HomeMy WebLinkAbout10/20/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS
OCTOBER 20, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
REPORTS/~VORKSHOPS
There will a joint presentation by the Recreation and Parks Department, PG&E and the Tree Foundation
regarding solutions to the problem of City trees conflicting with electrical power lines. There will also be
a report by Catherine Medina from the League of California Cities regarding Proposition lA.
CLOSED SESSION
There will be a conference with Real Property Negotiators regarding unimproved property located
approximately ¼ mile east of Heath Road, 1/2 mile west of Renfrow Road, on the north side of Stockdale
Highway.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
There will be one appointment to the Keep Bakersfield Beautiful Committee to be appointed by Vice
Mayor, David Couch.
Resolutions
Item 11d. Resolution Establishinq Disability Retirement Procedures for Safety Members. The City
Attorney has determined that the appeal process that is currently in place does not conform to State law.
This resolution provides that appeals of the City Manager's decisions are to be conducted by an
Administrative Law Judge of the Office of Administrative Hearings. This resolution has been reviewed
and approved by the City's negotiator and all applicable bargaining units.
Aqreements
Item 11f. Aqreement with KONE Inc. for Maintenance of A~I Elevators at City-owned Facilities in an
amount not to exceed $80.000. over a three-year term. The Iow bid was submitted by KONE Inc. The
second Iow bidder filed a written protest claiming that KONE's bid did not comply with the bid
requirements and should be rejected as non-responsive. At staff's request, KONE filed a written
response and provided a list of clients in the Bakersfield area within a 50-mile radius. Staff then
conducted interviews with four of KONE's Bakersfield clients. Based upon KONE's written response,
and after conducting the client interviews, staff recommends denial of the protest and award of the
Elevator Maintenance Contract to KONE Inc.
The not-to-exceed amount of $80,000 is greater than the three-year base of $67,320 (monthly fee
multiplied by 36 months). The difference is for unforeseen repairs, various tests required by the State
and emergency repairs required outside the work hours defined by the Agreement. Funds are included
in the current year budget.
Items 11g., h., and L Aqreements with Bethany Services, Bakersfield Rescue Mission, and the Alliance.
Aqainst Family Violence and Sexual Assault to Support the Operatinq Costs Necessary to Continue
Services usinq Emerqency Shelter Grant ~'ESG~ funds. As a part of the FY 2004/05 budget process, the
Council approved, in principle, the funding for Bethany Services and the Bakersfield Rescue Mission of
up to $61,850 each for eligible ESG activities. The amount approved for the Alliance is in an amount up
Agenda Highlights
October 20, 2004
Page 2
to $15,427. Activities funded by the grant include utilities, office supplies, telephone costs, insurance,
occupancy products, building/grounds maintenance supplies, equipment rental/maintenance, and
janitorial and maintenance services necessary to the on-going operations. All activities funded with the
ESG grant will be completed within one calendar year of execution of the agreement.
Item 11j. Lease Aqreement with the Moore Group, L.P. to Lease 150 Parkinq Spaces at the 18th and
Eye Street Parkinq Structure. The Moore Group, L.P. recently purchased a three-story building in
downtown Bakersfield (old J.C. Penney building) and is in the process of converting the building to
offices and residential units. The Moore Group needs off-street parking for its tenants and customers,
and desires to lease up to 150 parking spaces in the City's 18th and Eye parking structure.
The parking spaces would lease for $25 per space per month. The Moore Group would have 30 months
from the execution of this lease agreement to request the 150 parking spaces. The initial term of the
lease would expire on August 31, 2011. The City may grant 3 options to renew, with each option being
for a period of 10 years. Termination of this lease shall not relieve the Moore Group from payment of any
sum due and owing to the City, or from any claim for damages previously accrued, including but not
limited to, future rentals. The lease terms are further detailed in the administrative report.
Item 11k. Aqreement with Mellon Human Resources & Investor Solutions for Health Care Consultinq in
an amount not to exceed $60.000 annually. Two responses were received to a Request for Proposals.
Staff plus a Union representative interviewed the firms and unanimously agreed to recommend Mellon as
the consultant. Mellon has proposed retaining their current rate of an amount not to exceed $60,000 per
year for three years.
Item 111. Aqreement to Indemnify LAFCO for the Sphere of Influence Amendment. LAFCO approved
the City's application for a change in its Sphere of Influence subject to the condition that the City will
indemnify LAFCO to protect them against any claims of negligence, including its own negligence.
LAFCO will not complete the application without this indemnity. The City will be obligated to defend
LAFCO for any lawsuits brought under the indemnity and will have to pay any damage award.
Item 11m. Amendment No. 4 to Aqreement No. 99-334 with Duane, Morris & Heckscher for Leqal
Services in the Matter of North Kern Water Storaqe District v Kern Delta Water District, et aL ($170.000,
with a total not to exceed amount of $420.000). As is usual in large complex cases, trial expenses a['e
high. After a judgment in the action, staff expects an appeal and additional costs and fees. Additional
funds are required to continue the case on this matter.
Item 11o. Metropolitan Medical Response System (MMRS) Grant. The City was awarded $400,000 in
Federal MMRS Grant monies for FY 2004-05. These grant awards provide major funding to further
enhance and maintain preparedness for local response to high-casualty events until external assistance
arrives. Upon recommendation of the MMRS Steering committee, the Fire Department is requesting
approval of a grant funded position, which will be a coordinator/trainer to educate, train and prepare local
agencies for a terrorist incident. Fire Department staff also proposes to amend the current consultant's
agreement with Best Solutions, Inc. for an additional $36,000 to provide for preparation of the directives
of the grant, oversee the implementation of the Sustainment Plan, attend quarterly Steering Committee
meetings, and provide quarterly performance reports to the Department of Homeland Security/FEMA
Office.
Miscellaneous
Item 11s. Accept Contributions of $12,500 and $10,000 from California Water Service Co. and Kern
County Water Aqency to Fiqht the Desiqnation of the City's 2800 Acre Facility as Critical Habitat for thu
Buena Vista Lake Shrew. Both California Water Service Co. and Kern County Water Agency pledged
additional support as may be needed to share the costs and work with the City in a coordinated effort to
remove the "2800 Acres" from critical habitat designation for the Buena Vista Lake Shrew.
Agenda Highlights
October 20, 2004
Page 3
Item 11w. Report #1-04 from the Leqislative and Litiqation Committee reqardinq Ad Hoc Downtown
Security Committee. The Ad Hoc Downtown Task Force was formed by the Legislative and Litigation
Committee on July 12, 2004 in an attempt to formulate solutions to the security concerns that exist in the
downtown area, primarily on Thursday through Saturday evenings. The Task Force included various
members of the Downtown Business Association, the Alcoholic Beverage Control unit, the District
Attorney's Office, the Chief of Police and members of his staff, the City Attorney, and Legislative and
Litigation Committee Chairperson Sue Benham. Some of the administrative recommendations have
already been implemented. Both the Police Department and the Downtown Business Association have
expressed satisfaction with these efforts. The Legislative and Litigation Committee supports further
recommendations, as listed in the administrative report, for City Council adoption.
Item 11x. Appropriate $2,760,435 Fund Balances to the Operatinq Budqets Within Various Special
Assessment Funds to Facilitate Advance Redemption of Assessment Bonds (Assessment District Bond
Call). During the year, owners may pay the assessment lien balance on their property. The City, as
Trustee, is required to use these additional amounts to "call" outstanding special assessment bonds.
The principal and any premium amounts are forwarded to the City's paying agent to retire bonds in
advance of their normal maturity in accordance with the respective bond indentures.
CONSENT CALENDAR HEARINGS
Item 12a. Continued Protest Hearinq for Proposed Assessment District No. 04-1 (Countryside/The
Homestead/Cherry Hill/Olive Park III). The hearing was originally scheduled for the October 6th Council
meeting; however, City-required back-up documents (improvement bonds) received were insufficient.
The hearing was opened and continued to October 20th. The bond documents have now been received
and the Tract maps were approved. The next step will be the Resolution Approving the Form and
Substance of Preliminary Official Statement and Bond Purchase Contract at the November 17, 2004
Council meeting.
Item 12b. General Plan Amendment/Zone Chanqe on 39.90 Acres, Located at 2329 McKee Road.
This amendment is one of several which urbanize the "island" of agricultural land uses between Pumpkin
Center and the existing southern limit of Bakersfield. Pinnacle Engineering, on behalf of William Gilli,
M.D., requests is a single family residential development with access off McKee Road. Proximity to
Highway 99 requires a sound wall be built, but other than that, this development is typical for the area
and consistent with adjacent development. All services are available, no public opposition was identified
and the Commission approved this project with a unanimous vote.
Item 12c. General Plan Amendment/Zone Chanqe on 141.36 Acres Located on Both the North and
South Side of Kratzmeyer Road on the West Side of Allen Road. This request, by Marino Associates on
behalf of King-Gardiner Farms and the Kern High School District, covers two parcels. Eighty acres north
of Kratzmeyer is proposed for residential development. Property on the south side of Kratzmeyer Road
had been condemned by the District for a high school site. Staff is proposing depiction of the land use as
it will actually be developed - a public school, not a commercial center as it is now zoned/designated.
Item 12d. AoDeal bv Porter-Robertson Enqineerinq, on Behalf of McMillin Homes, of the Planninq
Commission's Decision Denyinq Their Proposal for a General Plan Amendment and Zone Chanqe on
18.2 Acres, Located Alonq the North Side of Snow Road between Shane Street and Homestead Way.
The sole issue is a proposal to rezone 6,000 square foot lots within a district of existing large lots (2-1/~'
acres) and zoned for large animals. Many of the existing homeowners raised the basic complaint that
having a highly urbanized development within a rural-type residential development would lead to
inevitable land use conflict. The applicant offered no buffers, changes of lot size, size restrictions or
building setbacks to mitigate the concerns stated by both the Commission and general public. The
Agenda Highlights
October 20, 2004
Page 4
Planning Commission denied the request by a unanimous vote. Staff has recommended upholding the
Planning Commissions' decision and denying the appeal.
On Friday, October 15th, staff was advised the applicant was requesting a continuance so they could
work with concerned neighbors. Staff concurs with that request.
HEARINGS
Item 13a. Appeal by Castle and Cooke of the Planninq Commission's Denial of Their Prooosal of a
General Plan Amendment and Zone Chanqe on 20 Acres Located at the Northeast Corner of Ashe Road
and Panama Lane (Silver Creek). Castle and Cooke requests a LMR (Low Medium Density Residential)
designation for the purpose of constructing a small lot subdivision. The Planning Commission denied the
request, instead recommending a designation of HMR (High Medium Density Residential) with R-2
zoning for the purpose of constructing apartments. This assures that some area within this
neighborhood will be built out with multi-family residential development. This site is especially suitable
for such development because it is bordered by a canal, storm detention basin, arterial street and
commercial site.
It is a goal of the Housing Element of the Metropolitan Bakersfield General Plan to provide a variety of
housing products. Silver Creek already has a substantial number of single-family dwellings on less than
6,000 square feet lots. This is the last of the vacant land available for multi-family residential within the
Silver Creek development. It important that there be some variety of housing types within this
neighborhood. Staff recommends upholding the decision of the Planning Commission and denying the
appeal.
Item 13b. Appeal of the Planninq Commission's Decision to Approve a Proposal for a General Plan
Amendment and Zone Chanqe on 108 Acres Located Generally South of Alfred Harrell Hiqhway, East
and West of Lake Minq Road/Masterson Street. This amendment to the General Plan would permit the
development of single family and multiple family residential units and a public park. Renee Donato
Nelson, President of Clean Water and Air Matter (C.W.A.M.) is in opposition to the request. She cited
concerns with air quality, traffic, endangered species, and roadway improvement schedule issues. The
issues raised by the appellant have been addressed previously for this area. The proposed plan would
have fewer impacts than the current zoning, which is commercial. This proposal also creates the linkage
for Masterson to Alfred Harrell, which will disperse traffic in this area. The applicant has presented
information which addressed her concerns on the issues and the Planning Commission unanimously
voted to approve the project. Staff recommends upholding the Planning Commission's decision and
denying the appeal.
