HomeMy WebLinkAbout12/15/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS
DECEMBER 15, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
Following Roll Call, the Council will be asked to adopt a resolution declaring the results of the General
Municipal Election for the election of Councilmember for Wards 2, 5, and 6, and the Special Election
for the election of Councilmember for Ward 7, held November 2, 2004.
The administration of Oath of Office will be performed by Pamela McCarthy, City Clerk. This
ceremony is open to all City staff as well as the public. Refreshments will be available after the
ceremony, giving Council time to visit with friends and relatives.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
There will be two appointments to the Miscellaneous Civil Service Board, one appointment to the
Police Civil Service Board, two appointments to the Keep Bakersfield Beautiful Committee, and one
appointment to the Bakersfield Habitat Conservation Plan Trust Group.
CONSENT CALENDAR
Ordinances
Item 9c. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Applications for
and Renewal of Cabaret Permits. The Municipal Code currently requires that a cabaret must have a
permit in order to operate. The proposed ordinance provides a process to renew these permits,
extends the time in which to apply for a renewal permit, provides that permits be issued no Later than
20 days prior to commencement of permitted activities, and provides for a non-refundable permit
application fee.
Item 9d. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from
a PCD (Planned Commercial Development} Zone to a Revised PCD Zone on 7.5± Acres Generally
Located on the Southeast Corner of Mount Vernon Avenue and State Hiahwav 178. The applicant,
Mark Russell, proposes a mixed use commercial shopping center plan. This PCD request is to
substitute a fast food restaurant pad with a "Cruz Thru" car wash, located in the southern portion of
the project site. The square footage of the shopping center will slightly increase from 48,183 to 49,983
square feet. The remaining site plan for the shopping center will stay the same as approved in by the
City Council in August 2004.
No one spoke at the public hearing before the Planning Commission in October, 2004. The applicant
agreed aLI the conditions of approval, which includes requiring a sidewalk along one side of Mall View
Road (private street) and along the east side of the Office Max building. The Planning Commission
recommended approval.
Item 9e. Ordinance Amendinq the Municipal Code bv ChanQin(~ the Zonincl from a C-1 (Neiqhborhood
Commercial~ Zone to a C-2 (Reoional Commemial) Zone on 0.61_+ acres Located on the Southwest
Corner of Brunda(]e Lane and South P Street. The applicant, Nilda Muzinich, proposes the zone
change to allow for regional commercial type uses, which is consistent with the General Plan
designation. At a public hearing held before the Planning Commission in October, 2004, no one was
Agenda Highlights
December17,2004
Page 2
in opposition to the request and the applicant agreed to all conditions and mitigation for the project.
The Planning Commission recommended approval.
Resolutions
Item 9h. Resolution Approvin(~ the Application for $250,000 Grant Funds for the Mill Creek Proiect.
We propose attempting to obtain a $250,000 grant from the State of California Department of Parks
and Recreation through the 2002 Resources Bond Act Roberii-Z'Berg Harris Urban Open Space and
Recreation Grant Program. This resolution authorizes staff to file an application for the funds. The
application was submitted on December 9, 2004 and this resolution will be forwarded to the State
Department of Parks and Recreation to complete the application process.
Staff will continue to search for additional funding for the project. However, the project will only go
forward if the grant funds are received, sufficient matching funds are secured, and a maintenance
district is in place.
Item 9i. Resolution Adoptina the Commitment to Advertise for the Reconstruction of the Eastbound
White Lane to Southbound State Route 99 On-ramp Within One Year of Filinq the Notice of
Completion for Construction of the White Lane at State Route 99 Overcrossinq Wideninq and
Interchanae Improvement Proiect. During construction of the proposed improvements, it was
discovered that the eastbound to southbound on-ramp could not be constructed to meet current
Caltrans Standards without modification to the on-ramp. It is Caltrans' policy that if modifications are
made to the ramp, the entire ramp must be reconstructed to meet current standards. Caltrans has
authorized a temporary solution, not to exceed one year, to correct the southbound on-ramp. The
City desires to finish the current contract with Granite Construction Company, budget the southbound
on-ramp into next year's Capital Improvement Program, and advertise the project to receive
competitive bidding. In addition, the extended time will allow the City to acquire additional right-of-way
or construction easements to potentially redesign and reduce the construction costs of the
southbound on-ramp.
