 5696
located east of Fairfax Road and north of Highland Knolls Drive.
Agreement with Organizational Effectiveness Consulting, not to exceed $45,000.00, to provide
strategic planning services for the Bakersfield Police Department.
Agreement with Berryman & Henigar, Inc. to provide inventory valuation services related to
Governmental Accounting Standards Boards (GASB) Statement #34 compliance requirements,
not to exceed $86,900.00.
Agreements to indemnify LAFCO for Annexation No. 450, Proceeding No. 1375 located south
of McKee Road, between Wible Road and State Highway 99; Annexation No. 451, Proceeding
No. 1379 located west of Calloway Drive, north of Snow Road; Annexation No. 452, Proceeding
No. 1382 located north of the Kern River east of Coffee Road; Annexation No. 455, Proceeding
No. 1384 located west of Allen Road north of Palm; Annexation No. 456, Proceeding No. 1375
located south of Panama lane, east of Old River Road; and Annexation No. 458, Proceeding
No. 1386 located east of Oswell Street, generally south of State Route 178.
White Lane/State Route 99 Project:
Amendment No. 1 to Cooperative Agreement No. 03-119 with the State of California,
Department of Transportation for the City to perform right of way acquisition for State
Route 99 southbound auxiliary lane, from Planz Road overcrossing to White Lane.
Appropriate $125,000.00 State funds to the Capital Improvement Budget within the
ISTEA Fund.
3. CONSENT CALENDAR continued
(Ward 1)
(Ward 7)
Bids:
Accept bids to award annual contract to Amber Chemical, Inc. and Kemiron Companies, Inc.,
not to exceed the budgeted amount of $50,000.00, for chemicals for the City's Wastewater
Treatment Plants.
o. Resurfacing Various Streets 2003~2004:
Accept base bid to award contract to Granite Construction Company ($1,643,461.20)
for the Project.
Transfer $800,000.00 of appropriations from the Streets Division's Operating Budget
to the Capital Improvement Budget within the Gas Tax Fund.
Accept bid to award contract to Brown and Fowler Construction ($208,872.25) for Wayside
Playground Rehabilitation Project.
Extend bid from South Kern Machinery ($39,896.98) for one (1) additional diesel powered
rotary mower for the Parks Department.
r. Reject all bids for Mount Vernon Recycling Facility loading dock structure.
s. Reject all bids for Sewer Cleaner Truck.
Miscellaneous:
Residential Cul De Sac Parking. (Staff recommends referral to Legislative and Litigation
Committee)
u. Dedication of Property:
Easement Deed to Pacific Gas & Electric Company, for the relocation of the their
facilities through the City's permanent drainage basin site on the north side of Panama
Lane approximately 473 feet east of Colony Street.
Appropriate contributions totaling $45,280.00 to the Recreation and Parks Department
Operating Budget within the General Fund for various recreation programs.
Staff recommends adoption of Consent Calendar items a through v.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution adopting fees pursuant to the Cost Recovery Program.
Staff recommends adoption of the resolution.
CLOSED SESSION
Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to
subdivision (c) of Government Code Section 54956.9. One (1) potential case.
RECONVENED MEETING - 7:00 p.m.
6. ROLL CALL
7. INVOCATION by Pastor Steven D. Yeary, Brimhall Road Assembly of God Church.
8. PLEDGE OF ALLEGIANCE by Melissa Moore, 4~ Grade Student at Buena Vista Elementary School.
9. CLOSED SESSION ACTION
t0. PUBLIC STATEMENTS
11. HEARINGS - Council may hear Consent hearing items listed but not heard at 5:15 pm portion of meeting
(Ward 3)
General Plan Amendment No. 04-0457; The City's Public Works Department has proposed a
General Plan Amendment, located generally south of State Highway 178, east of Comanche
Drive:
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change the Circulation Element to re-align the collector segment of
Miramonte Drive south of State Highway 178 to realign in an east-west direction to align
with Chase Avenue to Comanche Drive and establish a new collector alignment east
of Miramonte Drive.
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general
plan amendment.
(Ward 3)
Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents
and Homeowner's Associations, upholding the decision of the Planning Commission, adopting
the Negative Declaration, and approving Vesting Tentative Tract Map 5516 generally located
south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community
(Engineer - Porter Robertson/Subdivider - GFC Properties).
Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning
Commission approving the Negative Declaration and Vesting Tentative Tract Map 5516.
(Ward 3)
Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents
and Homeowner's Associations, upholding the decision of the Planning Commission, adopting
the Negative Declaration, and approving Vesting Tentative Tract Map 5517 generally located
south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community
(Engineer - Porter Robertson/Subdivider - GFC Properties.
Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning
Commission approving the Negative Declaration and Vesting Tentative Tract Map 5517.
(Ward 3)
Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents
and Homeowner's Associations, upholding the decision of the Planning Commission, adopting
the Negative Declaration, and approving Vesting Tentative Tract Map 6243 generally located
south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community
(Engineer - Porter Robertson/Subdivider - Three Views, Ltd. Partnership)
Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning
Commission approving the Negative Declaration and Revised Vesting Tentative Tract Map 6243.
11.
(Ward 4)
'12.
13.
HEARINGS continued
Public Hearing to consider Resolution changing the name of Windsong Street to Ashley Castle
Street (Brian Castle) and resolution to amend the changing of street name policy.
Staff recommends adoption of resolution approving the street name change from Windsong Street to
Ashley Castle Street, and amending the street name policy so that applications to name streets for
accident victims will no longer be accepted or considered in the future.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
pi
7/1/04 3:30pm
Respectfully submitted,
Alan Tandy
City Manager
5
ADMINISTRATIVE REPORT
Mi?' I lNG DATE: July 7, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.2,A. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
June 25, 2004
APPROVED
DEPARTMENT HEAD(~
CITY ATTORNEY.
CITY MANAGER
Approval of minutes of the June 23, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Consent Calendar
ITEM: ~,,~, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 24, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Approval of department payments from June 11, 2004 to June 24, 2004 in the amount of
$9,349,489.35 and self insurance payments from June 11, 2004 to June 24, 2004 in the
amount of $175,016.50
RECOMMENDATION:
Staff recommends approval of payments totaling $9,524,505.85
BACKGROUND:
klg
June 24, 2004, 10:30AM
S:~KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services- Planning
June 16, 2004
~..~--~'ROVED
DEPARTMEN,,T/HEAD
c,Ty
CITY MANAGER
An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 123-11) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned
Commercial Development) zone to atlow a self-storage and recreational vehicle storage
facility on 5.97 acres generally located on the northwest corner of Wilson and South Real
Roads (FILE # 03-1514) (Derrets Mini-storage/Jim Marino) (Ward 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On May 20, 2004, the Planning Commission recommended approval of a PCD (Planned
Commercial Development) zone to allow a 122,000 square foot self-storage and recreational
vehicle storage facility on 5.97 acres located on the northwest corner of Wilson and South Real
Roads. The facility will be operated in conjunction with the existing Derrel's mini-storage located
on the south side of Wilson Road.
Only the applicant spoke at the Planning Commission hearing. No one spoke in opposition to the
project. The applicant held a neighborhood meeting on February 23, 2004 at Stine School. The
applicant sent notices to property owners within 300 feet of the project inviting them to attend an
informational meeting regarding the proposed mini storage project. The meeting was held with no
one attending or making comments.
This in-fill project will be developed in two phases. The first phase will include completion of the
perimeter storage buildings on all sides totaling approximately 86,400 square feet of building area.
Aisc included in the first phase are all street improvements, and landscaping. The perimeter
storage walls are proposed at 8'4" in height as is typical with Derrel's facilities. No setback is
proposed along the rear and side yards for the perimeter structures. The rear of these perimeter
buildings serve as the perimeter walls for the project. A minimum 6-foot high masonry wall is
required along the portions of the perimeter where no structure is located.
ADMINISTRATIVE REPORT
The interior of the project would be rough graded and covered with a gravel base with Phase 1.
These graveled areas are for covered and uncovered temporary RV storage. Phase 2 of the project
is the removal of the RV storage and construction of the interior storage buildings. The timing of
Phase 2 is dependent upon market demands. The RV storage is intended to be temporary until
there is a demand for constructing the interior storage units. Some of the RV storage will provide
covers that range from 12 feet to 15 feet in height. The applicant indicates options for RV covers
include shade structures with open sides, partially enclosed and fully enclosed shade structures.
The applicant has agreed to several conditions of approval to address lighting, security camera
placement and pole heights that limit intrusion into the adjacent residential neighborhood. These
conditions mirror conditions the Council recently attached to a Derrels mini-storage project in a
similar setting on Wible Road, south of Panama Lane.
In 1979, the developer at the time deeded 30-feet of land to each single family residential lot along
the west boundary. This additional 30-feet has extended the back yards of the homes, and created
a buffer between the homes and the commercial development. The previous PCD plans approved
for the project site included a mix-use retail shopping center (Zone Change 4956 approved in
1990) and a stand-alone grocery store (Zone Change 5442 approved in 1993). Neither of these
projects were built and the property has remained undeveloped.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area,
therefore a Negative Declaration was prepared and advertised in accordance with CEQA.
JE
Admin\jul\7-7-1514
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~,,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 30, 2004
APPROVED
DEPARTMENT HEAD ~--~
CITY ATTORNEY .~,~
CITY MANAGER ~
An Ordinance adding Section 15.64.055 to the Bakersfield Municipal Code
related to smoking regulations within enclosed areas.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
California law prohibits smoking in most places of employment. It also provides that to the extent
State law does not regulate smoking of tobacco products, local laws may be implemented.
This ordinance basically adopts State standards regarding smoking and fills the loophole in State
law by prohibiting smoking lounges to be located in or adjacent to bars.
Most importantly, and in addition to criminal or civil enforcement, this ordinance allows for more
effective enforcement by allowing the Fire Chief or his designee to enforce violations of the ordinance
administratively through fines.