Item 13co Appeal by Porter-Robertson Enqineerinq, on Behalf of Floyd Hinesley of the Planninq
Commission's Decision Denyinq the Proposal for a General Plan Amendment and Zone Chanqe on 15 +
Acres, Located South of McKee Road, Generally East of Wible Road. This amendment would permit the
development of single-family units. The original application only included 12.17 acres. City staff added
to the application, a remaining parcel between the original request and a parcel to the east, which is
designated for residential uses, in order to provide orderly and more cohesive development of the
general area. Development of improvements along McKee Road was a concern of the Planning
Commission and therefore, the Commission added a condition to require street improvements to the
adjacent property when development occurs along McKee Road. Since staff added the land to the
original application and the property owner has no intention to develop the land, the condition refers to
the area between the two properties, which is approximately 165 feet of frontage along McKee Road.
Agenda Highlights
October 20, 2004
Page 5
Subsequent to the Planning Commission's approval, the applicant appealed the wording of the condition
placed on the project. The applicant is proposing paving two traffic lanes, two foot paved shoulders and
four foot graded earth shoulders to be allowed along the south side of McKee Road, but would not install
curb, gutter or sidewalk. Staff recommends denial of the new wording, upholding the Planning
Commission's decision and denying the appeal. Such an action is necessary to prevent a "gap" in street
improvements and is consistent with how other situations of this type occur.
Item 13d. Appeal by Griffin Industries1 on Behalf of David Afana (Owner), of the Planninq Commission's
Decision Denyinq Their Proposal for a General Plan Amendment on 134 Acres Located at the Southeast
Corner of Paladino Drive and Morninq Drive. The proposal would change the land use from R-MP
(Resource-Mineral and Petroleum) to LR (Low Density Residential). On September 16, 2004, the
Planning Commission denied the GPA by a vote of 3-2. Their denial was based on a lack of information
regarding the oil resoume within the Kern Bluff Oilfield. Staff believes additional information is not
necessary for reasons listed in the administrative report, including the fact that Seven Oaks West was
successfully developed within the productive limits of an oilfield. Therefore, staff believes that the
proposal would not reduce the availability of oil within the Kern Bluff Oilfield. Staff is recommending that
the City Council uphold the applicant's appeal and approve the project.
Item 13e. Continued Public Hearinq to Consider Resolution Upholdinq the Decision of the Planninc~
Commission, Denyinq the Appeal, Adoptinq the Neqative Declaration and Aporovina Vestin(~ Tentative
Tract Map 6351 Located on the Southeast Corner of Panama Lane and Ashe Road. This hearing was
continued from October, 6, 2004 to allow the developer and the appellant time to complete negotiations
toward resolution of the dispute. We have not yet been notified that any agreement has been reached,
so the matter is back on the agenda for consideration by the Council.
Approved:
John W. Stinson,
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media Fire
BAKERSFIELD CITY COUNCIL
AGENDA
OCTOBER 20, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. REPORTS/WORKSHOPS
(10 rain)
City Trees Conflicting with Electrical Powerlines. (Staff presentation by Recreation & Parks, PG&E,
and the Tree Foundation)
(15 min)
Discussion and/or Action Regarding Proposition lA. (Staff presentation by Catherine Medina,
League of California Cities Representative)
3. CLOSED SESSION
Conference with Real Property Negotiators pursuant to Government Code Section 54956.8;
Property: Unimproved real property, 40 acres +_ located approximately 1/4 mile east of Heath
Road, ~ mile west of Renfro Road, on the north side of Stockdale Highway, APN 408-020-
12; Agency Negotiator: Real Property Manager Donald Anderson; Negotiating Parties: Ron
and Viola Rifler; Under Negotiation: Price and terms of payment for purchase.
RECONVENED MEETING - 6:30 p.m.
4. ROLLCALL
5. INVOCATION by Pastor Dennis Allen, The Oaks Community Church.
6. PLEDGE OF ALLEGIANCE by Whitney Lusk, 4t' Grade Student at Beardsley Intermediate School.
7. CLOSED SESSION ACTION
8. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mr. James Tyson, Fatherhood Program
Coordinator for Community Action Partnership of Kern, proclaiming October, 2004, as
Fatherhood/Male Involvement Month.
b. Recognition of East Bakersfield High School students for heroic actions.
9. PUBLIC STATEMENTS
10. APPOINTMENTS
(Ward 4)
One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of
Kevin Burton.
Staff recommends Council determination.
ADDENDUM
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF OCTOBER 20, 2004
3.b. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code section 54956.9., City of Bakersfield v. City
of Shafter, KCSC Case No. S-1500-CV 253303 NFT.
Respectfully submitted,
Alan Tandy
City Manager
11.
(Ward 1)
(Ward 4,5,6,7)
(Ward 2)
(Ward 2)
(Ward 2)
(Ward 2)
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 27, 2004 Joint City/County Meeting and October 6,
2004 Council Meeting.
Payments:
b. Approval of department payments from September 24, 2004 to October 7, 2004 in the
amount of $5,028,292.33 and self insurance payments from September 24, 2004 to October
7, 2004 in the amount of $201,020.80.
Ordinances:
Resolutions:
Resolution adding territory, Area 5-13 (E. Belle Terrace, S. Oswell NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution establishing Disability Retirement Procedures for Safety Members.
Agreements:
e. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Harry A. Hardy for Tract 5944 Unit 5
located south of McKee Road and west of Akers Road.
2. Final Map and Improvement Agreement with GMAC Model Home Finance and
Lennar Homes of California, Inc. for Tract 6156 Unit 3 located south of Pacheco
Road and west of Mountain Vista Road.
3. Final Maps and Improvement Agreements with GMAC Model Home Finance, Inc.
and Lennar Homes of California, Inc. for Tract 6184 Units 1 and 2 located east of
Jewetta Avenue and north of Olive Drive.
4. Final Maps and Improvement Agreements with Castle & Cooke California Inc for
Tract 6250 Units 1 and 2 located north of Stockdale Highway and westerly of Jewetta
Avenue.
5. Improvement Agreements with Pacheco Business Properties, LLC for Parcel Map
10981 located north of Pacheco Road and west of Hughes Lane.
f. Agreement with KONE Inc. (not to exceed $80,000.00, three year term) for maintenance of
all elevators at City-owned facilities.
g. Agreement with Bethany Services ($61,850.00, Emergency Shelter Grant (ESG) funds) to
support the operating costs necessary to continue services at the Bakersfield Homeless
Shelter located at 1600 E. Truxtun Avenue.
h. Agreement with Bakersfield Rescue Mission ($61,850.00, Emergency Shelter Grant (ESG)
funds) to support the operating costs necessary to continue services at the Bakersfield
Rescue Mission located at 830 Beale Avenue.
Agreement with Alliance Against Family Violence and Sexual Assault ($15,427.00,
Emergency Shelter Grant (ESG) funds) to support the operating costs necessary to continue
services.
1t.
(Ward 2)
(Ward 1)
(Ward 6)
(Ward 4)
CONSENT CALENDAR continued
Lease Agreement with the Moore Group, L.P. to lease 150 parking spaces at the 18~h and
Eye Street Parking Structure.
Agreement with Mellon Human Resources & Investor Solutions (not to exceed $60,000.00
annually) for Health Care Consulting.
Agreement to indemnify LAFCO for the Sphere of Influence amendment.
Amendment No. 4 to Agreement No. 99-334 with Duane, Morris & Heckscher ($170,000.00,
with a total not to exceed $420,000.00) for legal services in the matter of North Kern Water
Storage District v Kern Delta Water District, et al.
Amendment No. 1 to Agreement No. 03-380 with Ruettgers & Schuler Civil Engineers
(increase compensation by $25,500.00, for a total contract of $299,500.00) for preparation
of plans, specifications and estimates for the Planz Road Sewer Replacement.
Metropolitan Medical Response System (MMRS) Grant:
1. Accept Federal grant for $400,000.00 for FY04/05 MMRS Continuation Grant.
2. Approve full time, grant funded position.
3. Amendment No. I to Agreement No. FD04-007 with The Best Solution, Inc.
($36,000.00) to prepare directives of FY04/05 MMRS Continuation Grant.
4. Appropriate $400,000.00 Federal Grant Revenue to the Fire Department General
Fund Operating Budget.
Amendment No. I to Agreement No. 01-131 with Northcutt & Associates (amount not to
exceed $96,000.00) for preparation of a Municipal Services Review.
Bids:
q.
Accept bid to award annual contract to Ben Hargis & Son (not to exceed budgeted amount
of $50,000.00) for hauling and spreading dded biosolids at the wastewater treatment plants.
Accept bid to award contract to Universal Coatings, Inc. ($89,169.70) for the Wastewater
Treatment Plant No. 3 Digester #1 coating.
Miscellaneous:
Accept contributions of $12,500.00 and $10,000.00 from California Water Service Co. and
Kern County Water Agency as their share of the costs to fight the designation of the City's
2800 Acre Facility as critical habitat for the Buena Vista Lake Shrew.
Water Pipeline and Powerline Easements for Kern County Water Agency wells located
within the City's 2800 Acre Recharge Facility.
Acceptance of 2002-03 Transportation Development Act Funds Financial Statement.
Revised Job Specification for City Treasurer.
Legislative & Litigation Committee Report No. 1-04 regarding Ad Hoc Downtown Task Force
report.
11. CONSENT CALENDAR continued
12.
(Ward 4)
(Ward 7)
x. Assessment District and related Public Financing Authority (PFA) Bond Call:
Appropriate $3,008,200.00 fund balances to operating budgets within various special
assessment funds and PFA debt service funds to facilitate advance redemption of
Assessment and related PFA bonds.
Staff recommends adoption of Consent Calendar items a through x.
CONSENT CALENDAR HEARINGS
Continued Protest Hearing for proposed Assessment District No. 04-1 (Countryside/The
Homestead/Cherry Hill/Olive Park III). (Staffrecommendsreconvening the hearing, overriding
protests and adoption of resolution.)
Resolution approving Final Engineer's Report, levying assessments, ordering
improvements, and authorizing and directing related actions.
General Plan Amendment/Zone Change 04-0439; Pinnacle Engineering, on behalf of
William Gilli, MD (property owner) has proposed a general plan amendment and zone
change on 39.90 acres, located at 2329 McKee Road. (Staff recommends adoption of
resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use element from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One
Family Dwelling).
General Plan AmendmentJZone Change 04-0871; Marino Associates, on behalf of King-
Gardiner Farms and the Kern High School District (property owners), has proposed a
general plan amendment and zone change on 141.36 acres located on both the north and
south side of Kratzmeyer Road on the west side of Allen Road. (Staff recommends adoption
of resolutions and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to R-1 (One Family Dwelling) on 80 acres, from GC (General
Commercial) to LMR (Low Medium Residential) on 1.36 acres and from LR (Low
Density Residential), LMR (Low Medium Residential), and GC (General Commercial)
to PS (Public School) on 60 acres.
Resolution approving the Negative Declaration and approving the Cancellation of
Williamson Act Contract for the 80 acres north of Kratzmeyer Road.
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map 101-11 from A (Agriculture) to R-1 (One
Family Dwelling) on 80 acres and from C-2 (Regional Commercial) to R-1 (One
Family Dwelling) on 25 acres.
t2.
(Ward 4)
13.
(Ward 6)
(Ward 3)
CONSENT CALENDAR HEARINGS continued
General Plan Amendment/Zone Change 04-0814; Porter-Robertson Engineering, on behalf
of McMillin Homes, has appealed the Planning Commission's decision denying their proposal
for a general plan amendment and zone change on 18.2 acres, located along the north side
of Snow Road between Shane Street and Homestead Way. (Staff recommends hearing be
continued to 11/3/04 meeting.)
1. Resolution approving the Negative Declaration and denying the requested general
plan amendment from RR (Rural Residential) to LR (Low Density Residential) on
18.2 acres.
Resolution upholding the Planning Commission decision approving the Negative
Declaration and denying the amendment for Title 17 of the Municipal Code and
Zoning Map 101-01 and the zone change from RS 2-1/2 (Residential Suburban 2-1/2
minimum lot size) to R-1 (One Family Dwelling) on 18.2 acres.
HEARINGS
a. General Plan Amendment/Zone Change 03-1169; Castle & Cooke has appealed the
Planning Commission's denial of their proposal of a general plan amendment and zone
change on 20 acres located at the northeast corner of Ashe Road and Panama Lane.
Applicant requested general plan amendment to LMR (Low Medium Density Residential);
Planning Commission approved general plan amendment to HMR (High Medium Density
Residential).
1. Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designations from HR (High Density Residential)
and GC (General Commercial) to HMR (High Medium Density Residential) on 11.86
acres and from GC (General Commercial) to HMR (High Medium Density
Residential) on 8.22 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-22 from R-3 (Limited Mulitple-
Family Dwelling) from C-2 (Regional Commercial) to R-2 on 8.82 acres.