Item 9n. Resolution Suooortinq Mitiaation of Ozone Precursor and Particulate Matter Emissions from
Railroad Related Operations. At the September 27, 2004 Joint City Council-Board of Supervisors
meeting, City and County staff received a joint referral to prepare resolutions for consideration by
each body. The purpose of the resolutions was to express the desire of the Council and Board of
Supervisors for the Valley Air District, the California Air Resources Board and mainline railroads
operating within the San Joaquin Valley air basin to continue efforts that would lead to their
agreement upon implementation measures reducing emissions that lead to the formation of ozone
and particulate matter. The Board of Supervisors is expected to consider substantially the same
resolution on December 14, 2004.
Item 9y. Lease to Own - Home Ownership Proaram. The Pacific Housing and Finance Agency is a
joint powers authority made up of 57 member agencies. This program, which is sponsored by
regional housing and finance agencies located in various California communities, is designed to help
Iow- and moderate-income individuals and families overcome barriers to home ownership through a
unique lease-purchase program financed through tax-exempt obligations issued by the California
Communities Housing & Finance Agency. This process is detailed in the administrative report.
Council will be asked to approve an agreement with Pacific Housing and Finance Agency to promote
home ownership in the City, and a resolution approving the agreement.
Agenda Highlights
December 17, 2004
Page 3
Item 9bb. Resolution Makina Findinas and Determination Reqardinq Commitment of Unexpended
Park Acauisition and Develqpment Fees. Council is asked to make findings and commit all
unexpended funds collected for both acquisition and development which the City will have held for five
or more years. These funds total $1,197,817. Proposed commitment of these fees include purchases
of park land in both the Central and Southwest Park Zones, and used towards the completion of the
32-acre park at Stockdale and Buena Vista, Silver Creek Community Center Refurbishment, and
utilities, irrigation, and replacement of one softball diamond at Mesa Marin.
A~lreements
Item 9dd. Aoreements with Louie's Towino and Golden Emoire Towin(3 to Provide Towino Services
for the Police Department in an amount not to exceed $20,000 each . Currently, the Police
Department has four private tow companies on its tow list, all of which are dispatched to calls on a
rotational basis. In order to make this rotation more efficient, the Police Department desires to
contract with two additional tow companies. These companies meet or exceed the aforementioned
equipment specifications and have been safety inspected by the Department.
Item 9ee. Amendment No. 3 to Aoreement No. 03-156 with Gilliam & Sons. Inc. for Earthmovina.
Haulinq and Equipment Rental ($300,000 increase, for a revised not to exceed compensation amount
of $1.070.000~. When Amendment No. 2 was approved in May, 2004, additional heavy equipment
rental was needed based on certain expectations of timing with regards to the pumhase of new
equipment. Delays have occurred as a result of the U.S. Military's need for heavy equipment tires. It
has, therefore, been necessary to rent equipment longer than originally estimated, necessitating a
need to further increase the compensation. The original agreement provided for a one-year extension
with no increases in unit pricing. The agreement was extended to June, 2005, but additional funds
were not added to the contract. This administrative report increases the compensation clause.
Item 9hh. Aoreement with Kern Count,/for Jail Bookino Fees in the amount of $913.787. The City
just concluded a five year agreement with the County for booking fees which ended on June 30, 2004.