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S:/COUNCIL~Adrmns\I 5 63 055 SmokingRegsAdrc~n doc
June 30, 2004 4:33 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Consent
ITEM ,,:~. ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
June 22, 2004
APPROVED
DEPARTMENT HE AD~-~/?
CITY ATTORNEY
CITY MANAGER
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which dangerous buildings
have been demolished and authorize collection of the assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on June 14, 2004, by the Assistant City Manager
and all proposed charges were confirmed. The subject properties listed below were determined by
the Building Director to pose an imminent threat to the health and safety of the citizens of the City of
Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter
8.80. The property owners were notified and failed to comply with the Notice of Summary Abatement.
The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 301 S. Owens Street 018-290-13-00-2 $ 6,575.00
2. 915 Q Street 009-171-12-00-5 $ 1,629.00
As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisance listed above
was demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the
City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal
Code. Property owners had been given notice of their right to appear at the hearing on this matter
before the City Manager or his designee and to object to the correctness of the Costs incurred by the
City to remove the public nuisance. The Assistant City Manager has approved the assessments
associated with the above mentioned properties
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work per¢ormed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
JULY30B1 D HRG
June 22, 2004, 4:40PM
P:\july7bld.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Consent
ITEM ~ ,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
June 22, 2004
CITY MANAGER
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debds and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Ward 1)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on June 14, 2004, by the Assistant City Manager
and all proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned
dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds,
debris and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director, the
Director issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 707 Baldwin Farms Drive 516-091-09 $ 489.00
2. 6825 Betty Street 516-032-21 $ 344.00
3. 420 S. Brown Street 019-072-02 $ 539.00
4, 607 S. Haley Street 019-102-16 $ 739.00
5. 3508 Horne Street 172-091-33 $ 744.00
6. 500 L Street 009-440-01 $ 520.00
7. 501 L Street 009-302-10 $ 440.00
8. 1003 & 1005 L Street 009-112-08 & 09 $ 343.00
9. 310 Ohio Drive 169-070-20 $ 344.00
June 22, 2004, 4:40PM
P:\julyTbll doc
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
10. 3513 Oliver Street 172-102-16 $ 270.00
11. 212 S. Owens Street 018~230-09 $ 1,270.00
12. 1010 P Street 009-052-08 $ 430.00
13. 915 Q Street 009-171-12 $ 1,339.00
14. 1104 2nd Street 010-240-14 $ 1,019.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
June 22, 2004, 4:40PM
P:\julyTbll .doc
MEETING DATE: July 7, 2004
ADMINISTRATIVE REPORT
IAGENDA SECTION: Consent Calendar
ITEM: ,~. ,~.
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 23, 2004
Brimhall Planned Drainage Area (Ward 4)
,~,~3IROVED
DEPARTMENT HEAD //
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1338 to establish the drainage plan for the Brimhall Planned
Drainage Area and preliminarily approving the boundaries of the area and the cost and fee
schedule.
Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to
Drainage Facilities. (First Reading)
RECOMMENDATION:
the ordinance.
Staff recommends approval of the Resolution of Intention and first reading of
BACKGROUND: The City is proposing a drainage system to consolidate the drainage facilities for the
area north of Brimhall Road and between Jewetta Avenue and Verdugo Lane. The proposed system will
consist of a pipeline system that will drain water to a central basin. Funding for this project would be
through a Planned Drainage Area (PDA). Future developments in this area would pay their proportionate
share of the cost of this project.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
This ordinance adds the Brimhall Planned Drainage Area to the list of Drainage Areas for which
subdividers/developers are charged at time of development to pay the cost of constructing the planned
facilities.
June 23, 2004, 5:45PM
G:\GROUPDAT~ADMINRPT~2004\07-07~BrimhalI-Admin_Res of Int. DOC
Jh/Cv
ADMINISTRATIVE REPORT
IMEETING DATE: July 7, 2004
IAGENDA SECTION: Consent
ITEM: ~,~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 23, 2004
. ~d~PIROVED
CITY MANAGER
Resolution of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 469 located at the northwest
corner of Brimhall Road and Calloway Drive. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 469 to the City of Bakersfield. The proposed annexation consists
of 8.5 acres of uninhabited land located at the northwest corner of Brimhall Road and Calloway
Drive.
The property owner has consented to annexation. The owner wants to receive city services.
MO
p:admin\july\7-7-469
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA S,ECTION: Consent Calendar
ITEM: 9. I,
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
(6)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 18, 2004
Tract Maps and Improvement Agreements
APPROVED
DEPARTMENT HEA~~a_~
CITY ATTORNEY
CITY MANAGER
Final Map with ADH Corporation for Tract 6140 Phase 3 located east of Oswell Street and
south of State Route 58. (Ward 1)
Final Map and Improvement Agreements with Stuart Thomas Incorporated DBA Lennox
Homes for Tract 6192 Unit t located south of Hosking Avenue and east of South H Street.
(Ward 7)
Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6160
located south of State Route 178 and east of Miramonte Drive. (Ward 3)
Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, for Tract 6146
Unit 2 located west of Jewetta Avenue and north of Noriega Road. (Ward 4)
Final Map and Improvement Agreement with McMillin Emerald Estates, LLC, for Tract 6146
Unit 3 located west of Jewetta Avenue and north of Noriega Road. (Ward 4)
Final Map and Improvement Agreement With Coker EIIsworth, Inc., for Tract 5696 located
east of Fairfax Road and north of Highland Knolls Drive. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
June 18, 2004, 4:39PM
G:\GROUPDAT~ADMINRPT~.004\07-07\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Consent Calendar
TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
William R. Rector, Chief of Police
June 22, 2004
DEPARTMENT HEAD /7.~
CITY MANAGER ~
An agreement with Organizational Effectiveness Consulting, not to exceed $45,000.00 to
provide strategic planning services for the Bakersfield Police Department.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City published request for proposals seeking a vendor to facilitate a strategic plan which will provide
guidance for decision making and continuous development of future services. The purpose of the
strategic planning process is to assist the Bakersfield Police Department in determining local needs which
should be addressed; and developing a comprehensive and effective plan. Three proposals were
received from (1) BFGC Architects Planners Inc., (2) Organizational Effectiveness Consulting, and (3)
Catalano, Fenske & Associates, LLC. The proposals were reviewed by an evaluation team consisting of
supervisory and management staff of the Police Department and recommends awarding the contract to
Organizational Effectiveness Consulting.
On October 22, 2003, Supplemental Law Enforcement Funds received from the State of California in the
amount of $45,000 was appropriated to fund this strategic plan.
rcu
June 22, 2004, 10:22AM
P:~ADMRPT~Strategic Planning Services.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Consent Calendar
ITEM: ~,~. ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 29, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER.
Agreement with Berryman & Henigar, Inc. to provide inventory valuation services related to
Governmental Accounting Standards Board (GASB) Statement #34 compliance
requirements, not to exceed $86,900.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In 1999 the GASB issued Statement #34, which mandated additional reporting requirements of all public
agencies. The City has complied with many of the reporting requirements beginning with our June 30,
2002 financial statements. One major component of GASB #34 was related to the reporting of
infrastructure assets in the public agency financials. This would include assets such as streets, traffic
signals, median landscaping, street lights and a list of other items that have previously not been valued
and reported as assets in our financial statements. The City must comply with this portion of the new
requirements no later than June 30, 2006; with comparative data provided as of June 30, 2005.
The City does not have the expertise to accumulate this huge amount of data and then appraise and value
the various types of assets associated with this reporting requirement. A Request for Proposal (RFP) was
distributed for these services back in December 2002. Sixteen firms in California were identified as having
some experience and/or expertise in providing this type of inventory and valuation service and the City
invited them all to submit a proposal to provide the referenced services. In January 2003 we received
proposals from seven firms, with estimated costs ranging from $68,200 to $256,200. At this point in the
process we were asked to put this project on hold due to budget concerns. The monies for the project
were frozen and all of the firms that submitted a proposal were informed of our budget situation.
In April 2004 we received permission to proceed with the selection of a consultant with the understanding
that funds might be made available in the 2004-05 budget for the City to fully comply with the reporting
mandates of GASB 34. We invited the three lowest bid firms to the City for a panel interview with City staff
to verify their understanding of the project and confirm their expertise and experience with inventory and
valuation of infrastructure assets. The three firms invited to the interviews were:
American Appraisal Associates
Berryman & Henigar, Inc.
Omnis, Inc.
Los Angeles, CA $ 68,200
San Diego, CA $ 86,900
Chino Hills, CA $104,170
June 29. 2004, 11:34AM
S:\NELSON~Admin~inventory valuation 2004-05.doc
ADMINISTRATIVE REPORT
The City panel included the Assistant Finance Director, the Public Works Operations Manager, the GIS
supervisor, a Public Works Civil Engineer III and an Accounting Supervisor.
The five panel members reviewed the written proposals and graded the interview applicants based on the
following criteria:
1) Understanding of the engagement;
2) Acceptability of approach and work plan;
3) Qualifications of the firm;
4) Qualifications of assigned staff; and
5) Overall fees.
The lowest bid on price alone was $68,200; submitted by American Appraisal Associates. This firm was
interviewed and was deemed unacceptable by the panel. The second Iow bid was submitted by Berryman
& Henigar ($86,900). The City panel unanimously agreed that Berryman & Henigar was well qualified and
was ranked the most responsive bidder who could accomplish this project at an acceptable price. Four
references were checked with other cities that have had recent experience with this firm (and the same
project manager) and all four references gave positive feedback regarding both the firm and the project
manager.
klg
June 29, 2004, 11:34AM
S:\NELSONV~dmin-inventory valuation 2004--05,doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004 AGENDA SECTION: Consent
TO: Honorable Mayor and City Council APPROVED
FROM: Development Services o Planning DEPARTMENT
DATE: June 23, 2004 CITY AI'rORNEY/~ /-~
/
CITY MANAGER
SUBJECT:
Agreements to Indemnify LAFCO for City Annexation No. 450, Proceeding No. 1375
located south of McKee Road, between Wible Road and State Highway 99; City Annexation
No. 451, Proceeding No. 1379 located west of Calloway Drive, north of Snow Road; City
Annexation No. 452, Proceeding No. 1382 located north of the Kern River east of Coffee
Road; City Annexation No. 455, Proceeding No. 1384 located west of Allen Road north of
Palm; City Annexation No. 456, Proceeding No. 1375 located south of Panama Lane, east
of Old River Road; and City Annexation No. 458, Proceeding No. 1386 located east of
Oswell Street, generally south of State Route 178. (Wards 1,2, 4, 5, 7)
RECOMMENDATION:
Staff recommends adoption of agreements.