Staff recommends adoption of resolution upholding the Planning Commission's decision, approving
the negative declaration, give first reading to ordinance and deny the appeal.
b. General Plan Amendment/Zone Change 04-0436; Renee Donato-Nelson, on behalf of John
W. Howe, Carolyn UcNeill, Ruth Neal and Robert Ch0ee, has appealed the Planning
Commission's approval of proposal by Ray Lechuga, Keith Companies, on behalf of Reddy
Malladi and Malladi P., for a general plan amendment and zone change on 108 acres
located generally south of Alfred Harrell Highway, east and west of Lake Ming
Road/Masterson Street.
Resolution upholding the decision of the Planning Commission, denying the appeal,
approving the Negative Declaration and adopting the General Plan Amendment to
change land use designation from GC (General Commercial) and OS-S (Open
Space-Slopes) to LR (Low Density Residential), HMR (High Medium Density
Residential) and OS (Open Space) on 108 acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-36 fro C-2 (Regional
Commercial), C-O (Professional and Administrative Office) and C-O HD
(Professional and Administrative Office Hillside Development), R-2 (Limited Mulitple
Family Dwelling), and OS (Open Space) zones on 108 acres.
Staff recommends adoption of resolution upholding the Planning Commission decision, approving
the negative declaration, give first reading to ordinance and deny the appeal.
13.
(Ward 7)
(Ward 3)
(Ward 6)
14.
15.
HEARINGS continued
General Plan AmendmenUZone Change 04-0848; Porter-Robertson Engineering, on behalf
of Floyd Hinesley (applicant) has appealed the Planning Commission's decision denying
Floyd Hinesley's proposal for a general plan amendment and zone change on 15 _+ acres,
located south of McKee Road, generally east of Wible Road.
Resolution upholding the decision of the Planning Commission, denying the appeal,
approving the Negative Declaration and adopting the General Plan Amendment to
change land use designation from R-IA (Resource Intensive Agriculture) to LR (Low
Density Residential) on 15 +_ acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to
R-l(One Family Dwelling) zone on 15 + acres.
Staff recommends adoption of resolution upholding the Planning Commission's decision, approving
the negative declaration, give first reading to ordinance and deny the appeal.
d. General Plan Amendment No. 04-0870; Griffin Industries, on behalf of owner David Afana,
has appealed the Planning Commission's decision denying their proposal for a general plan
amendment on 134 acres located at the southeast corner of Paladino Drive and Morning
Drive.
Resolution adopting the Negative Declaration, overturning the Planning
Commission's decision, and approving the General Plan Amendment to change the
land use designation from R-MP (Resource-Mineral and Petroleum) to LR (Low
Density Residential) on 134 acres.
Staff recommends adoption of resolution overturning the Planning Commission's decision and
approving the general plan amendment and negative declaration.
Continued public hearing to consider resolution upholding the decision of the Planning
Commission, denying the appeal, adopting the Negative Declaration and approving Vesting
Tentative Tract Map 6351 located on the southeast corner of Panama Lane and Ashe Road.
(Appellant: Sierra Club/Engineer: Maurice Etchechury/Subdivider: G.L. Vanherweg & Old
River Land Co.)
Staff recommends adoption of resolution upholding the Planning Commission's decision, approving
the negative declaration, and deny the appeal.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
10/15/04 9:35am
MINUTES OF THE BAKERSFIELD
CiTY COUNCIL MEETING
OCTOBER 6, 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. ROLL CALL
Present;
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent: Hanson
2. REPORTS/WORKSHOP
a. Overview of Keep America Beautiful Activities.
John Enriquez introduced the Executive Director of Keep
California Beautiful, Marlene Merriani, who provided
backround and introduced G. Raymond Empson, President of
Keep America Beautiful.
Mayor Hall presented Mr. Empson with a key to the City.
Presentation by Mr. Bob Beehler, President, San Joaquin
Community Hospital, regarding Hospital update.
Mr. Beehler made comments regarding hospital
improvements.
3. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter.
Motion by Vice-Mayor Couch to adjourn to Closed Session at
5:28 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:20 p.m.
Bakersfield, California October 6, 2004 - Page 2
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
10.
Present: Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent: Hanson
INVOCATION by Pastor Charles R. Cournyea, Unity Church.
PLEDGE OF ALLEGIANCE by Kylie Weldin, 7t~ Grade Student at Norris
Middle School.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter.
Mayor Hall recognized a Ridgeview High School government
class and a Bakersfield College political science class in
attendance at the meeting.
PUBLIC STATEMENTS
a. Joshua Joaquin Orizaga and and J. Edel Cazares spoke
regarding and Ag Jobs Resolution.
Councilmember Maggard requested Mr. Cazares' translated
statement be provided to Council.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 22, 2004 Council
Meeting.
ACTION TAKEN
NO
REPORTABLE
ACTION
10.
Bakersfield, California October 6, 2004 - Page 3
CONSENT CALENDAR continued
Payments:
Approval of department payments from September 10, 2004
to September 23, 2004 in the amount of $9,810,529.48 and
self insurance payments from September 10, 2004 to
September 23, 2004 in the amount of $159,042.69.
Ordinances:
Adoption of Ordinances amending Chapters 5.14, 5.50 and
5.56 of the Municipal Code relating to cabarets, taxicabs and
transient outdoor businesses.
Resolutions:
d. Changes to Salary Schedule and New Job Specification:
Amendment No. 8 to Resolution No. 046-02 approving
Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary
schedule and related benefits for Aquatics
Maintenance Technician.
New Job Specification for Aquatics Maintenance
Technician.
Resolution dedicating right of way for a right turn lane at
Jewetta Avenue and the 40 acre recreation/open space/water
recharge area at Jewetta and Stockdale.
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.
Resolution in Support of the Great Valley Center Route 99
Corridor Improvement Guide.
ACTION TAKEN
ORD 4214
ORD 42t5
ORD 4216
RES 046-02(6)
RES 268-04
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 271-04
10.
Bakersfield, California October 6, 2004 - Page 4
CONSENT CALENDAR continued
Resolution adding territory, Area 4-31 (Hwy. 58, Quantico NE)
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
Resolution of Intention No. 1348 to add territory, Area 5-13
(E.Belle Terrace, S. Oswell NW) to the Consolidated
Maintenance District and preliminarily adopting, confirming
and approving Public Works Director's Report.
Agreements:
k. Tract Maps and Improvement Agreements:
Final Maps and Improvement Agreements with Centex
Homes for Tract 6118 Units 3, 4 and 5 located north
of Olive Drive and west of Old Farm Road.
Final Maps and Improvement Agreements with Centex
Homes for Tract 6195 Units 1, 2, 3 and 4 located
north of Olive Drive and east of Allen Road.
Final Maps with ADH Corporation for Tract 6140
Phases 6 and 7 located south of State Route 58 and
west of South Steding Road.
Amendment No. I to Agreement No. 03-314 with Muxlow
Construction to extend agreement for twelve (12) months
($55,000.00 increase, for a revised not to exceed
compensation amount of $110,000.00) for the Economic and
Community Development Department Home Accessibility
Program.
Amendment No. 1 to Agreement No. 03-377 with Jim Alfter
Cement Contractor to extend agreement for twelve (12)
months ($700,000.00 increase, for a revised not to exceed
compensation amount of $1,059,000.00) for the Public Works
Department HUD Curb, Gutter and Sidewalks.
Amendment No. 2 to Agreement No. 03-182 with Krazan &
Associates, Inc., ($301,078.75 for total not to exceed
compensation clause of $550,000.00) for material testing
services for various construction projects for Fiscal Years
2003-04 and 2004-05.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-283
AGR 04-284
AGR 04285
AGR 04-286
AGR 04-287
AGR 04-288
AGR 04-289
AGR 04-290
AGR 04-291
AGR 03-314(I)
AGR 03.077(1)
A GR 03-182(2)
10,
Bakersfield, California October 6, 2004 - Page 5
CONSENT CALENDAR continued
Amendment No. 4 to Agreement No. 00-174 ($40,000.00 for
a revised total compensation clause of $215,000.00) with T.
W. Collins Associates for On-call Inspection Services for
various construction projects.
Amendment No. 2 to Agreement No. 03-154 with Naffa
International ($50,000.00 for a revised contract amount of
$160,000.00) for commercial plan check services.
Amendment No. 4 to Agreement No. 01-166 with Delta Micro
Imaging ($30,000.00, for a total contract amount of
$420,000.00) for document file conversion to Laser Fiche or
Micro Fiche formats.
Amendment No. 1 to Agreement No. 99-9 with Jerry Randall,
sole proprietor dba Noriega House, regarding repayment of
economic development loan.
Amendment No. 1 to Agreement No. 03-189 ($13,650.00, for
a revised not to exceed compensation clause of $224,750.00)
with Aquatic Design Services, Inc. for Jefferson Park Wet
Play Area.
Bids:
Accept bid from HPS Mechanical, Inc. ($162,743.84) for
construction of the Coffee Road Waterline Tie-in for the
Water Resources Department.
Accept bid to award annual contract to Granite Construction
Company (not to exceed budgeted amount of $1,500,000.00)
for street materials.
Accept bid from Jim Burke Ford ($112,669.34) for one (1)
replacement water truck for the Solid Waste Division of Public
Works.
Accept bid from Jim Burke Ford ($614,020.74) for twenty-
seven (27) replacement Police Special Sedans.
Accept bid from Jim Burke Ford ($39,651.21) for three (3)
replacement Mid Size Sedans (2 for Development Services
and 1 for Code Enforcement).
ACTION TAKEN
AGR 00-174(4)
A GR 03- t 54(2)
A GR 01-166(4)
AGR 99-9(I)
AGR 03-189(1)
AGR 04-292
AGR 04-293
10.
Bakersfield, California October 6, 2004 - Page 6
CONSENT CALENDAR continued
Canal Culvert Improvements (S. Chester Avenue at Kern
Island Canal):
Accept bid to award contract to Affholder, Inc.
($359,860.00).
Transfer $290,000.00 savings from completed culvert
projects to this project within the Capital Outlay Fund.
Appropriate $36,000.00 Gas Tax Fund Balance to the
Capital Improvement Budget.
Accept bid to award contract to A-C Electric ($74,498.50) for
traffic signal and lighting installation at Buck Owens
Boulevard and Rio Mirada Drive.
aa.
Accept bid to award contract to Griffith Company
($1,919,732.00) to construct sewer line in Stockdale Highway
between Renfro Road and Allen Road.
Miscellaneous:
bb.
Transfer and appropriate $3,469,373.00 Sewer Connection
Fund balance to Sewer Plant 3 Fund operating budget to call
outstanding 1997 sewer revenue bonds.
cc. Maintenance District Services and Costs.
Motion by Vice-Mayor Couch to approved Consent Calendar
items 10.a. through lO. cc., with the removal of items lO.f, lO.g.,
IO.L, and fO.j. for separate consideration.
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.
ACTION TAKEN
AGR 04-294
AGR 04-295
AGR 04-296
APPROVED
AB HANSON
RES 269-04
Motion by Councilmember Carson to approve the Resolution, APPROVED
AB HANSON
10.
11.
Bakersfield, California October 6, 2004 - Page 7
CONSENT CALENDAR continued
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.
Motion by Councilmember Carson to approve the Resolution.
Resolution adding territory, Area 4-31 (Hwy. 58, Quantico NE)
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
Motion by Councilmember Carson to approve the Resolution of
Intention.
Resolution of Intention No. 1348 to add territory, Area 5-13
(E.Belle Terrace, S. Oswell NW) to the Consolidated
Maintenance District and preliminarily adopting, confirming
and approving Public Works Director's Report.
Motion by Councilmember Carson to approve the Resolution of
Intention.
HEARINGS
Protest Hearing for proposed Assessment District No. 04-1
(Countryside/The Homestead/Cherry Hill/Olive Park III).
Public Works Director Rojas made staff comments.
Hearing opened at 6:49 p.m.
No one spoke.
Mayor Hall announced the hearing would be continued
October 20~ Council meeting.
ACTION TAKEN
RES 270-04
APPROVED
AB HANSON
RES 272-04
APPROVED
AB HANSON
ROI 1348
APPROVED
AB HANSON
11.
Bakersfield, California October 6, 2004 - Page 8
HEARINGS continued
Appeal Hearing to consider Resolution upholding the decision
of the Planning Commission, denying the appeal, amending
the condition concerning right-turn lanes, adopting the
Negative Declaration and approving Vesting Tentative Parcel
Map 11052 generally located on the north side of Stockdale
Highway between the Kern River Canal and Arvin-Edison
Canal alignments. (Appellant/Engineer: Mclntosh and
Associates/Subdivider: Castle & Cooke CA Inc.)