As part of the State FY 2004-2005 budget deliberations, SB 1102 provided that no county shall
assess a higher booking fee than was in place on January 1, 2004. Therefore, the County of Kern
has proposed that a one-year agreement for the same amount charged to the City in FY 2003-04 be
entered into for FY 2004-05, which is a flat fee of $913,787. The County has suggested a one-year
term for the agreement since SBl102 only addresses the FY 04-05 payment and the booking fee
subvention by the state is to be eliminated next fiscal year.
Item 9ii. Aqreement with ADH Corporation for Acquisition of Park L~nd for South Oswell Park in the
amount of $111.600. ADH Corporation is required to dedicate 2.48 acres of park property at the
northeast corner of South Oswell Street and Redbank Road. Combining this park land with 5 acres of
adjacent park property will produce a total park site of almost 7Y2 acres. This agreement provides
that, upon escrow, a sum of $111,600 ($45,000 per acre) be paid to ADH Corporation from the
Central Zone to purchase the 2.48 net acres of reserved land.
Item 9jjo Aoreement with Dokken Enqineerinq for Desiqn of the New Allen Road Brid(]e over Kern
River in the amount of $568,700. The primary objective of the project is to construct a six lane, all-
weather bridge over the Kern River, from approximately 1,100 feet north of Ming Avenue to
approximately 1,700 feet south of Stockdale Highway.
On October 14, 2004, the City received 16 responses that were then reviewed by a Selection
Committee of senior Public Works staff, The Selection Committee determined that 6 firms should be
invited for interviews. The Committee found the firm of Dokken Engineering to have the combination
of high qualifications and reasonable fee proposal, which is most favorable for the City.
Agenda Highlights
December 17, 2004
Page 4
Item 9kk. Amendment No. I to A(]reement No. CA04-040 with Clifford & Brown for Leqal Services in
the Matters of Robert Pratt v. City and Rachelle Scudder v. City in the amount of $50,000 (totRI
contract amount not to exceed $75,000.00). Discovery for both cases has been consolidated in an
effort to reduce costs and legal fees. However, additional funds are required to continue these cases.
Bids
Item 9mm. Award Contract to Looo Electric for the Brundaqe Lane Street Liqhtinq Proiect in the
amount of $124,960. This project will improve pedestrian lighting along Brundage Lane, between
Chester Lane and Union Avenue, and along Union Avenue, between Belle Terrace and State Route
58. A total of 17 street lights will be installed, and will be funded by CDBG funds. Two acceptable
bids were received. Staff recommends award to Loop Electric.
Item 900. Culvert Reconstruction - South P Street at Kern Island Canal - Central Branch. This
project consists of replacing an existing corrugated metal pipe culvert with a precast reinfomed
concrete box culvert. Two acceptable bids were received to manufacture the precast culvert, for
which staff recommends awarding an Independent Contractor's Agreement to StructureCast, Inc. in
the amount of $90,000. Five acceptable bids were received to reconstruct the canal culvert. Staff
recommends awarding this contract to Granite Construction Company in the amount of $215,015. An
additional appropriation of $55,000 Gas Tax Fund balance is necessary to complete the project.
Item 9pp. Award Contract to Black/Hall Construction for Construction of the Animal Care Facility
Located at 175 So. Mt. Vernon Avenue in the amount of $504,235. As part of the agreement
between the City and County, the City agreed to build an animal care facility to shelter animals which
come into the City's keeping. The agreement calls for 44 dog kennels and no less than 300 square
feet to house cages for impounded cats. This City-owned facility will provide heating, cooling and a
utility sink with hot and cold water. All site improvements such as irrigation, landscaping, sidewalks,
curbs, gutters, signs and parking lot will be completed by City forces. A requirement of the agreement
is that the final completion and occupancy of the facility shall be on or about July 1, 2005. Four
acceptable bids were received. Staff recommends award to Black/Hall Construction.