BACKGROUND:
The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a
condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the
annexation areas. The agreement provides that if LAFCO is sued for approving the City's
application for annexation, the city will bear the burden of defense. The property owners of the
annexation areas have all consented to annex their properties to the city.
The annexation areas total approximately 865 acres. All the annexation areas are uninhabited
except for Annexation No. 455 which is located west of Allen Road, generally south of Rosedale
Highway and contains 86 single family homes. The residents of the subdivision have attended
meetings with city staff and agree to annex to the city. LAFCO will conduct a protest hearing for
this annexation prior to completion. No hearing date has been scheduled to date.
MO
Admin\jul\7-1-450+
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Consent Calendar
ITEM: ,~o r~ ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 24, 2004
White Lane / State Route 99 Project (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Amendment 1 to Cooperative Agreement No. 03-119 with the State of California,
Department of Transportation for the City to perform right of way acquisition for
State Route 99 southbound auxiliary lane, from Planz Road overcrossing to White
Lane.
Appropriate $125,000 Caltrans funding to the Capital Improvement Budget within
the ISTEA Fund.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: The Department of Transportation is currently constructing an auxiliary lane on
southbound State Route 99 from Planz Road to White Lane and reconstructing the southbound exit ramp
at the White Lane Interchange. In order to expedite the project, the Department of Transportation
requested the City to perform land acquisition for additional right of way necessary to construct the
improvements. In the original Cooperative Agreement, Caltrans obligated $125,000 to the City for the
purchase of the additional right of way. In the process of acquiring the additional right of way, it has
become apparent, through appraisals of the properties, that the impacts to the affected property owners
are considerably higher than Caltrans originally estimated. Caltrans has reviewed the City's appraisals
and has approved an additional obligation of $125,000 for a total of $250,000.
nvf
6/28/2004 3:3022 PM
G:\G R OU PDAT~A D MIN R PT~2.004\07 ~) 7~Ame nd Caltrans_WhiteLane_Coop doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~,~. I'1,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 22, 2004
APPROVED
DEPARTMENTHEAD~,/~~
ClTYATFORNEY
ClTY MANAGER ~'~
SUBJECT:
Accept bids to award annual contracts to Amber Chemical, Incorporated, and Kemiron
Companies, Incorporated, not to exceed the budgeted amount of $50,000.00, for chemicals
for the City's Wastewater Treatment Plants.
RECOMMENDATION: Staff recommends acceptance of bids and award of contracts.
BACKGROUND: These contracts will be used to provide chemicals for wastewater treatment. Four (4)
bids were received. Departments estimate quantities and types of supplies that may be required for the
contract period. The unit prices of the four (4) bidders were compared to determine the Iow bidder, and
the lowest prices were offered by Amber Chemical, Incorporated and Kemiron Companies, Incorporated.
Purchasing Division
DW:Ijm
P:~ADMIN~.004 AOMIN\C04_0707_A_Wastewater Treatment Chemicals.doc
June 22, 2004, 9:01AM
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~). O ·
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 24, 2004
~I~ROVED
DEPARTMENT HEAD I Ik~ ~.
CITY ATTORNEY ~
CITY MANAGER ~
Resurfacing Various Streets 2003/2004 (All Wards):
1. Accept base bid to award contract to Granite Construction Company ($ 1,643,461.20)
for the Project.
2. Transfer $800,000 of appropriations from the Streets Division's Operating Budget to the
Capital Improvement Budget within the Gas Tax Fund.
RECOMMENDATION:
Staff recommends acceptance of iow bid, award of contract, and approval of
transfer.
BACKGROUND: The Base Bid of this project consists of resurfacing the following streets:
Tower Way - Mohawk Street to West Commercenter
West Commercenter - Tower Way to California Avenue
East Commercenter - California Avenue to Business Park North
Business Park North - Mohawk Street to East Commercenter
Mohawk Street - California Avenue to Business Park North
Lily Drive - White Lane to Olympia Drive
La Costa Street - Auburn Street to University Avenue
University Avenue - River Boulevard to Haley Street
Haley Street - Columbus Street to University Avenue
Chester Lane - Oak Street to Oleander Drive
Real Road - Stockdate Highway to California Avenue
South Laurelglen Boulevard - Gosford Road to El Portal Drive
Scarlet Oak Boulevard - Mountain Oak Drive to Ming Avenue
Wilson Road - Agate Street to Hughes Lane
Funds in the amount of $1,000,000 are available from a streets resurfacing project in the FY04/05 Capital
Improvement Program Budget. Staff recommends award of base bid and transfer of additional funds in
the amount of $800,000. The difference between the base bid and the amount to be appropriated is
$156,538. This amount will be available for potential change orders, material testing services,
construction inspection services and other miscellaneous costs.
The determination of Iow bid was based on the Total Base Bid only, as specified in the project
specifications per legal requirements.
ADMINISTRATIVE REPORT
Three acceptable bids were received on June 24, 2004, as follows:
Granite Construction Company
James Road
Bakersfield, CA 93308 (County)
Bowman Construction
3527 Brian Way
Bakersfield, CA 93308 (County)
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in the amount of
in the amount of
in the amount of
Total Base Bid
Total Additive Alternate #1
Total Additive Alternate #2
Total Additive Alternate #3
Total Base Bid
Total Additive Alternate #1
Total Additive Alternate #2
Total Additive Alternate #3
Total Base Bid
Total Additive Alternate #1
Total Additive Alternate #2
Total Additive Alternate #3
$1,643,461.20
$78,287.70
$153,351.00
$177,771.10
$1,651,816.89
$66,636.20
$142,512.48
$153,022.90
$1,667,190.61
$59,937.83
$124,177.78
$141,133.78
cmw
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen
Director of Recreation and Parks
June 23, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Accept Bid to Award Contract to Brown and Fowler Construction in the Amount of
$208,872.25, for Wayside Playground Rehabilitation Project. (Ward 1).
RECOMMENDATION: Staff recommends acceptance of bid and award of the contract.
BACKGROUND: The project consists of furnishing and installing a complete new playground at Wayside
Park.
Bid packets were sent out to eleven (11) contractors. One (1) bid was received. The lowest responsible
bid for Wayside Playground Rehabilitation Project totals $208,872.25. The project is funded with CDBG
funds. The single bid received is below the engineers estimate for the project and is from a contractor that
has performed satisfactorily on similar projects for the city in the past.
One (1) bid was received as follows:
Brown and Fowler Construction
3008 Antonino Avenue
Bakersfield CA 93308
in the amount of
$208,872.25
June 25, 2004, 11:54AM
P:\Wayside playAd min Rpt Form .doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 22, 2004
TO:
FROM:
DATE:
AGENDA SECTION: Consent Calendar
TEM: ~, ~{~.
APPROVED
DEPARTMENT HEAD .,~. ~'~c'~*~-
CITY A'I'TORNEY ~/'~
C, MA. AGER
SUBJECT:
Extend bid from South Kern Machinery, $39,896.98, for one (1) additional diesel powered
rotary mower for the Parks Department.
RECOMMENDATION: Staff recommends extension of bids.
BACKGROUND: At the Council meeting of July 30, 2003, South Kern Machinery was awarded the bid for
the purchase of diesel powered rotary mowers. The specifications included a provision whereby, with the
written approval of both the bidder and the City, the City may purchase additional units at the same per
unit cost for a period of time after acceptance of the original bid. South Kern Machinery has indicated their
approval of extending the same per unit cost for this purchase. This bid reflects a 26% discount available
through California Multiple Award Schedule B (CMAS), a California State contract.
Purchasing Division
DW:ljm
P:~ADMIN~2004 ADMIN\C04_0707_C_Diesel Powered Rotar~ Mower.doc
June 22, 2004, I0:39AM
MEETING DATE: July 7, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: ~.,~. ¢'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 24, 2004
APJI~clOVED
DEPARTMENT HEAD
CITY A'rFORNEY
C MA.A ER
Reject all bids for Mount Vernon Recycling Facility Loading Dock Structure (Ward 1).
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This project consists of a truck loading ramp below ground, and asphalt paving.
bids received are significantly higher than the Engineer's estimate of $115,000.
Four bids were received on June 22, 2004 as follows:
W.M. Lyles
1210 W. Olive Avenue
Fresno, CA 93728 (Out of town)
Granite Construction Company
585 W. Beach Street
Watsonville, CA 95076 (Out of town)
Mauldin-Dodmeier Const., Inc.
3240 N. Millbrook
Fresno, CA 93726 (Out of town)
Brown & Fowler Construction
3008 Antenine Avenue
Bakersfield, CA 93308 (Local)
in the amount of
in the amount of
in the amount of
in the amount of
$216,920
$222,770
$248,640
$257,825
The
Staff recommends combining this project with the new loading dock included in the 04/05 CIP. The
projects will then be re-advertised with construction to commence in the spring of 2005.
REB/PW-Engr.
June 24, 2004, 2:01 PM
G:\GROUPDAT~ADMINRP'F~2004\07-07~Loading Dock-Green Waste.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. 5.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 22, 2004
APPROVED
DEPARTMENT HEAD,,,¢'~
city A'n'ORNE¥
CITY MANAGER
SUBJECT: Reject bids for Sewer Cleaner Truck.
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Four (4) bids were received, however, none met the minimum specifications and all
exceeded the amount budgeted. Staff will evaluate the department needs and re-bid the equipment at a
later date.