Staff comments by Development Services Director Jack
Hardisty.
Hearing opened at 6:50 p.m.
Roger Mclntosh, Mclntosh & Associates, spoke on behalf of
University Partners in favor of the staff recommendation.
Hearing closed at 6:53 p.m.
Motion by Vice-Mayor Couch to approve the Resolution and
uphold the Planning Commission's decision denying the appeal.
Appeal Hearing to consider Resolution upholding the decision
of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative
Tract Map 6347 north of Highway 178 along the west side of
Alfred Harrell Highway. (Appellant: Sierra Club/Engineer:
Porter Robertson/Subdivider: Gaskill Homes)
Staff comments by Development Services Director Jack
Hardisty.
Hearing opened at 6:57 p.m.
Gordon Nipp, spoke on behalf of the Sierra Club, in
opposition to the staff recommendation.
Richard Monji spoke on behalf of Phillip L. Gaskill, Developer,
in favor of the staff recommendation.
Hearing closed at 7:00 p.m.
ACTION TAKEN
RES 273-04
APPROVED
AB HANSON
RES 274-04
Motion by Vice-Mayor Couch to approve the Resolution and APPROVED
uphold the Planning Commission's decision denying the appeal. AB HANSON
11.
12.
Bakersfield, California October 6, 2004 - Page 9
HEARINGS continued
Appeal Hearing to consider Resolution upholding the decision
of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative
Tract Map 6351 located on the southeast corner of Panama
Lane and Ashe Road. (Appellant: Sierra Club/Engineer:
Maurice Etchechury/Subdivider: G.L. Vanherweg & Old River
Land Co.)
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:09 p.m.
Gordon Nipp, on behalf of the Sierra Club, provided handouts
and spoke in opposition to the staff recommendation.
Maurice Etchechury, on behalf of the developer G.L.
Vanherweg & Old River Land Co., requested the hearing be
continued.
Motion by Councilmember Sullivan to continue the hearing to
the October 20, 2004.
DEFERRED BUSINESS
Resolution upholding the decision of the Planning
Commission, denying the appeal, adopting the Negative
Declaration and approving Vesting Tentative Tract Map 6318
generally located south of Chase Avenue and east of Kern
Canyon Road (State Route 184). (Appellant: Sierra
Club/Engineer: Cornerstone Engineering/Subdivider: Arnold
& Vicki Young)
Development Services Director Hardisty made staff
comments.
Mike Callagy, Cornerstone Engineering made comments.
ACTION TAKEN
CONTINUED TO
10.20.04
MEETING
APPROVED
AB HANSON
RES 275-04
Motion by Councilmember Maggard to approve the Resolution APPROVED
AB HANSON
and deny the appeal.
13.
Bakersfield, California October 6, 2004 - Page 10
NEW BUSINESS
Fiscal Year 2004-05 Budget Restoration; Road Maintenance
and Workers Compensation Budget Adjustments.
Appropriate $1,500,000.00 ongoing General Fund
revenues to restore previous operating budget
reductions and positions.
Transfer and appropriate $280,350.00 one-time
General Fund balance to the Equipment Management
Fund, Public Works operating budget for police
vehicles.
Transfer and appropriate $1,500,000.00 Transient
Occupancy Tax Fund resources to the Capital Outlay
Fund, Capital Improvement Budget for road
maintenance.
Transfer $1,875,000.00 General Fund balance and
$1,700,000.00 other Fund balances to the Self
Insurance Fund for workers compensation unfunded
liability.
Approve policy to set aside future one-time eligible
monies as a priority for Street Maintenance as they
become available.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Couch to approve the appropriations and
transfers and set aside future one-time eligible monies as a
priority for Street Maintenance.
Additional Fee Supported Positions for Development Services
Department:
Approval of six (6) fee supported positions (One (1)
Associate Planner, one (1) Building Inspector position
and four (4) Building Inspector positions) for the
Development Services Department.
Appropriate $657,425.00 additional Development
Services revenues to the Development Services
operating budget and transfer $100,000.00 to the
Equipment Fund for vehicles.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Couch to approve additional positions,
appropriate monies and schedule hearing to amend the master
fee schedule.
ACTION TAKEN
APPROVED
AB HAN$ON
APPROVED
AB HANSON
13.
Bakersfield, California October 6, 2004 - Page 11
MAYOR AND COUNCIL STATEMENTS
Councilmember Maggard thanked Bob Gorman for bring potholes to
the City's attention.
Councilmember Carson requested staff respond to a citizen's
letter regarding prerequisites for sidewalks; monitoring of code
enforcement issues and provided contact information.
Councilmember Carson requested police provide enforcement
of speed limit on Lotus Lane.
Councilmember Carson requested clarification regarding Propositions
65 and lA. City Manager Tandy responded.
Councilmember Carson requested staff investigata purchasing
electronic language interpretation equipment.
Councilmember Benham requested police staff assistance in
responding to correspondence from a citizen in the Jefferson St.
area.
Councilmember Benham announced AB1009 was signed last week
by the Governor requiring Mexican trucks crossing the border into
California be held to California emissions standards.
Councilmember Benham requested recommendations from the
Downtown Security Task Force be presented for endorsement
at the next Council meeting.
Councilmember Sullivan requested staff make extra effort to
inform the community of the change of time for Council
meetings.
Councilmember Sullivan made comments regarding
Propositions 65 and fA and requested a speaker from the
League of California Cities be invited to the October 20e Council
meeting to make a case for Council support of Proposition lA.
Councilmember Sullivan requested staff repair a pothole at the
intersection of S. Halfmoon and Nutmeg.
Councilmember Salvaggio congratulated Development Services
Director Jack Hardisty on his impending retirement.
Councilmember Salvaggio thanked employees Stan Grady, Jack
Leonard, Kevin Barnes and Sal Moretti for their service to the City.
ACTION TAKEN
14.
Bakersfield, California October 6, 2004 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Salvaggio requested staff begin installation of
curbs, gutters and sidewalks on the north side of Ming Ave. east
of Valley Plaza and west of H St.
Councllmember Salvaggio requested graffiti removal on a
masonry wall on the north side of Panama Ln., east of Akers Rd.
at Windrift; a slatted fence on the south side of Wilson Rd. from
Castro to Calvin and a small masonry wall at the same location.
Councilmember Salvaggio requested staff analyze the no-
parking policy on Motor Center Dr. and recommend a course of
action.
Councllmember Salvaggio requested Code Enforcement remove
a sign in a window at 1700 CusterAve.
Councilmember Salvaggio requested staff respond to a letter
from Doria Ornelas and provided contact information.
Councilmember Salvaggio thanked staff for road repairs on Hughes
Ln.
Councilmember Salvaggio requested staff clean the siphon on
the west side of the corner at White Ln. and Hughes.
Councilmember Salvaggio stated in response to a recent newspaper
article, he does not deal in political favors and has no plans to run for
County Supervisor.
Vice-Mayor Couch complimented Development Services Director
Jack Hardisty on his outstanding service to the City.
ACTION TAKEN
14.
Bakersfield, California October 6, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Couch stated for the record, "1 was contacted about
a month ago, I'll say, by a gentleman who was interested in
annexation, in, for his neighborhood. Specifically he was
interested in sewer service and the feasibility of the City being
able to provide that. And the reason that I want to make, and I'm
making this, were this any other location in the City I wouldn't
make any comment about it really, it would be a rather, no I
wouldn't say routine but a question or an inquiry that we get on
occasion, but this is in what is known as the Olive Drive area.
And it's the area that we, or I should say the City, initiated an
annexation under an old set of laws and rules back in 1998. And
I just want to state for the record, I've spoken to Mr. Christensen
about this, who is our--Alan, what do they call you? You are
kind of the head of the annexation task force, is that the idea?
Well we have some policies here in the City of Bakersfield that
we've adopted subsequent to that, to 1998, and I just want to
assure everyone that we are going to follow those policies, and
we are going to adhere to those strictly and this is something
that was a request from the community, from the neighborhood,
and so we'll meet with them on a rather informal basis at first
because that's allowed in our policy. And subsequent to that
we will have the more, more formal meetings, the--the public
meetings that require different types of noticing and that sort of
thing, so this is sort of, this will become more and more of a
story probably, maybe, maybe not, I don't know, but I didn't want
our Council to be surprised and have people possibly calling
you and saying, "What's the City up to again?" This is--this is,
and I can assure you that this is at the request ora resident in
the Olive area. And we're not going after Olive Drive, but if
people are interested we want to give them the information and
how to become part of the City."
Vice-Mayor Couch requested Water Services Director Core keep
Council apprised of discussions between the Kern County Water
Agency and the City of Shafter.
Vice-Mayor Couch made comments regarding Movies in the Park and
presented a check for half the cost of the last event and
acknowledged the sponsorship provided by the Highway 99 Cruise
and Show.
Mayor Hall expressed appreciation to the Council for adopting the
Resolution supporting the Groat Valley Center and Highway 99
Corridor Improvement Guide and to the City Manager and City
Attorney for aide in preparing the Resolution.
ACTION TAKEN
15.
Bakersfield, California October 6, 2004 - Page 14
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:34 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Workshop
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Chdstensen, Recreation & Parks Director
October 8, 2004
City Trees Conflicting with Electrical Powerlines
APPROVED
DEPARTMENTHEAD
Cl~ ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
Representatives from City Recreation and Parks, PG&E, and the Tree Foundation will present a workshop
on solutions to the problem of City trees interfering with power lines.
The growth of trees encroaching into power lines is a challenge in many communities throughout the State
of California. Bakersfield is no different. From time to time, the growth associated with trees planted in
the public right-of-way interferes with powerlines, and the trees must be pruned to preserve safety and
proper operations of the lines.
The presentation will include a plan to reduce the number of trees encroaching the electrical lines.
October 8, 2004, 9:07AM
C:\DOCUME~I\sforsyth\LOCALS~I\Temp\MXLibDir\PG&E-Trees WOrkshop admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
tAGENDA SECTION: Reports/VVorkshops
ITEM: ~.10.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
SUBJECT:
Alan Tandy, City Manager
October 11, 2004
Discussion and/or Action Regarding Proposition lA
DEPARTMENT HEAD
CiTY ATTORNEY
CITY MANAGER
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
At its meeting of October 8, 2004, the City Council directed staff to return to its meeting of October 20
with information on Proposition lA, one of two propositions on the November 2004 ballot designed to
protect local revenues from State intrusions. The City has a position of support for Proposition 65.
The League of California Cities was contacted to see if a representative would be available to attend
the October 20, 2004 to provide educational information on Proposition lA. League Representative
Catherine Medina will make a brief presentation.
Options for Council action include support on lA or taking no position on the matter,
Information provided by the Legislative Analyst on Proposition lA is provided.
October 12, 2004, 3:18PM
P:~-&L~,dmin Reports~ADM04.10-20-1-ProplA.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Closed Session
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 12, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Real Property Negotiators pursuant to Government Code section 54956.8
Property: Unimproved real property, 40 acres + located approximately ¼ mile east of Heath
Road, ~ mile west of Renfrow Road, on the north side of Stockdale Highway, Bakersfield,
California, APN 408-020-12
Agency Negotiators: Real Property Manager Donald Anderson
Negotiating Parties: Ron and Viola Ritter
Under Negotiation: Price and terms of payment for purchase
October 12, 2004, 11:46AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
October 8, 2004
ED
DEPARTMENTHEAD__~i~.
CITY A'I-rORNEY
CITY MANAGER ~
SUBJECT:
Presentation by Mayor Halt of Proclamation to Mr. James Tyson, Fatherhood Program
Coordinator for Community Action Partnership of Kern, proclaiming October, 2004, as
Fatherhood/Male Involvement Month.
RECOMMENDATION:
BACKGROUND:
ndw
October 8, 2004, 8:20AM
S:\MAYOR~ADMIN\FATHERHOOD MONTH.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
SUBJECT:
AGENDA SECTION: Presentation
TEM: ~, ~.