Miscellaneous
Item 9tt. ADprooriate $102.000 Fund Balance to the Southeast Redevelooment Project Area. Capital
Improvement Bud(3et for the Acouisition of Prooertv Located at 102 E. White Lane ~future site of Fire
Station No. 5). The property being purchased is located approximately 1000 feet east of Union
Avenue of the north side of White Lane. The sellers are willing to sell this property to the Bakersfield
Redevelopment Agency at the current appraised value of $100,000, if the escrow can close on or
before December 31, 2004.
City controlled federal CDBG Funds have been previously earmarked in the current year's allocation
for this acquisition cost; however, these funds cannot be released by HUD in time for the City to meet
the escrow closing deadline required by the owner. It is still planned to use these funds to pay for the
cost of the land required for the fire station. To accomplish this, the Redevelopment Agency will later
sell the land to the City and be reimbursed all of the costs associated with this acquisition when it sells
the property to the City in early 2005. The Planning Commission found the acquisition of this
property consistent with the 2010 General Plan. The Bakersfield Redevelopment Agency approved
the Purchase Agreement at their December, 2004 meeting.
Agenda Highlights
December 17, 2004
Page 5
CONSENTCALENDAR HEARINGS
Item lOa. Public Hearino to Consider Resolution Authorizinq the City Council to Impose the California
Vehicle Code to Private Roads in Mobile Home Parks and Manufactured Housinq Communities.
State law allows the application of California Vehicle Code regulations, including speed regulations,
on private streets owned by mobile home parks if properly requested by the owner of the facility. The
respective owners of Smoke Tree Mobile Estates and Smoke Tree RV Park have requested that
Council pass a resolution allowing this Code to be applied in order to increase public safety by
preventing speeding or other dangerous vehicular activities within their facilities.
HEARINGS
Item 11a. and b. Public HearinQs to Consider Resolutions of Necessity to Determine Whether the
Public Interest and Necessity ReQuire AcQuisition by Eminent Domain of Two ProPerties for the
Westside Parkwav and West Beltwav Interchan(3e Proiect. The first property is comprised of 40_+
acres located approximately ~,4 mile east of Heath road and 1/2 mile west of Renfrow Road on the north
side of Stockdale Highway. The second property is located at 5455 - 5601 -A Rosedale Highway.
Staff has been negotiating with the respective property owners for the better part of a year. Both
owners have conveyed by written correspondence that they will accept an amount that was twice the
appraised value. Staff has requested that the owners provide a credible basis for the alternate value;
but, to date, no such correspondence has been received. Staff will continue to make attempts at
negotiation.
Council must adopt the Resolutions of Necessity by vote of two-thirds of all the members of the
Council, not two-thirds of a quorum of the members present.
NEW BUSINESS
Item 12a. Election of Vice-Mayor. Following an election, the Council elects one of its members at the
first meeting a new Council takes office to be Vice Mayor. At the January 12, 2005 Council meeting,
the newly elected Vice Mayor will make recommendations or appointments to all committees and
special Boards.
Approved:
John W. Stinson,
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
AGENDA
DECEMBER 15, 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. INSTALLATION
Resolution No. 303-04 declaring the results of the General Municipal Election for the election
of Councilmember for Wards 2, 5, and 6, and the Special Municipal Election for the election
of Councilmember for Ward 7, held in the City of Bakersfield on November 2, 2004.
Staff recommends adoption of resolution.
Administration of Oath of Office.
RECONVENED MEETING - 6:30 p.m.
4.
5.
6.
ROLLCALL
INVOCATION by Dr. David Goh, Senior Pastor, Bakersfield Community Church at the Garden.
PLEDGE OF ALLEGIANCE by Anthony Lee, Kindergarten Student, Downtown Elementary School.
PRESENTATIONS
Presentation by Mayor Hall of Retirement Plaque and Gift Certificate to Jack L. Hardisty,
Development Services Director.