Purchasing Division
DW:ljm
P:~ADMIN~004 ADMIN\C04_0707_B_Sewer Cleaner Truck REJECT.doc
June 22, 2004, 10:30AM
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar
ITEM: 8. '!-.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
June 15, 2004
Residential Cul De Sac Parking
APPROVED
DEPARTMENTHEAD ~
ClTY ATTORNEY ~
CITY MANAGER ~
RECOMMENDATION:
Staff recommends referral to Legislative and Litigation Committee.
BACKGROUND:
Under public statements at its last meeting, Mr. Michael Baker brought to the Legislative and Litigation
Committee's attention problems with parking in cul de sacs in residential areas. In conformance with
Council policy, the Committee is asking this issue be referred to the Legislative and Litigation
Committee for review, discussion and recommendation to Council.
June 30, 2004, 10:52AM
P:\L&L~,dmin Reports'~,DMO4-07-O7-l-CulDeSacParking.doc
ADMINISTRATIVE REPORT
MEETING DATE July 7, 2004
AGENDA SECTION: Consent Calendar
ITEM: 3o U..0
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 23, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Dedication Of Property: On City drainage basin property on the north side of Panama
Lane easterly of Colony Street. (Ward 7)
An Easement Deed from the City Of Bakersfield to Pacific Gas and Electric Company, a
California corporation, for the relocation of their facilities through the City's permanent
drainage basin site on the north side of Panama Lane approximately 473 feet east of
Colony Street.
RECOMMENDATION: Staff recommends approval of the grant of easement
BACKGROUND:
PG&E is relocating their pole line and electrical facilities in this area to allow for the construction of a
right turn lane on the north side of Panama Lane at Colony Street. City Public Works staff has agreed
to allow a portion of the realigned facilities to extend through the south end of the City's drainage basin
property east of Colony Street. PG&E requested the easement from the City to allow for the facilities to
cross City property. Said drainage basin property is more particularly described as Lot 126 of Tract No.
4117 filed for record in Book 29 of Maps, Page 111, Kern County Records.
G:\GROUPDAT~ADMINRPT~2004\07-07\Ded of Property- PG&E at Panama Ln.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Consent Calendar
TEM: ~, ~/.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Director of Recreation & Parks
June 29, 2004
APPROVED
DEPARTMENT HEAD ~_~
CITY ATTORN YE~~
C 'MA.AGER
Appropriate contributions totaling $45,280 to the Recreation and Parks Department
Operating Budget within the General Fund for various recreation programs.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
Recently, the community has contributed to several programs offered through the Recreation and Parks
Department which were slated for reductions or elimination. Numerous donations were received to assist
in funding the programs for activities in FY 04-05.
programs to which they will be applied:
Contributor Amount
Health Net $25,000
First 5 Kern $ 5,000
Kern Schools FCU $ 5,000
Bob Hampton $ 3,500
Bakersfield Californian $ 200
McMurtrey Fundraising Dinner $ 4,780
Various Sponsors $1,100
Anonymous
$ 700
$45.280
The following are the amounts received and the
Program
MLK After-School Program
Swimming vouchers/scholarships
MLK Camp King
MLK Camp King Scholarships
Musicfest Booth Sponsor
McMurtrey Aquatic Programs
Program/Activity Brochure printing
expenses
MLK Camp King
R J\ June 29, 2004, 11:09AM
S:~2004 Admins\FY 04-05 Approps doc
ADMINISTRATIVE
REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Hearings
ITEM: ~.O..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
June 25, 2004
DEPARTMENT HEAD
ClTY A11'ORNEY
CITY MANAGER
Resolution Adopting Fees Pursuant to the Cost Recovery Program.
APPROVED
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND:
State law requires new fees and charges, as well as increases in existing fees and charges, be adopted
by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70
of the Bakersfield Municipal Code.
The Certified Unified Program Agency (CUPA) Fees were last increased in 2002 and most other Fire
Department fees have been increased nominal amounts over the past two years, however, the fee
increases did not recover 100% of the cost of providing the services. The Fire Department is now
proposing to increase the majority of their fees approximately 20% in order to recover 100% of the cost of
providing the services. Most fire fees are generated as a result of increased local development
necessitating the need for more fire safety inspections, inspections for new construction (alarms,
sprinklers), administering the Underground Storage tank program and inspections of the business plans for
facilities handling hazardous materials.
The Fire Department has several State-mandated inspections for day care and residential care facilities
which are currently set at $50 per hour. Day Care and residential care facilities apply to the State for a
permit. The State requires a fire clearance before the permit can be issued. The City is notified by the
State and forwards an inspection report to the State upon completion of the inspection. The inspection
consists of a check of all fire code conditions primarily access, exiting, signs, smoke detectors fire
extinguishers etc. The cost for these inspections has not increased in years because staff assumed the
fee was set by the State and limited at $50. City staff called several State agencies and none could
confirm that the fees were set by their agency. Therefore, staff is recommending the fee be increased to
$90 per hour to reflect the true cost of providing the service and to be consistent with other fire safety
inspections performed by the department.
The Fire Department discovered they were not recovering the cost of final inspections that fire inspectors
perform on buildings that do not involve fire safety systems. The inspection is similar to the inspection of
Day Care facilities in that the fire inspectors check access, exiting, fire extinguishers etc. Staff is
recommending an additional $90 be added to the building permit for those permits which require a final
inspection but do not require fire safety systems.
ADMINISTRATIVE REPORT Page 2
In addition, the department is recommending a change in the minimum fee for inspection of sprinkler
systems and alarms for all project inspections regardless of the size of the project. Currently, many
businesses are able to avoid paying a fee because they keep the remodel project small enough so that
the project does not trigger the need for an alarm permit. For example, a large project that has been
divided into smaller projects to avoid permits would be the Stockdale Towers. This is a large building and
a high rise. Building permits were issued but no sprinkler or alarm permits were applied for. The building
has been remodeled completely suite by suite over the past several years without permits, yet the
sprinkler system as well as the alarm system is integrated throughout the entire building.
Staff is also recommending the minimum fees for sprinkler systems be changed from $490 to $150. This
corresponds to the application of the $0.033 per square feet charge reducing the minimum square feet
charge from 30,000 square feet to 5,000 square feet.
The same thing applies to the alarm minimums. The current system applies the minimum for ever,/thing
under 30,000 square feet. The new minimum fee applies to everything under 20,000 square feet. As an
example for a 30,000 square feet installation the current fee would be the minimum fee of $195, the
proposed new fee, calculated at $0.00073 per square feet would be $219. By reducing both of these
minimum fees we would also intend to require permits for all modifications regardless of size.
The Fire Department staff met with representatives of the Building Industry Association (BIA) and ¢,~viewed
the proposed fee increases which are needed in order for the Fire Department's Prevention ~ervices
Division to become 100% fee supported. The BIA representative indicated that all of their questions were
answered by staff and they did not indicate any opposition to the proposed fee increases. Therefore, staff
is recommending the proposed fee increases and decreases identified on Exhibit "A" the Master Fee
Schedule be adopted by resolution and become effective July 8, 2004.
Attached for your review is a summary of the fees proposed to change and the increases and decreases
recommended by staff to the Master Fee Schedule as presented on Exhibit "A".
Exhibit "A" Proposed Master Fee Schedule For 2004-05: The attached schedule is a comprehensive list
of all fees authorized under the cost recovery program and is recommended to be adopted by resolution.
Exhibit "B" Proposed Master Fee Schedule For 2004-05 - Proposed Changes Only: The attached
schedule is a complete list of those services that staff is proposing to increase or decrease.
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
IAGENDA SECTION: Closed Session
ITEM: ,.~.o~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 25, 2004
DEPARTMENTHEAD
CITY ATrORNEY
CITY MANAGER
Conference with Legal Counsel -- Potential Litigation
APPROVED
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
One (1) potential case.
RECOMMENDATION:
BACKGROUND:
VG:ls
S:\COUNCIL\CI Sess~Admins~004\06-23-04 Potential.doc
6/25/2004
ADMINISTRATIVE REPORT
MEETING DATE: July 7. 2004
AGENDA SECTION: Hearings
ITEM: II. 0,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
June 24, 2004
APPROVED
DEPARTMENT HE~I~
CITY MANAGER ~'~
SUBJECT: General Plan Amendment No. 04-0457 (Ward 3)
The City of Bakersfield, Public Works Department has proposed a General Plan Amendment, located
generally south of State Highway 178, east of Comanche Drive.
Resolution approving the Negative Declaration and adopting the General Plan Amendment to
change the Circulation Element to re-align the collector segment of Miramonte Drive south of State
Highway 178 to realign in an east-west direction to align with Chase Avenue at Comanche Drive and
establish a new collector alignment east of Miramonte Drive.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
general plan amendment.
BACKGROUND:
This amendment to the general plan would set the stage for the development of the collector
segment to be extended south of State Highway 178 to realign in an east-west direction to meet
with Chase Avenue at Comanche Drive and establish a new collector alignment east of Miramonte
Drive. The Public Works Department has determined that these changes will allow for
improvements to the overall circulation system in the general area.
This proposal is the result of recent circulation problems identified in the new residential
developments adjacent the Rio Bravo Golf Course. A series of meetings with Councilman
Maggard, property owners and staff have culminated in this proposal. It is also acknowledged that
some of this area south of Rio Bravo will convert to urban uses and the need to make alterations in
the traffic pattern is needed to accommodate future higher traffic generation.
The Planning Commission conducted public hearing(s) on this General Plan Amendment and
recommended City Council approval on June 16, 2004. A representative from the Stockdale Oil
and Gas was present at the meeting to express opposition to the new alignment in Section 22.
ADMINISTRATIVE REPORT Page 2
The Public Works Department stated that this alignment will require a specific plan line to be
established under a public hearing and will, at that time, be subject to more scrutiny. There is no
time frame as to when that would occur. Several residents in the Rio Bravo Golf Course
community were in attendance who were in support of the proposal, The Planning Commission
unanimously approved the request, knowing that another public hearing on the specific plan line
would be done at a later time.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 24,
2004, in accordance with CEQA.