TO: Honorable Mayor and City Council I , ~ApPROVED
FROM: W.R. Rector, Chief of Police DEPARTMENT HEAD
DATE: October 12, 2004 CITY ATTORNEY
CITY MANAGER
Recognition of East Bakersfield High School Students for Heroic Actions
RECOMMENDATION:
n/a
BACKGROUND:
Chief Rector will recognize East Bakersfield High School students for co~in§ to the aid of a fellow student,
and preventing her abduction on October 6, 2004.
vrf
October 14, 2004, 8:44AM
P:\RPT~Admins\Presentation EBHS Student Recognition for Assistance 10-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Appointments
ITEM: ID.&.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cler DEPARTMENT HEAD
DATE: October 11, 2004 CITY ATTORNEY
ClWMA.A ER
SUBJECT:
One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of
Kevin Burton 0Nard 4)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently, there is one appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Kevin Burton, Ward 4. The news release for this recruitment was posted on August 6, 2004.
Applications have been received from the following individuals:
· ThomasW. Edmonds
· Patrick Douglas Frase
· Roger F. Pelz
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight members appointed by the Mayor and Councilmembers who will take on the responsibility of
decision making for the beautification program. Terms of office run concurrent with the term of the
nominating Mayor/Councilmember, however it is not necessary for a Councilmember to nominate a
resident from his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. tn
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
October 12, 2004, 8:39AM
S:\Bds&Comm\KBSC~Admin Oct 2004.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
IAGENDA SECTION: Consent Calendar
ITEM: ii.
TO:
FROM:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
~/_ APPROVED
DEP^RTME.T.E![
DATE: October 8, 2004
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: Approval of minutes of the Special Joint City Council/County Board of Supervisors Meeting
September 27, 2004 and the October 6, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM: tr. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 7, 2004
APPROVED
DEPARTMENT HEAD~~.~
CITY ATTORNEY~'~
CITY MANAGER ~
Approval of department payments from September 24, 2004 to October 7, 2004 in the
amount of $5,028,292.33 and self insurance payments from September 24, 2004 to
October 7, 2004 in the amount of $201,020.80.
RECOMMENDATION:
Staff recommends approval of payments totaling $5,229,313.13
BACKGROUND:
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October 7, 2004, 3:41PM
S:\KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM: I~o~-'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 7, 2004
APPROVED
DEPARTMENT HEAD.~__
CITY ATTORNEY
CITY MANAGER
Resolution adding territory, Area 5-13 (E. Belle Terrace, S. Oswell NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On October 6, 2004 the Council adopted Resolution of Intention No. 1348 to add
territory, Area 5-13 (E. Belle Terrace, S. Oswell NW), to the Consolidated Maintenance District as required
by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will
provide for the maintenance of a park and street landscaping for Tract Map No. 6132. Area 5-13 is
generally bounded by a line approximately 1005 feet north of E. Belle Terrace on the north, S. Oswell
Street on the east, E. Belle Terrace on the south and a line approximately 1325 feet west of S. Oswell
Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned
the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearin9 concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
dc
October 7, 2004, 1:28PM
S:\PROJECTS\MAINDIST~ADMiNRPT\MD5-13_Est-Oct20-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 8, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A Resolution Establishing Disability Retirement Procedures for Safety Members.
RECOMMENDATION:
Staff recommends adoption of this Resolution.
BACKGROUND:
In 1992, the Council established a procedure for the review of disability retirement applications for
Police and Fire Safety members. That resolution established a committee that reviewed the medical
evidence and made a recommendation to the City Manager. The City Manager then either approves or
denies the disability retirement. Under that resolution, any appeal went to an appeals board composed of
members of the appropriate Civil Service Board (the appeals board would consist of two members of the
Police Civil Service Commission and one member of the Fire Civil Service Commission for police officers
requesting disability retirement and two members of the Fire Civil Service Commission and one member of
the Police Civil Service Commission for fire safety members requesting disability retirement).
The City Attorney's Office has determined that the appeal process beyond the City Manager that is
currently in place does not conform to State law. Consequently, the City Attorney's Office is proposing this
new resolution which still allows for the initial process that is approved by the City Manager. However,
appeals of the City Manager's decision are to be conducted by an Administrative Law Judge of the Office
of Administrative Hearings pursuant to the Government Code. That appeal process is specifically
mentioned in the new resolution.
The attached resolution has been reviewed and approved by the City's negotiator and all
applicable bargaining units.
RMS:dll
October 8, 2004, 1:00PM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
October 4, 2004
DEPARTMENT HEAD ,~ROVED
CITY ATTORNEY ~
CITY MANAGER (~z.~
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with Harry A. Hardy for Tract 5944 Unit 5 located
south of McKee Road and west of Akers Road. (Ward 6)
Final Map and Improvement Agreement with GMAC Model Home Finance, Inc., and Lennar
Homes of California, Inc. for Tract 6156 Unit 3 located south of Pacheco Road and west of
Mountain Vista Road. (Ward 5)
Final Maps and Improvement Agreements with GMAC Model Home Finance, Inc., and
Lennar Homes of California, Inc. for Tract 6184 Units 1 and 2 located east of Jewetta
Avenue and north of Olive Drive. (Ward 4)
Final Maps and Improvement Agreements with Castle & Cooke California Inc., for Tract
6250 Units 1 and 2 located north of Stockdale Highway and westerly of Jewetta Avenue,
(Ward 4)
Improvement Agreements with Pacheco Business Properties, LLC, for Parcel Map 10981
located north of Pacheco Road and west of Hughes Lane. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
October 4, 2004, 3:06PM
G:\GROUPDA~ADMINRPT~2004\10-20\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM: l l.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 28, 2004
DEPARTMENT HEAD (,~ROVED
CITY ATTORNEY ~"~
CITY MANAGER
Agreement with KONE inc. for maintenance contract for all elevators at City-owned
facilities, not to exceed $80,000 over a three-year term (~Nard 2).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City issued ~ Request for Proposal for elevator maintenance on July 15, 2004.
Two contractors submitted proposals by the deadline of August 5, 2004. The Iow bid was submitted by
KONE Inc. for $1,870 per month. The second bid was submitted by Thyssenkrupp for $2,195 per month.
Thyssenkrupp filed a written protest (Attachment I) to the bid from KONE. Thyssenkrupp's position is that
KONE's bid does not comply with the bid requirements and should b~hrejected by the City as non-
responsive. City staff requested of KONE, in a letter dated August 10' of this year (Attachment 2), to
prepare a written response to Thyssenkrupp's protest letter and to provide a list of clients in the
Bakersfield area within a 50 mile radius. The City received KONE's written response (Attachment 3) and
staff conducted interviews with four of KONE's Bakersfield clients. The results of the four interviews are
summarized on Attachment 4. Based upon KONE's written response and after conducting the client
interviews, staff recommends denial of the protest and award of the Elevator Maintenance Contract to
KONE Inc. Staff's position is summarized in a memo from the General Services Superintendent
(Attachment 5).
The agreement contains a not-to-exceed amount of $80,000 which is greater than the three-year base of
$67,320 (monthly fee multiplied by 36 months). The difference is for unforeseen repairs, various tests
required by the State and emergency repairs required outside the work hours defined by the Agreement.
These items are not covered by the base agreement. Funds are included in the current year budget to
cover annual expenses associated with this agreement.
maw
October 4, 2004, 9:30AM
G:\GROUPDAT'~ADMINRPT~2004\I0-20\KONE E!evator maintenance.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Consent Calendar
TEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD
DATE: October 7, 2004 CITY ATTORNEY~.
CITY MANAGER
SUBJECT:
Agreement with Bethany Services for $61,850 of Emergency Shelter Grant (ESG) funds to
support the operating costs necessary to continue services at the Bakersfield Homeless
Center, 1600 East Truxtun Avenue. 0Nard 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the nineth year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 2004/05 budget process, the Council approved, in principle, the funding for
Bethany Services of up to $61,850 for eligible ESG activities. The agreement, now before Council,
outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in
the narrative below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Center. No more than
$61,850 of the grant will be used to provide these operational activities.
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:~Admins\City Council\SilO ESG 2004*05 doc
10/7/2004 9:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
ITEM: I~.h.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
October 7, 2004
APP~ROVED
DEPARTMENT H
cra' ATTOR.E¥
CITY MANAGER
Agreement with Bakersfield Rescue Mission for $61,850 of Emergency Shelter Grant (ESG)
funds to support the operating costs necessary to continue services at the Bakersfield
Rescue Mission, 830 Beale Avenue. 0Nard 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the ninth year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG
program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of
operating the shelters, and provide essential social services, as well as, funding preventive programs and
activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for
use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation
(including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development
and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a pad of the Fiscal Year 2004/05 budget process, the Council approved, in principle, the funding for
Bakersfield Rescue Mission of up to $61,850 for eligible ESG activities. The agreement, now before
Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are
outlined in the table and narratives below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Rescue Mission. No more
than $61,850 of the grant will be used to provide these operational activities.
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:~Admins~Cily CounciltRescue Mission ESG 2004-05 doc
10t712004 9:0~ AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
ITEM:
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
October 7, 2004
APPROVED
CITY MANAGER ~('~"Tx)''(-')
Agreement with Alliance Againist Family Violence and Sexual Assault for $15,427 of
Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue
services. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the nineth year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 2004~05 budget process, the Council approved, in principle, the funding for
Alliance Against Family Violence and Sexual Assault of up to $15,427 for eligible ESG activities. The
agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities
funded by !he grant are outlined in the narrative below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Center. No more than
$8,427 of the grant will be used to provide these operational activities.
S:lAdmins\City CounciI~AAFV ESG 2004-05 doc
10/7t2004 908 AM
ADMINISTRATIVE REPORT Page 2
Essential Services: To help fund wages and employers payroll taxes of case managers and
counseling staff. The total amount of ESG funds expended to meet costs of this essential service
shall not exceed $7,000.
Essential Services $ 7,000
Operational Activities $ 8,427
Total ESG Grant $15,427
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:~Admins\Cily Counc~l~AAFV ESG 2004-05 doc
1017/20049:08 AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~
DATE: October 5, 2004 CITY ATTORNEY ~ ~
CITY MANAGER ~
SUBJECT: Lease Agreement for 150 Parking Spaces at the 180~ and Eye Parking Structure between
the City of Bakersfield and the Moore Group, L.P. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Moore Group, L.P. recently purchased a three story building in downtown Bakersfield (old J.C.
Penney building) and is in the process of converting the building to offices and residential units. The
Moore Group needs off-street parking for its tenants and customers and desires to lease up to 150 parking
spaces in the City's 18t~ and Eye parking structure.
Under the terms of the lease the Moore Group would be able lease up to 150 parking spaces for $25.00
per space per month. The requests for parking spaces would have to be made six months in advance and
in blocks of 50 spaces or more. Once the request is made it could not be reduced to a lower number of
spaces for the remainder of the lease term. The request for the initial 50 spaces must be made within one
(1) year from the execution of this lease or the lease automatically terminates.
The Moore Group would have thirty (30) months from the execution of this lease agreement to request the
150 parking spaces authorized by the lease. After thirty (30) months they only have the dght to lease
those parking spaces that have been requested in writing to date. The initial term of the lease would
expire on August 31, 2011. Provided the Moore Group is not in default under any of the terms of the
lease, the City may grant three (3) options to renew and extend this lease. Each option is for a period of
ten (10) years with the option to be exercised by written notice to the City not less than sixty (60) days but
not more than one hundred twenty (120) days.
The City would also have the right to lease any parking spaces reserved but unused by the Moore Group
to others on either a month to month basis or for a term not exceeding one year. This agreement also
gives the City six (6) months to allow existing spaces leased to others to expire should the Moore Group
request additional parking spaces that are unavailable at the time of their request,
ADMINISTRATIVE REPORT
Page 2
Rent is set by the City Council after a public hearing. The City agrees in the event that the City Council
raises the rent by more than three percent (3%) in any one year the Moore Group may terminate this
lease. Rent for each parking space is to be paid thirty (30) days in advance, is due on the first of each
month and is late if not received by the City by the tenth day of each month. Failure to pay rent when it is
due or after being given thirty (30) days notice to correct could result in termination of the lease.
This lease also includes a "destruction of premises" clause whereby in the event of a partial destruction of
the premises during the term for any cause, the City will promptly repair the premises provided that such
repairs can be reasonably made within sixty (60) days from the date of the event. Partial destruction will
not terminate the lease, but will entitle the Moore Group to a proportionate reduction of rent while the
repairs are being made, based upon the extent to which the making of the repairs interferes with the
business of the Moore Group on the premises. If the repairs cannot be made within sixty (60) days, this
lease may be terminated at the option of either party by giving written notice to the other party with the
sixty (60) day period.
Termination of this lease shall not relieve the Moore Group from payment of any sum due and owing to the
City or from any claim for damages previously accrued, including but not limited to future rentals.