PUBLIC STATEMENTS
APPOINTMENTS
a. Two appointments to the Miscellaneous Civil Service Board due to the expiration of terms
of Percy Robinson and Gonzalo Ramirez, terms expiring December 31, 2004.
Staff recommends Council determination.
b. One appointment to the Police Civil Service Board due to the expiration of term of William
R. Perry, term expiring December 31, 2004.
Staff recommends Council determination.
c. Two appointments to the Keep Bakersfield Beautiful Committee due to the expiration of
terms of Dana Karcher (Ward 2) and David Taylor (Ward 5), terms expire December 2004.
Staff recommends Council determination.
d. Appointment of Stan Grady, Incoming Development Services Director, to the Metropolitan
Bakersfield Habitat Conservation Plan Trust Group due to the retirement of Jack Hardisty.
Staff recommends Council determination.
9. CONSENT CALENDAR
(Ward 3)
(Ward 1)
(Ward 1)
(Ward 1,2)
(Ward 7)
(Ward1,2,6)
Minutes:
a. Approval of minutes of the November 17, 2004 Council Meeting.
Payments:
Approval of department payments from November 4, 2004 to December 2, 2004 in the
amount of $17,362,148.27 and self insurance payments from November 4, 2004 to
December 2, 2004 in the amount of $282,418.64.
Ordinances:
First Reading of Ordinance amending Chapter 5.14 of the Municipal Code relating to
applications for and renewal of cabaret permits.
First Reading of Ordinance adopting a negative declaration and amending Section
17.06.020 (Zone Map No. 103-22) of Title 17 of the Municipal Code changing the zoning
from a PCD (Planned Commercial Development) zone to a revised PCD zone on 7.5 + acres
generally located on the southeast corner of Mount Vernon Avenue and State Highway 178
to allow a 49,983 square foot commercial shopping center. (Applicant: Mark Russell) (File
No. 04-0903)
e. First Reading of Ordinance adopting the negative declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-06 from a C-1 (Neighborhood Commercial) zone
to a C-2 (Regional Commercial) zone on 0.61 + acres located on the southwest corner of
Brundage Lane and South P Street. (Applicant: Nilda Muzinich) (ZC 04-1128)
Resolutions:
f. McDonald Planned Sewer Area:
1. Resolution adopting the McDonald Planned Sewer Area and making findings thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating
to sewer facilities. (First Reading 11/17/04)
Resolution adopting the Investment Policy of the City of Bakersfield.
Resolution approving the application for $250,000.00 Grant Funds for the 2002 Resources
Bond Act Roberti-Z'Berg-Harris Urbanized Area Need-Basis Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for
the Mill Creek Project.
Resolution adopting the commitment to advertise for the reconstruction of the eastbound
White Lane to southbound State Route 99 on-ramp within one year of filing the notice of
completion for construction of the White Lane at State Route 99 Overcrossing Widening and
Interchange Improvement Project.
Resolution confirming the approval by the Assistant to the City Manager of the report of the
Chief Code Enforcement Officer regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County
Tax Collector.
Resolution adopting an amended Conflict of Interest Code for City departments.
Resolution determining that certain surplus Ericsson telephone equipment be exchanged
with the County of Riverside for surplus voice mail equipment of equal value.
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 5)
(Ward 5)
(Ward 1)
(Ward 7)
(Ward 2)
(Ward 5)
(Ward 5)
CONSENT CALENDAR continued
Resolution authorizing the Finance Director to dispense with usual bidding procedures and
to purchase upgraded Firearms Training Simulator (FATS) for the Police Department, not
to exceed $66,200.00.
Resolution supporting mitigation of ozone precursor and particulate matter emissions from
railroad related operations.
Resolution of Application proposing proceedings for annexation of approximately 59 acres
of uninhabited territory to the City identified as Annexation No. 461 located at the southwest
corner of Allen Road and Reina Road.
Resolution of Application proposing proceedings for annexation of 38 acres of uninhabited
territory to the City identified as Annexation No. 472 located west of Calloway Drive, south
of Seventh Standard Road.