MO
Admin~july~7-7-0457
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004
AGENDA SECTION: Hearings
ITEM: I[. IO.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 25, 2004
DEPARTMENT ~Il'ROvED
CiTY ATTORNE~Yy /~ ;/'~
CITY MANAGER ~(~
Continued public hearing to consider resolution denying the appeal by Rio Bravo Residents
and Homeowner's Associations, upholding the decision of the Planning Commission,
adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5516
generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf
Course Community (Engineer - Porter-Robertson / Subdivider - GFC Properties)
(Ward 3).
RECOMMENDATION:
Staff recommends adopting the resolution denying the appeal, upholding the decision of the
Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 5516.
BACKGROUND:
On April 15, 2004 the Planning Commission unanimously approved this project based
recommendations from an Ad Hoc Committee which was appointed to review the issues presented
by the Rio Bravo Residents at the public hearings.
This project was appealed on the basis of circulation issues that the Rio Bravo Residents and
Homeowner's Associations did not feel were adequately addressed in the design of the tract map.
The project consists of a vesting tentative tract map containing 139 lots for single family residential
purposes on 74.47 acres zoned R-1 (One Family Dwelling) and R-1 (One Family Dwelling-Hillside
Development). The application includes a request to allow private streets, reverse corner lots,
streets that do not meet the minimum radius standard, non-radial/non-perpendicular lot lines, block
lengths that exceed standard and a waiver of mineral rights owners signatures pursuant to BMC
Section 16.20.060 B.I.
To eliminate redundancy and for purposes of paperwork reduction, all background materials which
pertain to circulation issues within Tracts 5517, 5516, 6243 (which are being heard concurrently)
have been included in the background materials for this project. As Tracts 5516 and 5517 are
located in the same general location, and have the same applicant, one Negative Declaration was
ADMINISTRATIVE REPORT Page 2
prepared to address the environmental impacts of both of these subdivisions. An addendum to the
Negative Declaration was prepared to address environmental issues relative only to Tract 5517.
For purposes of paperwork reduction the background materials which pertain to environmental
issues for Tracts 5516 and 5517 (Negative Declaration) have been included in the Background
Materials with Tract 5517 only.
A Planning Commission Ad Hoc Committee was formed to look into the circulation issue in the Rio
Bravo Golf Course area. Over the course of three public meetings conducted with homeowners.
The committee received and evaluated many issues from the general to the specific related to
three tracts proposed within the Rio Bravo Golf Course area (Tracts 5516, 5517 & 6243). The
issues and evaluation are presented in the Report to the Ad Hoc Committee for the March 24,
2004 Meeting (Background Exhibit B). Attached to this committee report is the "Summary of public
issues from the February 26, 2004 committee meeting" and the March 3, 2004 memorandum from
Stephen L. Walker, Traffic Engineer, and Marian P. Shaw, Civil Engineer IV. Also included within
the background materials is the latest circulation plan submitted by Kelly Lucas, which provides no
access to Casa Club Drive from the proposed projects and funnels all traffic through the southerly
access road(s). The applicant is completely within his rights to use Casa Club Drive as a main
access road to the project. The committee did not support the proposal by Kelly Lucas. This
alternative is also not recommended by staff.
Although the committee process allowed for a beneficial flow of information and ideas, the
committee found it impossible to resolve the circulation issue to the full satisfaction of either the
applicants or residents of the area. Circumstances inhibiting satisfaction include the limited
authority of the Commission under the Subdivision Map Act, numerous homeowner's associations
and physical constraints to access in the area.
The applicants worked hard to address issues presented by concerned citizens and agreed to
project changes and conditions which assist in funding and constructing improvements early.
However, this developer does not have the obligation to fund or construct improvements not
required by engineering standards and adopted policy.
The conditions added to the project by the Planning Commission are listed below. These
conditions are also contained in the proposed City Council resolution.
The conditions proposed by the committee and adopted by the Planning Commission for all three
subdivisions were as follows:
A. Emergency access only from Vista Grande Drive to proposed tract 5516.
Contribution from the applicant for tracts 5516 and 5517 toward a future connection from
Miramonte Drive to Comanche Road.
Establishment of a construction vehicle road along a southerly all weather access road to
reduce the amount of heavy construction equipment using Casa Club Drive.
Earlier timing of paving for the southerly access road to make it available for full access to
5516, 5517 and 6243.
ADMINISTRATIVE REPORT Page 3
The specific conditions added to Tract 5516 as a result of the Committee meetings were as follows:
1. There shall be no through connection to De La Guerra Terrace in tentative tract 5516. The
applicant shall provide emergency vehicular access from De La Guerra Terrace into the subdivision in
a design approved by the Fire Department, Public Works and Planning Department.
2. All access points that are protected by an unmanned gate, including emergency access points,
shall have an automatic gate opening device (power assisted gate opener) that is activated by the
Opticom Mobil Priority Control System. Installation of the automatic gate system shall be completed
by the developer. Maintenance of the system will be accomplished by the City of Bakersfield at the
expense for such maintenance charged to the homeowners association for tract 5516. CC & R's shall
clearly communicate this responsibility to the homeowners association.
3. Prior to recordation of the 3rd phase of development, the applicant shall enter into an agreement
with the City of Bakersfield for contribution of their proportional share to the cost of providing a road
connection to Comanche Road from or via Miramonte Drive.
In addition, a Circulation Element Amendment to the City's General Plan, adding a collector street
connection from the Rio Bravo Golf Course community to Miramonte Drive/Comanche Road is
proposed (also to be considered at the July 7, 2004 Council hearing). This would eventually provide
additional southerly access to the neighborhood and enhance circulation and emergency services.
Conclusion.
Staff recommends the decision of the Planning Commission be upheld and Vesting Tentative Tract
Map 5516 with conditions as shown on the attached resolution be approved.
LP
Admin\july\7-75516
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings
ITEM: [~.C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 25, 2004
./~PPROVED
DEPARTMENT
CITY AI'FORN.~ ~
CITY MANAGER
Continued public hearing to consider resolution denying the appeal by Rio Bravo Residents
and Homeowner's Associations, upholding the decision of the Planning Commission,
adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5517
generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf
Course Community (Engineer - Porter-Robertson / Subdivider - GFC Properties)
(Ward 3).
RECOMMENDATION:
Staff recommends adopting the resolution denying the appeal, upholding the decision of the
Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 5517.
BACKGROUND:
On April 15, 2004 the Planning Commission unanimously approved this project based
recommendations from an Ad Hoc Committee which was appointed to review the issues presented by
the Rio Bravo Residents at the public hearings.
In addition to making a decision on the appeal, staff is asking the Council to adopt both the Negative
Declaration and an addendum to the Negative Declaration for Tract 5517. The addendum addresses
new information received after adoption of the Negative Declaration by the Planning Commission
relative to earthquake faults located within the subdivision. As Tracts 5516 and 5517 are located in the
same general location, and have the same applicant, one Negative Declaration was prepared to
address issues for both of these subdivisions. Since the addendum pertains only to Tract 5517, and
for purposes of paperwork reduction, the Negative Declaration has been included in the Background
Materials with Tract 5517 only. The subdivision lots were rearranged to respond to the new
information and a mitigation measure requiring further study added to the project.
This project was appealed on the basis of circulation issues that the Rio Bravo Residents and
Homeowner's Associations did not feet were adequately addressed in the design of the tract map. The
original project consisted of a vesting tentative tract map containing 86 lots for single family residential
purposes on 56.04 acres zoned R-1 (One Family Dwelling) and R-I-HD (One Family Dwelling-Hillside
ADMINISTRATIVE REPORT Page 2
Development). The application includes a request to allow private streets, reverse corner lots, streets
that do not meet the minimum radius standard, non-radial/non-perpendicular lot lines, and a waiver of
mineral rights owners signatures pursuant to BMC Section 16.20.060 B.I. As a result of revisions
necessary to mitigate hazards created by earthquake faults within the subdivision, the number of
proposed lots has been reduced to 81 and a non-buildable, open-space lot is being proposed.
To eliminate redundancy and for purposes of paperwork reduction, all background materials which
pertain to Tracts 5516, 5517, 6243 (which are being heard concurrently) have been included in the
background materials for Tract 5516.
A Planning Commission Ad Hoc Committee was formed to look into the circulation issue in the Rio
Bravo Golf Course area. Over the course of three public meetings conducted with homeowners. The
committee received and evaluated many issues from the general to the specific related to three tracts
proposed within the Rio Bravo Golf Course area (Tracts 5516, 5517 & 6243). The issues and
evaluation are presented in the Report to the Ad Hoc Committee for the March 24, 2004 Meeting
(Background Exhibit B). Attached to this committee report is the "Summary of public issues from the
February 26, 2004 committee meeting" and the March 3, 2004 memorandum from Stephen L. Walker,
Traffic Engineer, and Marian P. Shaw, Civil Engineer IV. Also included within the background
materials is the latest circulation plan submitted by Kelly Lucas, which provides no access to Casa
Club Drive from the proposed projects and funnels all traffic through the southerly access road(s). The
applicant is completely within his rights to use Casa Club Drive as a main access road to the project.
The committee did not support the proposal by Kelly Lucas. This alternative is also not recommended
by staff.
Although the committee process allowed for a beneficial flow of information and ideas, the committee
found it impossible to resolve the circulation issue to the full satisfaction of either the applicants or
residents of the area. Circumstances inhibiting satisfaction include the limited authority of the
Commission under the Subdivision Map Act, numerous homeowner's associations and physical
constraints to access in the area.
The applicants worked hard to address issues presented by concerned citizens and agreed to project
changes and conditions which assist in funding and constructing improvements early. However, this
developer does not have the obligation to fund or construct improvements not required by engineering
standards and adopted policy.