S:~Admins~City Council\Moore Group Parking Lease doc
8:39 AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent
ITEM: [t.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Carroll Hayden, Human Resources Manager
October 6, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
Agreement with Mellon Human Resources & Investor Solutions for Health Care Consulting,
Not to Exceed $60,000 Annually
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: Mellon has served as the City's health care consultant since 1996. Although staff has
been extremely satisfied with their services, it was felt that it was appropriate as their contract expired in
August, 2004, to do a request for proposals with appropriate health care consultant vendors.
Therefore, in August, 2004, a request for proposals was issued by Human Resources to six health care
consulting firms, most of whom are represented in their practices nationally. A total of two responses were
received. To objectively select one of the two firms, an interview panel was convened, which consisted of
Bryan Lynn Assistant Police Chief; Chuck Waide, Field Service Representative, CCAPE; Alan
Christensen, Assistant City Manager; and Carroll Hayden, Human Resources Manager. Staff carefully
reviewed the written submitted proposals and then met with representatives of the two firms, asking
clarifying and probing questions. Following the interview sessions, the panel unanimously agreed to
recommend Mellon as the selected consultant.
It was readily apparent that Mellon has the resources, the outstanding service and tremendous expertise
to continue providing the high level of health care consulting the City has come to expect. Mellon will
continue to assist the City with the design, implementation and management of its employee health care
benefits program as part of a multi-year strategy to control health care costs for active and retired
employees as outlined in their proposal.
Melllon has proposed retaining their current rate of not to exceed $60,000 per year for three years, which
will mean six years at the same price. Therefore, because of the six year price stability and the ability to
have continued excellent assistance in health care benefits planning, staff recommends approval of this
contract.
October 12, 2004, 3:10PM
Document1
ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2004
AGENDA SECTION: Consent Calendar
ITEM: ti. I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 13, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGEE
Agreement to indemnify LAFCO for the Sphere of Influence amendment
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City of Bakersfield has applied to LAFCO for a change in its Sphere of Influence. LAFCO approved
the City's application on August 24, 2004 subject to the condition that the City will indemnify LAFCO to
protect LAFCO against any claims of negligence, including its own negligence. LAFCO will not complete
the City's application without this indemnity. The City will be obligated to defend LAFCO for any lawsuits
brought under the indemnity and will have to pay any damage award.
October 13, 2004, 10:00AM
S:\COU NCIL~Admins\04-05 Admins\LAFColndemnitySOl.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Virginia Gennare, City Attorney DEPARTMENT HEAD
October 11, 2004 CITY ATTORNEY ._.~~
CITY MANAGER /~'~' /
Amendment No. 4 to Agreement No. 99-334 with outside counsel, Duane, Norris &
Heckscher for legal services in the matter of North Kern Water Storage Distridt v. Kern
Delta Water District, et al, Tulare County Superior Court Case No. 96-172919, in the
amount of $170,000, with a total contract amount not to exceed $420,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
The City has generally used the services of Attorney Colin Pearce, who is now a partner in the firm
of Duane, Morris & Heckscher, as outside counsel on the above-entitled case. The case is now in trial in
Tulare County Superior Court and the trial is expected to last six weeks or more unless the City wins
certain trial shortening motions. As usual in these large cases, trial expenses are high. After a judgment
in the action we expect an appeal and additional costs and fees. Additional funds are required for outside
counsel to continue the case on the First Point matter.
This Amendment No. 4 to Agreement No. 99-334 would add $170,000 to the Not to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $420,000.
ADD:dll
S:\COUNCIL~Admins/04-05 ACJmins~ttyRetainerAgrAmd3 DuaneMorrlsNKemv. Kem De~ta dot
October 11, 2004, 10:12AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION Consent Calendar
ITEM: Ii, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 5, 2004
DEPARTMENT HEAD ~ROVED
CITYMANAGER _t'~'/'~
Amendment No. 1 to Consultant Agreement No. 03-380 with Ruettgers & Schuler Civil
Engineers to increase compensation to the Consultant by $25,500.00 (for a total contract
amount of $299,500.00) for Planz Road Sewer Replacement. (Ward 1)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND The City and Ruettgers & Schuler Civil Engineers entered into an agreement on
December 10, 2003 for preparation of plans, specifications and estimates for the Planz Road Sewer
Replacement. Due to the nature of the project, it has been deemed necessary to change the design
requirements in order to accommodate a different construction method that was originally specified in the
Request for Proposal (RFP). In addition, due to shortage of staff, the City has requested Ruettgers &
Schuler to prepare deeds and acquire temporary construction easements for the construction of the Planz
Road Sewer Replacement.
This amendment adjusts the total compensation to $299,500.
October 5, 2004, 10:16AM
G:\GROUPDAT~ADMINRPT\2004\10-20~Amendl_ 03-380 Planz Sewer R&S.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
TEM: Il. 0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
October 8, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATrORN EY~..~..~
CITY MANAGER
Metropolitan Medical Response System (MMRS) Grant:
1. Accept Federal grant for $400,000 for FY04/05 MMRS Continuation Grant.
2. Approve full time, grant funded position.
3. Accept Amendment 1 to Agreement FD04-007 with The Best Solution, Inc to prepare
directives of FY0405 MMRS Continuation Grant for the City of Bakersfield for $36,000.
4. Appropriate $400,000 Federal Grant Revenue to the Fire Department General Fund
Operating Budget.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The FY 2004/05 Federal Continuation MMRS Grant for Bakersfield was awarded on September 29, 2004.
The Congressional Advisory announcing the Grant awards and a list of the MMRS cities is attached. The
Department of Homeland Security awarded more than $46 million in MMRS grants for the 2004-05
Federal fiscal year. Of this, the City Of Bakersfield has been awarded $400,000.These grant awards
provide major funding to further enhance and maintain preparedness for local response to high-casualty
events until external assistance arrives.
Upon recommendation of the MMRS Steering Committee, the Fire Department is requesting approval of a
grant funded position. This position will be a coordinator/trainer to educate, train and prepare local
agencies for a terrorist incident, if future funding is not available, then the grant funded position will be
eliminated and the person will be attritioned back into Fire Suppression or terminated if civilian.
The Fire Department proposes to amend the current consultant's agreement with Best Solutions, Inc for
an additional $36,000. This would include the cost for preparation of the application documents and to
oversee the implementation of the Sustainment Plan, attend quarterly Steering Committee meetings, and
provide quarterly performance reports to the Dept. of Homeland Security/FEMA Office.
October 12, 2004, 3:32PM
S:\SUSAN~Admin Report Word~MMRS 0405.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Development Services - Planning DEPARTMENT HEAD /'/~"'~
October 12, 2004 CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 01-131 with Northcutt & Associates for preparation of
a Municipal Services Review. The amendment will increase the contract to an a~ount not
to exceed $96,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the agreement.
BACKGROUND:
The City of Bakersfield recently processed through LAFCO an amendment to the Sphere of
Influence (SOl). Northcutt & Associates was the consultant retained to prepare all the necessary
work related to the Municipal Service Review, Negative Declaration and SOl application.
LAFCO partially approved the City's request in August 2004. Staff intends to submit a far more
global request in order to ensure that long-rem growth and public facility planning can occur, This
new area will include west of the Metropolitan Bakersfield General Plan area.
The original consultant contract with Northcutt & Associates was for $71,170.
This amendment to the contract will expand the total compensation to $96,000. This money is
needed to cover the same items as the original contract, but for a different area.
MG:pjt
Admin\oct\l 0-20-soi
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM: Il .~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 8, 2004
APPROVED
DEPARTMENT HEAD
C, ATTOR.
SUBJECT:
Accept bid to award annual contract to Ben Hargis & Son, not to exceed the budgeted
amount of $50,000, for hauling and spreading dded biosolids at the wastewater treatment
plants.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract is used by the City to remove and spread Biosolids from the wastewater
treatment plants. Invitations to bid were sent to eight (8) vendors and advertised in the newspaper. One
(1) bid, from the current, local, contract holder was received.
Purchasing Division
DW:pjd
P:~ADMIN~004 ADMIN\C04_1020_A_Biosolids.doc
October 8, 2004, 11:24AM
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM: il.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council A~PROVED
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
October 6, 2004 CITY ATTORNEY
CITY MANAGER
Accept bid to award contract to Universal Coatings Inc. ($89,169.70) for~t/he ~Vastewater
Treatment Plant No. 3 Digester #1 coating. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: Digester #1 a concrete holding tanks at Wastewater Treatment Plant #3 that is used to
process sludge and create methane gas. Gases produced inside this tank are corrosive and will
deteriorate the condition of the concrete. Therefore, routine maintenance is periodically required by
application of a protective coating on the inside of the digester tank.
Six bids for were received on October 1,2004 as listed below:
Universal Coating Inc.
1220 E. North Ave.
Fresno, CA 93725
~n amount of
$89,169.70
Inland Concrete Enterprises
2434 Rubidoux Blvd.
Riverside, CA 92509
~n amount of
$89,991.00
Sancon Engineering Inc.
5841 Engineer Drive
Huntington Beach, CA 92649
~n amount of
$90,001.35
Jeffco Painting & Coating
1260 Railroad Ave. Bldg 750
Vallejo, CA 94592
~n amount of
$103,390.26
Blastco Inc,
22904 Mariposa Ave.
Torrance, CA 90502
in amount of
$108,881.25
Robinson-Prezioso Inc.
10114 Shoemaker
Santa Fe Springs, CA 90670
in amount of
$115,766.20
AC - PW/Wastewater
Date Printed' October 7, 2004, 10:30AM
G:\GROUPDAT~ADMINRpT~.004\10-20~Admin Rept E4K113doc
ADMINISTRATIVE REPORT
MEETING DATE October 20, 2004
AGENDA SECTION:
TEM: II.s.
Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
October 8, 2004
APPROVED
DEPARTMENT HEAD(~-,~
ClTY ATTORNEY
CiTY MANAGER'"~
Accept contributions of $12,500 and $10,000 from California Water Service Co. and Kern
County Water Agency as their share of the costs to fight the designation of the City's 2800
Acre Facility as critical habitat for the Buena Vista Lake shrew.
RECOMMENDATION: Staff recommends acceptance of the contributions.
BACKGROUND:
On September 22, 2004 the City Council approved an agreement between Nossaman, Guthner, & Elliott,
LLP, and the City of Bakersfield to provide legal and consulting biological and economics services
concerning the Buena Vista Lake shrew. The amount of the agreement was not to exceed $60,000. These
contributions represent a share of the costs and support in our effort to fight the critical habitat designation
of the City's 2800 Acre recharge facility. They recognize that the listing of the City's 2800 Acre facility as
critical habitat could have a serious and detrimental impact on their operations as well as the City's.
Both California Water Service Co. and Kern County Water Agency have pledged additional support as
may be needed to share the costs and work with the City in a coordinated effort to remove the "2800
Acres" from critical habitat designation for the Buena Vista Lake shrew.
M.R. - Water
October 8, 2004, 10:41AM
C:\Documents and Settings\mrandall\Desktop~Adminl00804.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Consent Calendar
ITEM: (I, ~-.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Florn Core, Water Resources Manager
October 4, 2004
DEPARTMENTHEAD~
CITY ATTORNEY
ClTY MANAGER
Water Pipeline and Powerline Easements for Kern County Water Agency wells located
within the City of Bakersfield's 2800 Acre Recharge Facility (Ward 4).
RECOMMENDATION: Staff recommends approval of easements.
BACKGROUND:
Through Agreement No 84-232 the City agreed to allow the Kern County Water Agency to locate
water wells within the 2800 Acre Recharge Facility. These wells give the Agency the ability to recover
previously banked water in accordance with the City's 2800 Acre operations. The pipeline and power line
easements are so that the Agency at their sole expense, can lay, construct, operate, maintain and repair
these lines. The City will charge a $1000.00 administration fee to process the attached easements.
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
IAGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 24, 2004
APPROVED
DEPARTMENT HEAD ~ ;
ClTY ATTORNEY ,.~
CITY MANAGER .
Acceptance of 2002-03 Transportation Development Act Funds Financial Statement.
RECOMMENDATION: Budget. & Finance Cormlittee reconmnends acceptance of audit report.
BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review
and recommendation. The Committee accepted the audit report at the September 20, 2004 meeting.
The financial statement summarizes fiscal activity for the Streets and Roads Fund, the Bikeway and
Pedestrian Fund, and the Public Transit Fund.