Resolution of Application proposing proceedings for annexation of 178 acres of uninhabited
territory to the City identified as Annexation No. 476 located south of Hosking Avenue
approximately 500 feet east of South Union Avenue.
Resolution adding territory, Area 2-27 (Ashe, N. Halfmoon 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 of Intention No. 1351 to add territory, Area 3-27 (Buena Vista, Harris NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1352 to add territory, Area 5-15 (S. Oswell, Redbank NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1353 to add territory, Area 5-16 (Arkwood, Hosking NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1354 to add territory, Area 1-51 (Gibson, Marriott SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1355 to add territory, Area 2-28 (McNair, Resnick SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1356 to add territory, Area 3-26 (Progress, Panama Ln. NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Lease to Own - Home Ownership Program:
1. Resolution approving the agreement with Pacific Housing & Finance Agency (a Joint
Powers Authority) to promote home ownership in the City of Bakersfield.
2. Joint Powers Agreement with Pacific Housing & Finance to promote home ownership
in the City of Bakersfield.
3
9. CONSENT CALENDAR continued
(Ward 4)
aa.
bb.
Assessment District No.
Commercial/Cherry Hill II):
04-2 (Brighton Parks/Brighton Village/Stockdale at AIlen
1. Resolution accepting petition and determining to undertake special assessment
proceedings.
2. Resolution approving boundary map.
3. Resolution of Intention No. 1357.
4. Resolution approving acquisition and disclosure agreements and authorizing
changes thereto and execution thereof.
5. Agreement with Wilson & Associates for assessment engineering.
6. Agreement with Orrick, Herrington & Sutcliffe, bond counsel, for legal services.
Repair and replacement of fire station overhead doors:
1. Resolution determining that certain equipment can only be reasonably obtained from
one vendor, Robert B. Moss, Jr. Architectural Specialties, and authorizing the
Finance Director to dispense with bidding not to exceed $28,000.00.
2. Contract with Robert B. Moss, Jr, Amhitectural Specialties (not to exceed
$28,000.00) for repair and replacement of fire station overhead doore.
Resolution making findings and determination regarding commitment of unexpended park
acquisition and development fees.
Agreements:
(Ward 3,4,5,6) cc.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Pulte Home Corporation for Tract
6149 Phase 1 and 2 located south of State Route 178 and west of Miramonte Drive.
2. Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC.
for Tract 5966 Unit 4 located north of Meacham Road and east of Old Farm Road.
3. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for
Tract 6144 Phases 1 and 2 located north of Stockdale Hwy. and west of Renfre Rd.
4. Final Map and Improvement Agreements with GMAC Model Home Finance, Inc., and
Lennar Homes of California, Inc., for Tract 6156 Unit 4 located east of Buena Vista
Road and south of Pacheco Road.
5. Final Map and Improvment Agreements with McMillan Albany, LLC for Tract 6169
Phases I and 7 located north of Panama Lane and west of Progress Road.
6. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for
Tract 6196 Unit 1 located north of Harris Road and west of Mountain Vista Drive.
7. Final Map and Improvement Agreements with KB Home Greater Los Angeles, Inc.,
for Tract 6190 located south of McCutchen Road and west of Stine Road.
8. Improvement Agreements with Castle & Cooke Commercial-CA, Inc. for Parcel Map
10552 Unit 1 located north of Stockdale Hwy. and east and west of Calloway Dr.
9. Improvement Agreement with Granite Falls, LLC, for Parcel Map 11053 located north
of Granite Falls Drive and west of Coffee Road.
9. CONSENT CALENDAR continued
(Ward 4,6,7)
(Ward 1)
(Ward 4) jj.
dd. Police Department Towing Services:
ea.