The conditions added to the project by the Planning Commission are listed below. These conditions
are also contained in the proposed City Council resolution.
The conditions proposed by the committee and adopted by the Planning Commission for all three
subdivisions were as follows:
A. Emergency access only from Vista Grande Drive to proposed tract 5516.
B. Contribution from the applicant for tracts 5516 and 5517 toward a future connection from
Miramonte Drive to Comanche Road.
ADMINISTRATIVE REPORT Page3
Establishment of a construction vehicle road along a southerly all weather access road to
reduce the amount of heavy construction equipment using Casa Club Drive.
Earlier timing of paving for the southerly access road to make it available for full access to
5516, 5517 and 6243.
The specific conditions added to Tract 5517 as a result of the Committee meetings were as follows:
The final map for phase 2 as shown on the tentative tract shall depict Vernazza Court extended full
width to the south property line to allow for a future street connection. Design shall include a turn
around to allow for future gated access at this entrance/exit. Lots must be designed to allow for
driveway access behind the future gated entrance. Replace "Court" with Way/Lane or Street. This
condition may be waived in the event an alternate access road from the south boundary of Rio Bravo
is constructed, such as an extension of Via Genoa to Miramonte Drive. (Note: Wording shown in bold
was added after Planning Commission approval as a result of meetings herd with Rio Bravo residents, the
applicant and Councilman Maggard).
All access points that are protected by an unmanned gate, including emergency access points,
shall have an automatic gate opening device (power assisted gate opener) that is activated by the
Opticom Mobil Priority Control System. Installation of the automatic gate system shall be
completed by the developer. Maintenance of the system will be accomplished by the City of
Bakersfield at the expense for such maintenance charged to the homeowners association for tract
5517. CC & R's shall clearly communicate this responsibility to the homeowners association.
Prior to recordation of the 3rd phase of development, the applicant shall enter into an agreement
with the City of Bakersfield for contribution of their propodional share to the cost of providing a road
connection to Comanche Road from or via Miramonte Drive.
In addition, a Circulation Element Amendment to the City's General Plan, adding a collector street
connection from the Rio Bravo Golf Course community to Miramonte Drive/Comanche Road is proposed
(also to be considered at the July 7, 2004 Council hearing). This would eventually provide additional
southerly access to the neighborhood and enhance circulation and emergency services.
Conclusion.
Staff recommends the appeal be denied, the decision of the Planning Commission be upheld and Vesting
Tentative Tract Map 5517 with conditions as shown on the attached resolution be approved.
LP
Admin\july\7-7-5517
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 25, 2004
/~,P!ROVED
DEPARTMENT HEAD~
CITY ATI'ORNEY
CITY MANAGER
Continued public hearing to consider resolution denying the appeal by Rio Bravo Residents
and Homeowner's Associations, upholding the decision of the Planning Commission,
adopting the Negative Declaration, and approving Vesting Tentative Tract Map 6243
generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf
Course Community (Engineer - Porter-Robertson / Subdivider - Three Views, Limited
Partnership) (Ward 3).
RECOMMENDATION:
Staff recommends adopting the resolution denying the appeal, upholding the decision of the
Planning Commission approving the Negative Declaration and Revised Vesting Tentative Tract
Map 6243.
BACKGROUND:
On April 15, 2004 the Planning Commission unanimously approved this project based
recommendations from an Ad Hoc Committee which was appointed to review the issues presented by
the Rio Bravo Residents at the public hearings.
This project was appealed on the basis of circulation issues that the Rio Bravo Residents and
Homeowner's Associations did not feel were adequately addressed in the design of the tract map. The
project consists of a vesting tentative tract map containing 37 lots for single family residential purposes
on 12.92 acres zoned R-1 (One Family Dwelling). The application includes a request to allow private
streets, reverse corner lots, streets that do not meet the minimum radius standard, non-radial/non-
perpendicular lot lines, and a waiver of mineral rights owners signatures pursuant to BMC Section
16.20.060 B.1.
A Planning Commission Ad Hoc Committee was formed to look into the circulation issue in the Rio
Bravo Golf Course area. The committee received and evaluated many issues from the general to the
specific related to three tracts proposed within the Rio Bravo Golf Course area (Tracts 5516, 5517 &
6243). In general the issues presented were not as a result of traffic created by Tract 6243. The
issues and evaluation are presented in the Report to the Ad Hoc Committee for the March 24, 2004
ADMINISTRATIVE REPORT Page 2
Meeting (Background Exhibit B). Attached to this committee report is the "Summary of public issues
from the February 26, 2004 committee meeting and the March 3, 2004 memorandum from Stephen L.
Walker, Traffic Engineer, and Marian P. Shaw, Civil Engineer IV. Also included within the background
materials is the latest circulation plan submitted by Kelly Lucas, which provides no access to Casa
Club Drive from the proposed projects and funnels all traffic through the southerly access road(s). The
applicant is completely within his rights to use Casa Club Drive as a main access road to the project.
The committee did not support the proposal by Kelly Lucas. This alternative is also not recommended
by staff.
Although the committee process allowed for a beneficial flow of information and ideas, the committee
found it impossible to resolve the circulation issue to the full satisfaction of either the applicants or
residents of the area. Circumstances inhibiting satisfaction include the limited authority of the
Commission under the Subdivision Map Act, numerous homeowner's associations and physical
constraints to access in the area.
The applicants worked hard to address issues presented by concerned citizens and agreed to project
changes and conditions which assist in funding and constructing improvements early. However, this
developer does not have the obligation to fund or construct improvements not required based on
engineering standards and adopted policy.
The conditions added to the project by the Planning Commission are listed below. These conditions
are also contained in the proposed City Council resolution.
Generally, the conditions proposed by the committee and adopted by the Planning Commission for the
three subdivisions did not pertain to this subdivision, but would require:
A. Emergency access only from Vista Grande Drive to proposed tract 5516.
Contribution from the applicant for tracts 5516 and 5517 toward a future connection from
Miramonte Drive to Comanche Road.
Establishment of a construction vehicle road along a southerly all weather access road to
reduce the amount of heavy construction equipment using Casa Club Drive.
Earlier timing of paving for the southerly access road to make it available for full access to
5516, 5517 and 6243.
The specific conditions added to Tract 6243 as a result of the Committee meetings were as follows:
Prior to ground disturbance, an all weather road shall be constructed from Miramonte Drive
along the Via Napoli/Menaggio Lane alignment to the area of proposed disturbance. This
road shall be used by all heavy construction equipment/trucks entering and exiting the
project site. Heavy construction vehicles and equipment shall not use Casa Club Drive to
enter or leave the site unless the construction road is blocked due to construction, such as
but not limited to installation of improvements. The applicant shall provide signage to direct
heavy equipment and trucks to the Via Napoli entrance and said entrance shall be gated
and locked during non work hours. Road surfacing shall be approved by the Public Works
and Fire Departments.
ADMINISTRATIVE REPORT Page 3
Prior to the Notice of Completion on the first phase or issuance of the first building permit
(including model homes) for tract 6243 the Via Napoli road alignment shall be paved from
Miramonte Drive to provide access to the phase(s) being developed.
In addition, a Circulation Element Amendment to the City's General Plan, adding a collector street
connection from the Rio Bravo Golf Course community to Miramonte Drive/Comanche Road is
proposed (also to be considered at the July 7, 2004 Council hearing). This would eventually provide
additional southerly access to the neighborhood and enhance circulation and emergency services.
Conclusion,
Staff recommends the decision of the Planning Commission be upheld and Vesting Tentative Tract
Map 6243 with conditions as shown on the attached resolution be approved.
LP
Admin\7-7-6243
ADMINISTRATIVE REPORT
MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings
ITEM: [I.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 1, 2004
ARPROVED
DE PARTMENT H
CITY ATTORNEY//
Public hearing to consider resolution changing the name of Windsong Street to Ashley
Castle Street (Brian Castle) and resolution to amend the changing of street name policy.
(Ward 4)
RECOMMENDATION:
Staff recommends the adoption of a resolution approving the street name change from Windsong
Street to Ashley Castle Street, and amending the street name policy so that applications to name
streets for accident victims will no longer be accepted or considered in the future.
BACKGROUND:
This issue is the result of a tragic fatal accident. The staff recommendation to approve the name
change is being made in consideration of that tragedy, and in response to substantial public
opinion that has been received. It is, in fact, a reversal from what went to the Planning
Commission.
Despite the recommended name change in this particular instance, and this unique set of
circumstances, staff believes very strongly that the street name policy should be amended
simultaneously with this action so that street name changes to recognize accident victims will no
longer be received or considered in the future. Some of these reasons include:
1)
It places citizens and the City in an unfortunate emotional circumstance. While many property
owners do not want the inconveniences and costs associated with a name change, it is very hard
to say no to grieving family members.
2)
It can be very costly. Street name signs, computer information, GIS data, maps, personal
identification of property owners, and many other changes are necessitated as a result of these
actions.
3) Depending on the victim's name and similarity to other streets, it can be a public safety response
problem, a problem for the post office, delivery services, and related.
4) Historic neighborhood identification is lost.
Additional background information is attached in the form of a memo from Development Service
Director, Jack Hardisty.
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JUNE 23, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan (seated
at 5:25 p.m.), Salvaggio
Absent: None
2. WORKSHOP
Presentation by representatives from Shell Oil Company
regarding the Bakersfield Shell Oil Refinery.
Aamir Farid, General Manager, Shell Oil Products, U.S.,
spoke on behalf of Shell Oil Refinery and gave a computer
presentation.
Councilmember Maggard requested City staff interface with
Shell staff to implement a plan to facilitate sale of the Shell
facility should a buyer be forthcoming.
3. APPOINTMENTS
One appointment to the Keep Bakersfield Beautiful
Committee, term to expire January, 2009.
Mayor Hall nominated Merry McCauley to fill the vacancy on the
Keep Bakersfield Beautiful Committee.
Motion by Vice-Mayor Couch to appoint Merry McCauley.