The accuracy and fairness of the presentation is the responsibility of the City. The audit firm of Macias,
Gini & Company has issued an unqualified opinion.
No other reports were issued by the accounting firm in regards to the above audit report.
September 28, 2004, 9:07AM
G:\GROUPDAT~ADMINRPTk2004\10-20\TDA Funds Financial Statements.dec
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
IAGENDA SECTION: Consent Calendar
ITEM: tl'~,
TO:
FROM:
DATE:
Honorable Mayor and City Council /~ APPROVED
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
September 29, 2004 CITY ATTORN~
CITY MANAGER
SUBJECT: Revised Job Specification: City Treasurer
RECOMMENDATION:
Staff recommends approval of the revised job specification.
BACKGROUND:
The City Treasurer position has been recently vacated. Greg Klimko, Finance Director is taking this
opportunity to update the job specification prior to filling the position. The specification has not been
updated since 1986. Changes have been made to reflect current responsibilities and minimum
qualifications.
There is no budgetary impact as the salary will remain the same.
The revised job specification will be presented to the Miscellaneous Civil Service Board at their October
19, 2004 meeting.
9/29/2004 8:33 AM
S:~ADMINRPT~City Treasurer.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Reports
TEM: [~, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
October 11, 2004
DEPARTMENT HEAD
ClTY ATTORNEY
CITY MANAGER
Report #1-04 from the Legislative and Litigation Committee regarding
Ad Hoc Downtown Task Force
APPROVED
RECOMMENDATION:
Legislation and Litigation Committee recommends acceptance of recommendations.
BACKGROUND:
The Legislative and Litigation Committee met on October 18 to review a report of the Ad Hoc
Downtown Task Force. The Ad Hoc Downtown Task Force was formed by the Legislative and
Litigation Committee on July 12, 2004 in an attempt to formulate solutions to the security concerns that
exist in the downtown area, primarily on Thursday through Saturday evenings. The Task Force met
monthly, and its participants included various members of the Downtown Business Association, the
Alcoholic Beverage Control unit, the District Attorney's Office, the Chief of Police and members of his
staff, the City Attorney, and Legislative and Litigation Committee Chairperson Sue Benham. Some of
the administrative recommendations of the Task Force have already been implemented. For example,
the Police Department has removed its weekly use of barricades at 19th and Eye Streets and has
become more flexible in its deployment of officers to the area. Both the Police Department and the
Downtown Business Association have expressed satisfaction with these efforts.
The Task Force believes that there are additional recommendations which can be implemented to
further the goals of the Task Force. The Legislative and Litigation Committee supports the following
recommendations for City Council adoption:
1. That the cabaret sections of the Bakersfield Municipal Code be amended to require
annual permits and the imposition of conditions at the renewal period.
2. That in the interests of community safety, there be a greater awareness amongst City
staff when evaluating the PC&N and liquor license application process so that significant consideration
be given to Department of Justice Part I Crime statistics and police calls for service.
3. That the Bakersfield Police Department and necessary City staff continue to meet with
downtown bar owners and the Downtown Business Association to meet their needs of appropriate
Police presence.
October 11, 2004, 9:52AM
P:\L&L~Admin Reports~ADM04- t 0-20-2-AdHocDowntownTaskForce.doc
ADMINISTRATIVE REPORT
4. That City Council work with the City Attorney to develop and approve a communi~
prosecution program in which the City Attorney's office will partner with the District Attorney's office to
insure that those who commit misdemeanor crimes that threaten our community's "quality of life" are
held accountable for their actions.
5. That the Bakersfield Police Department pursue an agreement with the County/Western
Corrections Diversion Program in an effort to divert certain misdemeanor arrests to community services
projects and to insure that there is a form of restitution for those who commit "quality of life"
misdemeanor offenses.
October 11,2004, 9:52AM
P:\L&L~Admin Reports~ADM04-10-20-2-AdHocDowntownTaskForce,doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Consent Calendar
ITEM: (I. y..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 11, 2004
APPROVED
DEPARTMENTHEAD ,,~
CITY ATTORNE?~~
CITY MANAGER (~z-/
Assessment District and related Public Financing Authority (PFA) Bond Call
1. Appropriate $3,008,200 fund balances to the operating budgets within various
special assessment funds and PFA debt service funds to facilitate advance
redemption of Assessment and related PFA Bonds.
RECOMMENDATION:
Staff recommends appropriation of fund balances for bond calls.
BACKGROUND:
During the year owners may pay the assessment lien balance on their property. The City, as Trustee,
is required to use these additional amounts to "call" outstanding special assessment bonds. The
principal and any premium amounts are forwarded to the City's paying agent to retire bonds in advance
of their normal maturity in accordance with the respective bond indentures. Some of the assessment
bonds were issued using the Bakersfield Public Financing Authority (PFA) as a conduit. A like amount
of PFA bonds are called when certain assessment bonds are called.
klg
S:',KimG\GregorytAdmin~AssmntDistBondCall.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 27, 2004
APPROVED
DEPARTMENT HEAD ~r~.~
CITY ATTORNEY
CITY MANAGER
Protest Hearing for proposed Assessment District No. 04-1, (Countryside/The
Homestead/Cherry Hill/Olive Park III): Resolution Approving Final Engineer's Report,
Levying Assessments, Ordering Improvements and Authorizing and Directing Related
Actions. (Ward 4)
RECOMMENDATION: Staff recommends reconvening the hearing, overriding protests and adopting the
Resolution.
BACKGROUND: On August 18, 2004 Council approved the Preliminary Engineer's Report and
scheduled the hearing as required by law for October 6, 2004. The protest hearing cannot be conducted
until all maps within an assessment district have been recorded. Castle & Cooke California, Inc. did not
submit bond documents sufficiently in advance of the protest hearing date of Oct 6 in order to place Tract
Map 6118 (Phase 3, 4 & 5) and Tract 6195 (Phase 1, 2, 3 & 4) on a Council meeting prior to October 6.
The City did eventually receive the bond documents & the Tract maps were approved on October 6, 2004.
In light of the above, the protest I~earing was opened on October 6 and continued to October 20, 2004.
Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Repod,
levy the assessments and order the public improvements.
Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of
assessment and cash payment opportunity will be mailed to the property owner (Castle & Cooke
California, Inc.) of any property on which an assessment was levied and recorded. In order to expedite
the bond sale and delivery, the property owner have waived their entitlement to pay any part of the
assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and
Unpaid Assessments.
The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement
and Bond Purchase Contract at the November 17, 2004 Council meeting.
The Final Engineer's Report is on file in the City Clerk's Office.
September 28, 2004, 11:56AM
G:\GROUPDAT~ADMINRPT~2004\10-20~AD04-1hrgdot
jas
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Hearings
ITEM: [~, b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 14, 2004
APRRO~ED
DEPARTMENT HEAD~_<~
CITY ATTORNEY
/
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe 04-0439 (Ward 7)
Pinnacle Engineering, on behalf of William Gilli, MD (property owner) has proposed a general plan
amendment and zone change on 39.90 acres, tocated at 2329 McKee Road.
Resolution approving the Negative Declaration and adopting the general plan amendment and
changing the land use element from R-IA (Resource-Intensive Agriculture) to LR (Low Density
Residential).
2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
This amendment is one of several which urbanize the "island" of agricultural land uses between
Pumpkin Center and the existing southern limit of Bakersfield. Requested is a single family
residential development with access off McKee Road. Proximity to Highway 99 requires a sound
wall be built, but other than that, this development is typical for the area and consistent with
adjacent development.
All services are available, no public opposition was identified and the Commission approved this
project with a unanimous vote.
MG/RED
Admin\oct\10-20-0439
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Hearings
ITEM: I~,. C,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 14, 2004
DEPARTMENT
CITY ATTORNE~'/~
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe 04-0871 (No Ward)
Marino Associates, on behalf of King Gardiner Farms and the Kern High School District (property
owners), has proposed a general plan amendment and zone change on 141.36 acres located on
both the north and south side of Kratzmeyer Road on the west side of Allen Road.
Resolution approving the Negative Declaration and adopting the general plan amendment for
R-IA (Resource-Intensive Agriculture) to R-1 (One Family Dwelling) on 80 acres, from GC
(General Commercial) to LMR (Low Medium Density Residential) on 1.36 acres and from LR
(Low Density Residential), LMR (Low Medium Density Residential), and GC (General
Commercial) to PS (Public School) on 60 acres.
2. Resolution approving the Negative Declaration and approving the Cancellation of Williamson
Act Contract for the 80 acres north of Kratzmeyer Road.
First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 101-11 from A (Agriculture) to R-1 (One Family Dwelling) on
80 acres and from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 25 acres.
RECOMMENDATION:
Staff recommends adoption of the resolutions adopting the Negative Declaration, approving the
general plan amendment, giving first reading of the Ordinance and Cancellation of the Williamson
Act Contract.
BACKGROUND:
This request covers two parcels. Eighty acres north of Kratzmeyer is proposed for residential
development. This request is the logical extension of development in northwest Bakersfield.
This proposal is consistent with development across Allen Road and Kratzmeyer Road. No issues
were identified by staff, the general public or the Planning Commission.
ADMINISTRATIVE REPORT Page 2
Property on the south side of Kratzmeyer Road is staff initiated as a mapping "clean up." The high
school district condemned the property for a high school site. Staff is proposing depiction of the
land use as it will actually be developed - a public school. We do this for inventory reasons and to
make our land use map more accurate. The corner will not be a commercial center as it is now
zoned/designated.
The property owner has applied for cancellation of a Land Conservation Contract for the 80 acres
located at the northwest corner of Kratzmeyer and Allen Roads.
The County Assessor has certified that the cancellation value of the land under contract is
$3,$40,000.00 (see attached). A fee equaI to 12-1/2 percent of the cancellation value must be paid
to the County Auditor before certificate of cancellation can be recorded. That fee is $480,000.00.
If it is not paid within a year of recording the tentative approval, it will be recomputed. Upon
notification to the Council that all the conditions and contingencies are satisfied the certificate of
cancellation will be recorded.
No adverse comments were received from the general public or other public agencies.
MG
Admin\10-4-0871
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 13, 2004
./......~P.P R Q. VE D
DEPARTMENT HE D~___~
C'TY MANAGER ~--~
SUBJECT: General Plan Amendment/Zone Chanqe 04-0814, appealed (Ward 4)
Porter-Robertson Engineering, on behalf of McMillin Homes, has appealed the Planning
Commission's decision denying their proposal for a general plan amendment and zone change on
18.2 acres, located along the north side of Snow Road between Shane Street and Homestead
Way.
1. Resolution approving the Negative Declaration and denying the requested general plan
amendment from RR (Rural Residential) to LR (Low Density Residential) on 18.2 acres.
Resolution upholding the Planning Commission decision approving the Negative Declaration
and denying the amendment for Title 17 of the Municipal Code and Zoning Map 101-01 and the
zone change from RS 2-112 (Residential Suburban 2-1/2 minimum lot size) to R-1 (One Family
Dwelling) on 18.2 acres.
RECOMMENDATION:
Staff reco~rrends hearing be continued to 11/3/04 ~eeting.
BACKGROUND:
The sole issue is a proposal to rezone for 6,000 square foot lots within a district of existing large
lots (2-1/2 acres) and zoned for large animals. The area along the north side of Snow Road was
developed years ago (1970-1980's) and was until recently located a considerable distance from
urbanized Bakersfield.
Many of the existing homeowners spoke at the public hearing and raised the basic complaint that
having a highly urbanized development within a rural-type residential development would lead to
inevitable land use conflict.
ADMINISTRATIVE REPORT Page 2
The Planning Commission agreed that the project applicant needed to address the stated
concerns. The applicant offered no buffers, changes of lot size, size restrictions or building
setbacks to mitigate the concerns stated by both the Commission and general public.
The Planning Commission denied the request by a unanimous vote. The applicant appealed the
Commission's decision on September 23, 2004.
MG/RED
Admin\oct\10-20-0814
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Hearings
ITEM: I~.o.-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 14, 2004
AP__~RC)VED
DEPARTMENT HEAD~______~
ATTORNE "--/ '
CITY MANAGER ~
SUBJECT: General Plan Amendment/Zone Chanqe 03-1169 appealed (Ward 6)
Castle & Cooke has appealed the Planning Commission's denial of their proposal of a general plan
amendment and zone change on 20 acres located at the northeast corner of Ashe Road and Panama
Lane. Applicant requested the general plan amendment to LMR (Low Medium Density Residential);
Planning Commission approved the general plan amendment to HMR (High Medium Density
Residential).