1. Agreement with Louie's Towing to provide towing services.
2. Agreement with Golden Empire Towing to provide towing services.
Earthmoving, Hauling and Equipment Rental:
Amendment No. 3 to Agreement No. 03-156 with Gilliam & Sons, Inc. ($300,000.00
increase for a revised not to exceed compensation of $1,070,000.00) for
earthmoving and hauling services.
Appropriate $300,000.00 Solid Waste Fund Balance to the Public Works Operating
Budget.
Environmental Impact Report for General Plan Amendment/Zone Change No. 04-1012
(McCutchen 110 LLC):
1. Agreement with McCutchen 110 LLC (need amount) for the preparation of an
Environmental Impact Report (EIR) and appropriate $103, 782.00 (developer's
contribution) to the Development Services operating budget in the general fund.
2. Agreement with RBF Consulting ($103,782.00) to prepare an Environmental Impact
Report (EIR).
gg. Agreements to indemnify LAFCO for Annexation No. 454, Proceeding No. 1396 uninhabited
territory located west of Jewetta Avenue, north of Brimhall Road, Annexation No. 457,
Proceeding No. 1394 uninhabited territory located between Reina Road and Kratzmeyer
Road, west of Allen Road, Annexation No. 463, Proceeding No. 1395 uninhabited territory
located south of McCutchen Road between Ashe Road and Stine Road, Annexation No.
464, Proceeding No. 1396 uninhabited territory located south of McKee Road generally
between Wible Road and State Highway 99, and Annexation No. 465, Proceeding No. 1393
uninhabited territory located west of Calloway Drive north of Snow Road.
hh. Agreement with County of Kern ($913,787.00) for jail booking fees.
ii. Park at South Oswell Street and Redbank Road:
kk.
Agreement with ADH Corporation ($111,600.00) for acquisition of park land for
South Oswell Park.
2. Appropriate $111,600.00 Park Improvement Fund Balance.
Agreement with Dokken Engineering ($568,700.00) for design of the new Allen Road Bridge
over Kern River.
Bids:
(Ward 1 ) II.
Amendment No. I to Agreement No. CA04-040 with Clifford & Brown ($50,000.00, total
contract amount not to exceed $75,000.00) for legal services in the matters of Robert Pratt
v. City and Rachelle Scudder v. City.
Accept bid and award contract to Loop Electric ($29,361.00) for street light installation on
Stockdale Highway from McDonald Way to Stine Road.
(Ward 1)
(Ward 1)
(Ward 1)
(Ward 1)
10.
CONSENT CALENDAR continued
mm. Accept bid and award contract to Loop Electric ($124,960.00) for Brundage Lane
streetlighting project.
nh.
OO.
Accept bid to award annual contract to Loop Electric (not to exceed $40,000.00) for vehicle
loop cutting service at various intersections within the City.
Culvert Reconstruction - South "P" Street at Kern Island Canal - Central Branch:
1. Award contract to StructureCast Inc. ($90,000.00) to manufacture a precast culvert.
2. Accept bid and award contract to Granite Construction ($215,015.00) to reconstruct
the canal culvert.
3. Appropriate $55,000.00 Gas Tax Fund Balance to the Capital Improvement Budget.
Pp. Accept base bid and award contract to Black/Hall Construction ($504,235.00)for
construction of the Animal Care Facility located at 175 So. Mt. Vernon Avenue.
qq. Accept bids from Jim Burke Ford ($347,668.76), Coalinga Motors, Inc. ($49,469.07) and
Lasher Dodge ($16,493.98) for twenty-eight (28) replacement pickup trucks.
Miscellaneous:
Fr.
Department of Homeland Security, Office for Domestic Preparedness Grant:
1. Accept $14,000.00 grant for purchase of EMS permanent jackets.
2. Appropriate $14,000.00 Federal Grant Revenue to the Fire Department General
Fund Operating Budget.
ss. Accept a $3,250.00 grant donation from Wal-Mart and appropriate $3,250.00 contribution
to the Police Department operating budget in the general fund for purchase of an LCD
projector and miscellaneous equipment for the Child Safety Program.
tr. Appropriate $102,000.00 Fund Balance to the Southeast Redevelopment Project Area,
Capital Improvement Budget for the acquisition of property located at 102 E. White Lane
(future site of Fire Station No. 5).
uu. Employee Sick Leave Restoration.