APPROVED
Appointment to Solid Waste Management Local Task Force
by Vice-Mayor Couch.
Motion by Vice-Mayor Couch to appoint Councilmember Hanson
to the Solid Waste Management Local Task Force, with
Councilmember Maggard to serve as alternate.
APPROVED
o
Bakersfield, California June 23, 2004 - Page 2
PUBLIC STATEMENTS
None.
CONSENT CALENDAR
Minutes:
Approval of minutes of the meetings of June 7, 2004 and
June 9, 2004.
Payments:
Approval of department payments from May 28, 2004 to June
10, 2004 in the amount of $8,111,249.55 and self insurance
payments from May 28, 2004 to June 10, 2004 in the amount
of $498,075.77.
Ordinances:
Adoption of Ordinance amending Section 10.40.010 of the
Municipal Code relating to the removal of vehicles.
Adoption of Ordinance requiring automatic gate opening
devices on access roads requiring emergency services.
Resolutions:
Resolution determining that Bioxide (chemical) for sewer odor
control and reduction of sulfide gas levels cannot be
reasonable obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding
thereof; no to exceed $325,000.00 annually.
Resolution ordering change of proceedings to reduce
assessments to $2,895,000.00 for parcels located in
Assessment District 03-1 (Brighton Place/Silver Creek II).
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City property
identified as Annexation No. 465 located generally west of
Calloway Drive, north of Snow Road.
ACTION TAKEN
ORD 4194
ORD 4195
RES 201-04
RES 202-04
RES 203-04
Bakersfield, California June 23, 2004 - Page 3
5. CONSENT CALENDAR continued
ACTION TAKEN
Changes to Salary Schedule and New Specifications:
Amendment No. 13 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 Animal
Control Supervisor.
RES 122-01(13)
2. New Job Specification for Animal Control Supervisor.
Agmements:
i. Sewer Connection Fee Assessments:
Resolution confirming assessments for sewer
connection fees and authorizing the collection of
assessments by the Kern County Tax Collector.
RES 204-04
Agreements with property owners to pay sewer
connection fee in installments and notice of special
assessment lien.
AGR 04-150
AGR 04-151
AGR 04-152
AGR 04-153
AGR 04-154
AGR 04-155
AGR 04-156
AGR 04-157
AGR 04-158
AGR 04-159
AGR 04-160
AGR 04-161
AGR 04-162
AGR 04-163
AGR 04-164
AGR 04-165
AGR 04-166
AGR 04-167
AGR 04-168
AGR 04-169
AGR 04-170
AGR 04-171
AGR 04-172
Bakersfield, California June 23, 2004 - Page 4
CONSENT CALENDAR continued
Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with McKee
Road Partners, Inc., for Tract 6178 Phase 2 located
north of McKee Road and west of Akers Road.
Final Map and Improvement Agreements with McMillin
Madison Grove, LLC, for Tract 5993 Phase 7 located
south of Snow Road and west of Calloway Drive.
Ground Lease Agreement with Robert J. Bohn and Katherine
Bohn Trust for purposes of constructing an aircraft storage
hangar at the Bakersfield Municipal Airport.
Agreement between Habitat for Humanity, Golden Empire and
the City for the construction of affordable single-family homes
in the amount of $100,000.00 in HOME CHDO Funds.
Agreement with Calloway Associates for reimbursement and
first right of refusal for property along Calloway Drive and
Olive.
Agreement with Shell Oil Company for $80,000.00 to allow
the City to construct the Allen Road Sewer project where it
crosses the Shell Oil line near Allen Road and Hageman
Road.
Agreement with Southern California Gas Company for
relocation of gas line at intersection of Calloway Drive and
Olive Drive.
Amendment No. 1 to Agreement No 02-184 with Abate-A-
Weed, Inc. extending the term until July 22, 2004 and adding
$10,000.00 additional funds for contract use (for a revised not
to exceed compensation amount of $70,000.00).
Amendment No. 1 to Agreement No. 03-241 with San Joaquin
Supply Corporation to extend agreement for twelve (12)
months (no increase in total compensation not to exceed
$60,000.00) for janitorial supplies.
Amendment No. 1 to Agreement No. 03-242 with P & R Paper
Supply to extend agreement for twelve (12) months (no
increase in total compensation not to exceed $60,000.00) for
janitorial supplies.
ACTION TAKEN
AGR 04-173
AGR 04-174
AGR 04-175
AGR 04-176
AGR 04-177
AGR 04-178
AGR 04-179
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-181
AGR 02-184('1)
AGR 03-241(1)
AGR 03-242(1)
Bakersfield, California June 23, 2004 - Page 5
CONSENT CALENDAR continued
s. Contract Change Order No. 1 to Agreement No. 03-240 with
Bowman Asphalt ($73,209.02, for a revised contract amount
of $1,154,987.02) for the Kern River Bike Path Improvements
and Riparian Restoration Project from Stockdale Highway to
Manor Street.
t. Contract Change Order No. 5 to Agreement No. 03-018 with
S.C. Anderson Inc. ($61,730.49, for a revised contract
amount of $5,607,300.12 for the Bakersfield Ice Center
Project.
Bids:
U.
Accept bid to award annual contract to Battery Systems, Inc.
(not to exceed budgeted amount of $60,000.00) to furnish
automotive batteries.
Accept bids to award annual contracts to Argo Chemical, Inc.,
and Los Angeles Chemical CO., not to exceed $109,000, for
chemicals for the City's swimming pools.
Accept bid to award contract to New Image Commercial
Flooring ($141,269.67) for re-carpet of Bakersfield
Convention Center.
Reject all bids for restoration of concrete decks at the Police
Department building.
Traffic signal and lighting installation on Brimhall Road at
Windsong Street:
Accept Bid to award contract to Loop Electric for
$87,741.75 for project.
Appropriate $90,000.00 Gas Tax Fund Balance to the
Capital Improvement Budget for the construction
phase of the project.
ACTION TAKEN
CCOf 03-240
CC05 03-018
AGR 04-182
AGR 04-f83
AGR 04-184
AGR 04-185
AGR 04-~86
Bakersfield, California June 23, 2004 - Page 6
CONSENT CALENDAR continued
Miscellaneous:
Dedication of Property: Two minimal width strips of road right-
of-way on the west side of Old River Road between Campus
Park Drive and Pacheco Road.
aa.
1. Quitclaim Deed from the City to GMAC Model Home
Finance, Inc., quitclaiming two obsolete portions of
road right-of-way (right turn lanes) in exchange for
right-of-way for an adopted right turn lane in the same
general direction.
Appropriate funds to the Capital Improvement Budget for
previously approved property acquisitions:
1. Appropriate $801,000.00 Sewer Enterprise Fund
balance and $1,424,000.00 Transportation
Development Fund balance to the Capital
Improvement budget for purchase of property at 24~
and Oak Streets for a future interchange and drainage
facilities.
Appropriate $521,080.00 Transportation Development
Fund balance to the Capital Improvement budget for
purchase of property at the southeast corner of
Johnson Road and Manon Drive for the Westside
Parkway.
Motion by Vice-Mayor Couch to adopt Consent Calendar items
5. a. through 5.aa. with removal of items 5. n. and 5. y. for separate
consideration.
Agreement with Shell Oil Company for $80,000.00 to allow
the City to construct the Allen Road Sewer project where it
crosses the Shell Oil line near Allen Road and Hageman
Road.
Motion by Councilmember Carson to approve the Agreement.
Councilmember Maggard requested staff investigate possible
cost savings of delaying the Agreement until Shell closes the
refinery.
ACTION TAKEN
DEED 6f02
APPROVED
AGR 04-180
APPROVED
Bakersfield, California June 23, 2004 - Page 7
CONSENT CALENDAR continued
y. Traffic signal and lighting installation on Brimhall Road at
Windsong Street:
1. Accept Bid to award contract to Loop Electric for
$87,741.75 for project.
ACTION TAKEN
AGR 04-186
2. Appropriate $90,000.00 Gas Tax Fund Balance to the
Capital Improvement Budget for the construction
phase of the project.
Motion by Vice-Mayor Couch to accept the bid and appropriate
the funds.
APPROVED
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution ordering 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.
REMOVED FOR
SEPARATE
CONSIDERATION
Correspondence was received from Beverly Monji in
opposition to the proposed vacation.
Protest hearing as required by Resolution of Intention No.
1333 regarding the street landscaping assessments for the
Consolidated Maintenance District.
Resolution approving and adopting the Public Works
Director's report for the Consolidated Maintenance
District and the 2004-2005 budget, confirming the
street landscaping assessments and authorizing
collection of assessments by the Kern County Tax
Collector.
RES 205-04
Protest hearing as required by Resolution of Intention No.
1334 regarding the park landscaping assessments for the
Consolidated Maintenance District.
Resolution approving and adopting the Public Works
Director's report for the Consolidated Maintenance
District and the 2004-2005 budget, confirming the
park landscaping assessments and authorizing
collection of assessments by the Kern County Tax
Collector.
RES 206-04
Bakersfield, California June 23, 2004 - Page 8
CONSENT CALENDAR HEARINGS continued
Protest hearing as required by Resolution of Intention No.
1335 regarding the assessment for nine (9) Traffic Signal
Maintenance Districts.
Resolution approving and adopting the Public Works
Director's report for nine (9) Traffic Signal
Maintenance Districts and the 2004-2005 budgets,
confirming the assessments and authorizing collection
of assessments by the Kern County Tax Collector.
ACTION TAKEN
RES 207-04
Continued public hearing to consider an increase in the
monthly readiness-to-serve charge and quantity rate for the
City of Bakersfield Water System.
1. Resolution establishing domestic water rates for Ashe,
Fairhaven and Riverlakes Ranch service areas of the
City Water System.
RES 208-04
Hearings opened at 5:50.
James Varner requested on behalf of Beverly Monji and Lela
Olsen Consent Calendar Hearing item 6.a. be continued to
the 7:00 p.m. portion of the meeting.
Hearing item 6.a. continued to the 7:00 p.m. portion of the
meeting.