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designations from HR (High Density Residential) and GC (General
Commercial) to HMR (High Medium Density Residential) on 11.86 acres and from GC
¢General Commercial) to HMR (High Medium Density Residential) on 8.22 acres.
First reading of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-22 from R-3 (Limited Multiple-Family Dwelling)
and C-2 (Regional Commercial) to R-2 on 8.82 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the Planning Commission's decision,
approving the negative declaration, give first reading to ordinance and deny the appeal.
BACKGROUND:
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change 03-1169 and recommended City Council disapproval of the applicant's request for LMR
(Low Medium Density Residential) on September 16, 2004. Instead, the Commission
recommended a General Plan Amendment from HR (High Density Residential) to HMR (High
Medium Density Residential) with R-2 zoning on 11.86 acres and from GC (General Commercial)
to HMR (High Medium Density Residential) with R-2 zoning on 8.82 acres.
The approval of the Commission recommendation preserves this last site for construction of multi-
family residential development in the Silver Creek neighborhood. The applicant requested LMR
(Low Medium Density Residential) which permits the option of small lot subdivisions. The Planning
Commission denied that request and recommended HMR (High Medium Density Residential) with
ADMINISTRATIVE REPORT Page2
a condition that the density not be less than ten units per acre. This assures that some area within
this neighborhood will be built out with multi-family residential development.
The applicant did not concur with the Commission's recommendation and filed an appeal to the
City Council on September 23, 2004. Applicant states that the Commission condition requiring a
minimum of ten dwelling units per acre is inconsistent with R-2 zoning. The HMR (High Medium
Density Residential) provides for a density range of >7.26 and <17.42 dwelling units per net acre
while the R-2 zoning district allows multiple-family dwelling units at a maximum density of 17.42
units per net acre. The Commission' s intent, in recommending the minimum of ten dwelling units
per net acre, is the development of multiple-family dwellings and not one-family dwellings with
4,500 square foot lots as the applicant addresses in the appeal letter.
It is a goal of the Housing Element of the Metropolitan Bakersfield General Plan to provide a
variety of housing products. Silver Creek has substantial number of single-family dwelling on less
than 6,000 square feet lots. This is the last of the vacant land available for multi-family residential
within the Silver Creek development. It important that there be some variety of housing types
within this neighborhood,
Siting of multi-family housing is difficult in single family neighborhoods. This site is especially
suitable for such development because it is bordered by a canal, storm detention basin, arterial
street and commercial site.
MG/RED
Admin\oct\10-20-1169
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Hearings
ITEM: [3. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 13, 2004
,~VE D
DEPARTMENT HEllO
CITY ATTORkI~..~--~
CITY MANAGER
General Plan Amendment/Zone Chanqe 04-0436, appealed (Ward 3)
Rene Dor'~to-Nelson, on behalf of John W. Howe, Carolyn McNeill, Ruth Neal and Robert Choee, has
appealed the Planning Commission's decision approval of proposal by Ray Lechuga, Keith
Companies, on behalf of Reddy Malladi and Malladi P., for a general plan amendment and zone
change on 108 acres located generally south of Alfred Harrell Highway, east and west of Lake Ming
Road/Masterson Street.
Resolution upholding the decision of the Planning Commission, denying the appeal, approving the
Negative Declaration and adopting the General Plan Amendment to change land use designation
from GC (General Commercial) and OS-S (Open Space-Slopes) to LR (Low Density Residential),
HMR (High Medium Density Residential) and OS (Open Space) on 108 acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123~36 from C-2 (Regional Commercial), C-O (Professional
and Administrative Office) and C-O HD (Professional and Administrative Office Hillside
Development) to R-1 (One Family Dwelling), R-1 HD (One Family Dwelling Hillside Development),
R-2 (Limited Multiple Family), and OS (Open Space) zones on 108 acres.
RECOMMENDATION:
Staff recommends adoption of resolution upholding the Planning Commission decision, approving
the negative declaration, give first reading to ordinance and deny the appeal.
BACKGROUND:
This amendment to the general plan would permit the development of single family and multiple
family residential units and a public park on the 108 acre site. The Planning Commission
conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended
City Council approval on September 16, 2004. Renee Donato Nelson, President of Clean Water
and Air Matter (C. W. A. M.) was in opposition to the request. She cited concerns with air quality,
traffic, endangered species, and roadway improvement schedule issues. The applicant presented
information which addressed her concerns on the issues and the Planning Commission
unanimously voted to approve the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on August
23, 2003, in accordance with CEQA.
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Hearings
TEM: ~), ,0..,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 13, 2004
~PPROVED
DEPARTMENTHE/~//Z:~
MANAGE.
General Plan Amendment/Zone Chanqe 04-0848, appealed (Ward 7)
Porter-Robertson Engineering, on behalf of Floyd Hinesley (applicant), has appealed the Planning
Commission's decision denying Floyd Hinesley's proposal for a general plan amendment and zone
change on 15+ acres and an ordinance amendment for 15+ acres, located south of McKee Road,
generally east of Wible Road.
Resolution upholding the decision of the Planning Commission, denying the appeal,
approving the Negative Declaration and adopting the General Plan Amendment to change
land use designation from R-IA to LR on 15+ acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-36 from A to R-1 zone on 15_+ acres.
RECOMMENDATION:
Staff recommends adoption of resolution upholding the Planning Commission's decision, approving
the negative declaration, give first reading to ordinance and deny the appeal.
BACKGROUND:
This amendment to the general plan would permit the development of single family units on the 15
acre site. The Planning Commission conducted public hearing(s) on this General Plan
Amendment/Zone Change and recommended City Council approval on September 16, 2004. No
one was in opposition to the request and the applicant agreed to all conditions and mitigation for
the project including the addition by the Commission. One Planning Commissioner had a conflict
of interest on the project. The original application for the general plan amendment and zone
change only included 12.17 acres. City staff added to the application, a remaining parcel between
the original request and a 40 acre parcel to the east, which is designated for residential uses, in
order to provide orderly and more cohesive development of the general area. Development of
improvements along McKee Road was a concern of the Planning Commission and therefore, the
Commission added a condition to require street improvements to the adjacent property when
development occurs along McKee Road. This provides for orderly development. Since staff
added the land to the original application and the property owner has no intention to develop the
ADMINISTRATIVE REPORT Page 2
land, the condition refers to the area between the two properties. McKee Road currently is
developed as a county two-lane roadway and when development occurs will be widened and
developed to a collector segment (four travel lanes in 90-foot right-of-way).
Subsequent to the Planning Commission's approval, the applicant appealed the wording of the
condition placed on the project by the Planning Commission. The applicant is proposing paving
two traffic lanes, two foot paved shoulders and four foot graded earth shoulders to be allowed
along the south side of McKee Road. He would not install curb, gutter or sidewalk. The applicant
proposed condition would not promote orderly development. Staff recommends denial of the new
wording.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on August
20, 2004, in accordance with CEQA.
MO
Admin\10-20-0848
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Hearings
ITEM: 15. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 13, 2004
DEPARTMENT H EAD~/~
CITY ATTORNEY ~--~
CITY MANAGER
General Plan Amendment No. 04-0870 (Ward 3)
Griffin Industries, on behalf of owner David Afana, has appealed the Planning Commission's
decision denying their proposal for a general plan amendment on 134 acres located at the
southeast corner of Paladino Drive and Morning Drive.
Resolution adopting the Negative Declaration, overturning the Planning Commission's
decision, and approving the General Plan Amendment to change the land use designation
from R-MP (Resource-Mineral and Petroleum) to LR (Low Density Residential) on 134
acres.
RECOMMENDATION:
Staff recommends adoption of resolution upholding the Planning Commission's decision, approving
the negative declaration, and deny the appeal.
BACKGROUND:
The 134 acre project site is located at the southeast corner of Paladino Drive and Morning Drive (see
Exhibit 1). The proposal would change the land use from R-MP (Resource-Mineral and Petroleum)
to LR (Low Density Residential). On September 16, 2004, the Planning Commission denied GPA
03-0870. The vote was 3-2. The Planning Commissioners that voted to deny the project stated that
their denial was based on a lack of information regarding the oil resource within the Kern Bluff
Oilfield. Staff believes additional information is not necessary for the following reasons:
1)
Only half of the project site is located within the productive limits of the Kern Bluff Oilfield
(see Exhibit 2).
2)
The project site is already zoned for R-1 (One Family Dwelling) development.
3)
In 2003, the Planning Commission approved a 173 lot subdivision (Tentative Tract Map
No.6191) adjacent on the west side of the project site, which is also located within the
productive limits of the Kern Bluff Oilfield.
ADMINISTRATIVE REPORT Page 2
4)
Property adjacent to the northwest of the project site is currently designated and zoned for
single-family residential development even though it contains oil wells and is located within
the productive limits of the Kern Bluff Oilfield.
5)
The proposal would not prevent oil operators within the Kern Bluff Oil Field from extracting
oil on their property or leases, including the project site itself, because the City of
Bakersfield Municipal Code provides adequate provisions (Chapters 15.66, 16.20, and
17.46) for allowing oil extraction on property designated and zoned for single-family
residential development. Chapter 15.66 of the Municipal Code also exempts oil operators
within the Kern Bluff Oil Field from needing a conditional use permit to drill an oil well.
6)
Seven Oaks West was successfully developed within the productive limits of the Canfield
Ranch Oilfield.
The applicant (Griffin Industries, owner: David Afana) has appealed the Planning Commission's
denial of the project (see Exhibit 3). For the reasons stated above, staff believes that the proposal
would not reduce the availability of oil within the Kern Bluff Oilfield. Staff is recommending that the
City Council uphold the applicant's appeal and approve the project.
WC
Admin\10-20-0870
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004 AGENDA SECTION: Hearings
ITEM: t~. ~_...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 7, 2004
~'~A~PROVED
DEPARTMENT HEAD
c T¥ MAN^ ER
Resolution upholding the decision of the Planning Commission, denying the appeal,
adopting the Negative Declaration and approving Vesting Tentative Tract Map 6351
located on the southeast corner of Panama Lane and Ashe Road. (Appellant: Sierra
Club / Engineer: Maurice Etchechury / Subdivider: G.L. Vanherweg & Old River Land
Co.) (Ward 6)
RECOMMENDATION:
Staff recommends upholding the Planning Commission's decision to approve and adopt the
negative declaration and Vesting Tentative Tract Map 6351, and deny the appeal.
BACKGROUND:
This hearing was continued from October, 6, 2004.
On August 19, 2004, the Planning Commission conditionally approved Vesting Tentative Tract Map
6290. The subdivision consists of 256 lots for purposes of s,ngie family development and t sump
lot on 82.22 acres zoned R-1 (One Family Dwelling) including a request for alternate lot and street
design. The project site is located on the southeast corner of Panama Lane and Ashe Road
The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision stating
the cumulative impacts to air quality, biological resources and traffic are significant. Mr. Nipp is of
the opinion the air quality study is figwed in its cumulative analysis, and that the conversion of land
from agricultural uses is incorrectly used in the air quality model. In addition, he suggests a traffic
study be prepared to evaluate cumulative traffic impacts and that an Environmental Impact Report
should be prepared. See Attached Letter.
Mr. Nipp spoke at the Planning Commission hearing in opposition to the project. The applicant
spoke in favor of the project and agreed to the conditions of approval. There were no other
speakers.
The San Joaquin Valley Unified Air Pollution Control District submitted correspondence that
concurred with the conclusions of the air quality study (CD Background Material). The District
submitted an additional letter clarifying their position that it is correct to consider the emissions of
ADMINISTRATIVE REPORT Page 2
the existing use (in this case, agriculture) in the air quality study. Thus, Mr. Nipp's opinion that the
study was incorrectly prepared is not substantiated.
WZI, Inc., consultant, prepared the "Air Quality Impact Study for Tentative Tract Map 6351," (July
2004) (CD Background Material, included in the Initial Study) in accordance with the Southern San
Joaquin Valley Unified Air Pollution Control District's (APCD) "Guide to Assessing and Reducing
Air Quality Impacts, (GAMAQI) January 10, 2002 version.~ The study included analysis
construction-related, project-related mobiJe source, and area source emissions. Total project
emissions are 5.82 tons/year for Reactive Organic Gases (ROG) and for 4.83 tons/year Nitrogen
Oxides (NOx). These levels are less than the APCD's 10 tons per year threshold. Mitigation
measures for construction equipment exhaust, fugitive dust, and mobile source emissions were
incorporated into the project as conditions of approval.
JE
Admin\oct\10-6~6351