Hearing items 6.b., 6.c., 6.d., and 6.e. closed at 5:53.
Motion by Vice. Mayor Couch to approve items 6.b., 6.c., 6.d, and
6. e. and continue item 6.a. to the 7:00 p.m. portion of the
meeting.
APPROVED
2. CLOSED SESSION
Conference with Legal Counsel - Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
Motion by Vice-Mayor Couch to recess to Closed Session at 5:54
p.m.
Motion by Vice-Mayor Couch to recess from Closed Session at
6:37 p.m.
APPROVED
APPROVED
Bakersfield, California June 23, 2004 - Page 9
RECONVENED MEETING - 7:00 p.m.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
o
Absent: None.
INVOCATION by Pastor Bob Johnson, Christ's Church of the Valley.
PLEDGE OF ALLEGIANCE by Lena Clair Wilson, 1st Grade Student at
Stockdale Elementary School.
11.
CLOSED SESSION ACTION
ACTION TAKEN
NO
Conference with Legal Counsel - Potential Litigation; Initiation REPORTABLE
of litigation pursuant to subdivision (c) of Government Code ACTION
Section 54956.9. One (1) potential case.
12.
In previous closed session action on May 26, 2004, City Council
unanimously directed the City Attorney to settle the litigation
matters of Goland-Roy v. City of Bakersfield in the amount of
$250,000 and Billings v. City of Bakersfield in the amount of
$77,539.54.
Councilmember Benham left at 7:11 p.m.
PRESENTATIONS
a. Presentation by Mayor Hail of a Retirement Plaque and Gift
Certificate to Joe Moesta, Jr.
APPROVED
Joe Moesta, Jr. made comments.
12.
13.
Bakersfield, California June 23, 2004 - Page 10
PRESENTATIONS continued
Mayor Hall recognized the following high school students who
graduated number one in their respective classes:
Ellen C. Dobie, Collin R. Foe-Parker, Jeffrey W. Lin Grace C.
Liu, lan T. Long, Bakersfield High School; Claudia Rendon,
Bakersfield Adult School; Sarah Merrill, James Witmyer,
Bakersfield Christian High School; Denise K. Benavente,
David W. Johns, Nick A Moreno, Aaron J. Phillips, Emma K.
Sanford, East Bakersfield High School; Andrew Cox, Foothill
High School; Michelle Bravo, Games Memorial High School;
Christopher G. Quon, Highland High School; Margaret
Abernathy, Frank Felice, Liberty High School; Ellen Cho,
Panthea Heydari, Darren Thomas, Katherine Valenzuela,
North High School; Amberia J. Allen, Ridgeview High School;
Spencer Seward, South High School; Kelsey Barney, Jessica
Koh, Noel Lee, Paul MacAIpine, Andrew Reese, Robert
Toledo, Stockdale High School; David Hornung, Valley High
School; Andrew Wren, Vista High School; Corina Castellon,
Vista West High School; Eloy Villanueva, West High School.
Mayor Hall recognized students in the audience.
Councilmember Sullivan recognized students in the audience.
Mayor Hall recognized Merry McCauley, the Mayor's new
appointee to the Keep Bakersfield Beautiful Committee.
Recess taken at 7:20 p.m.
Meeting reconvened at 7:27 p.m.
PUBLIC STATEMENTS
Terry Scott, PG&E, spoke regarding the Bakersfield and Kern
County Energy Watch Program.
Mona Twocats, Chair of the Kern County Homeless
Collaborative, and Walter Williams, Greater Bakersfield Legal
Assistance, extended an invitation to Mayor and Council to
attend a P.A.T.H. (People Assisting the Homeless) Mall
model on July 14, 2004 from 1:30-3;00 in the Truxtun Room
of the Convention Center. Additionally, they suggested the
City and County form a joint affordable housing task force.
Councilmember Carson requested Economic and Community
Development provide an update on the Homeless Task Force
and whit is currently in place for affordable housing.
ACTION TAKEN
t4.
Bakersfield, California June 23, 2004 - Page 11
HEARINGS
Protest hearing as required by Resolution of Intention No.
1327 proposing to add territory, Area 4-29 (Baker Street II) to
the consolidated Maintenance District.
Resolution adding territory, Area 4-29 (Baker Street
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.
Hearing opened at 7:38 p.m.
No one spoke.
Hearing closed at 7:38 p.m.
Motion by Vice-Mayor Couch to adopt the Resolution.
6. CONSENT CALEN DAR HEARINGS (continued from 5:15 portion of
the meeting)
1. Public Hearing to consider resolution ordering 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.
Public Works Director Rojas made staff comments.
Councilmember Benham returned at 7:41 p.m.
Motion by Councilmember Benham to remove the item from the
agenda and re-notice at a future date.
ACTION TAKEN
RES 209-04
APPROVED
AB BENHAM
APPROVED
15,
15.
Bakersfield, California June 23, 2004 - Page 12
DEFERRED BUSINESS
a. Fiscal Year 2004-05 Budget:
Resolution approving and adopting the Operating and
Capital Improvement Budget as amended.
Resolution approving and adopting the Operating and
Capital improvement Budgets for the Bakersfield
Redevelopment Agency as amended.
3. Resolution establishing the appropriations limit.
Assistant City Clerk Gafford announced staff has submitted
an amended administrative report and documents identifying
additional enhancements to the graffiti enhancement
program.
Assistant City Manager Stinson made staff comments.
Vice-Mayor Couch requested staff explore using a separate line
item to address necessary emergency repairs on general fund
facilities.
Motion by Vice-Mayor Couch to adopt the budget.
NEW BUSINESS
Resolution calling and giving notice of holding a General
Municipal Election for the election of Councilmembers for
Wards 2, 5, and 6, a Special Election to elect a
Councilmember for Ward 7 and requesting consolidation with
the County of Kern Statewide General Election to be held on
Tuesday, November 2, 2004.
Councilmember Salvaggio read a letter stating his intent to
resign the Ward 7 Council seat effective the date newly
elected Councilmembers from Wards 2, 5, and 6 are sworn
into office.
ACTION TAKEN
RES 210-04
RES 21f-04
RES 212-04
APPROVED
RES 213-04
Motion by Vice-Mayor Couch to adopt the Resolution. APPROVED
ABS CARSON
17.
Bakersfield, California June 23, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff promptly remove
barricades from the downtown area at the completion of each
summer street fair.
ACTION TAKEN
Councilmember Benham requested staff explore enlisting
assistance from the public to aide in graffiti control; Public
Works to meet with John Enriquez to utilize his expertise in the
effort and coordinate with her.
Councllmember Maggard requested Public Works and
Development Services staff express extreme displeasure to
CalTrans regarding the delay of the overpass project at Hwy.
178/Fairfax, and lack of medlan in the area between Oswell and
Fairfax, which has resulted in loss of life.
Councilmember Maggard requested staff reevaluate time
structure of Council meetings.
Councilmember Hanson requested staff adjust thermostat times
on weekends in City Hall to assure air conditioner does not run
on weekends.
Councilmember Hanson requested information regarding cost
of cleanup of sewer spill on McCutchen and Gosford; staff to
evaluate Wastewater staffing during times of obvious difficulty
and explain why there was no one on duty when the spill
occurred.
Councilmember Carson referred two citizen complaints to the
Police Chief.
Councilmember Carson thanked staff for the reopening events at
MLK pool.
Councilmember Carson requested staff abate weeds on the
vacant lot at 27 Mllham St.
Councilmember Carson requested Bu#ding staff provide a
status update regarding the dental office at the corner of
Brundage Ln. and T Street.
Councilmember Carson requested staff investigate businesses
southeast of California between S and T Streets for not keeping
trash contained. Wind blows trash in the alley and yards of
nearby residents.
17.
Bakersfield, California June 23, 2004 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Carson requested staff recommend tree types
for planting in Lowell Park; coordinate with the Harper family so
trees may be planted on July 8 in memorial of lost family
members.
Councilmember Salvaggio requested staff fill potholes on Ming
Ave., between Hughes Ln. and South H Street, both east and
westbound.
Councilmember Salvaggio requested an update regarding status
of 1816 Hughes Ln.
Councilmember Salvaggio requested staff abate graffiti on the
slatted chain link fence in the alley at the northeast corner of
Hughes Ln. and Planz Rd.
Councilmember Sullivan expressed appreciation for the response to
the new McMurtrey Aquatics Center and requested information
regarding attendance, admission prices, and status of busing
program. Interim Recreation and Parks Director Christensen
responded.
Councilmember Sullivan expressed pleasure at the survival of high
school student Shawn Lorenzo after a 654' fall.
Councilmember Sullivan thanked Mayor's staff for assisting with high
school students honored at this evening's meeting.
Vice-Mayor Couch provided the Hwy 99 Master Plan from LAFCo
and requested Council and appropriate staff be copied.
Vice-Mayor Couch provided information regarding LAFCo issues
pending in the next three months; particularly the Regional
Transportation Plan and the proposed time-line for building the
Alternate 15 Route; staff to contact Mr. Pope regarding
coordination of a City/County response to the proposal
Vice-Mayor Couch submitted a copy and requested Council and
staff be provided copies ora future newspaper insert discussing
KernCOG and it's projects.
Vice-Mayor Couch requested staff respond to a citizen's
concerns regarding inability to read the Bakersfield Entrance
sign on Hwy 99 at Norris Road due to sunlight.
17.
18.
Bakersfield, California June 23, 2004 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Couch requested an update regarding Code
Enforcement issuance of correction notices in the Riverlakes
area for netting preventing golf balls from escaping the golf
course area.
Vice-Mayor Couch congratulated staff for handling of the Sphere
of Influence issue and emphasized for the record, City staff and
Council remain willing to publicly discuss Sphere issues with
City of Shafter representatives.
Vice-Mayor Couch requested information regarding the catering
contract for Centennial Garden.
Mayor Hall thanked everyone involved in the Mayor's Freeway
Cleanup Program.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:48 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California