Staff recommends adoption of Consent Calendar items a through uu.
CONSENTCALENDARHEARiNGS
Public Hearing to consider Resolution authorizing the City Council to impose the California
Vehicle Code to private roads in mobile home parks and manufactured housing
communities.
Staff recommends adoption of resolution.
11.
(Ward 4)
(Ward 4)
12.
13.
14,
HEARINGS
a. Public Hearing to consider resolution of necessity to determine whether the public interest
and necessity require acquisition by eminent domain of 40+ acres located approximately 1/4
mile east of Heath Road, ~ mile west of Renfro Road-on the north side of Stockdale
Highway (Ritter property), for the Westside Parkway and West Beltway Interchange project.
Staff recommends adoption of resolution.
Public Hearing to consider resolution of necessity to determine whether the public interest
and necessity require acquisition by eminent domain of property located at 5455 - 5601-A
Rosedale Highway (Mangus property), for the Westside Parkway and West Beltway
Interchange project.
Staff recommends adoption of resolution.
NEW BUSINESS
a. Election of Vice-Mayor.
Staff recommends Council determination.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
12/9/04 2:10pm
7
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: c~. o,.,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~.---/
December 3, 2004
APPROVED
DEPARTMENT HEAD 0~
CITY ATTORNEY ~
CITY MANAGER
Resolution declaring the results of the General Municipal Election for the election of
Councilmembers in Wards 2, 5, and 6, and the Special Municipal Election for the election of
Councilmember in Ward 7, held in the City of Bakersfield on November 2, 2004.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution is required to accept the results of the General Municipal Election and Special Municipal
Election of November 2, 2004 as certified by the Kern County Clerk, declaring the following persons
elected to the Office of Councilmember for a full four-year term, commencing December 15, 2004 and
expiring when their successors are elected, qualified and have received the Oath of Office in December
2008.
Ward 2: Sue Benham
Ward 5: Harold Hanson
Ward 6: Jacquie Sullivan
The following person was elected to the Office of Councilmember, Ward 7, to fill the unexpired term of
Mark Salvaggio, commencing December 15, 2004 and expiring when a successor is elected, qualified
and has received the Oath of Office in December 2006.
Ward 7: Zack Scrivner
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Janet McCrea
Acting Human Resources Manager
November 18, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY N/A
ClTY MANAGER ~
Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Jack L. Hardisty.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Jack L. Hardisty, Development Services Director, Development Services Department, for 23.25
years of service to the City of Bakersfield.
11/18/2004
S:~Karen~Adrnin Reports~Hardisty Retiree Presentation.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~..~e~
December 6, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
'~_~?
CITY MANAGER
TWO appointments to the Miscellaneous Civil Service Board, due to the expiration
of terms of Percy Robinson and Gonzalo Ramirez, terms expiring December 31, 2004.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Miscellaneous Civil Service Board due to the expiration of terms of
Percy Robinson and Gonzalo Ramirez, whose terms expire December 31, 2004. The news release
for this recruitment was posted on November 19, 2004.
Applications for appointment have been received from the following:
· Percy Robinson
· Gonzalo Ramirez
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue,
Bakersfield.
pi
S:~Bds&Comm\MlSCCS\admin 2004,dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Appointments
ITEM: '~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Cou.~
Pamela A. McCarthy, City Cler~l~
December 6, 2004
~PPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY .,~'z~
CITYMANAGER ~'~
One appointment to the Police Civil Service Board, due to the expiration of term
of William R. Perry, term expiring December 31, 2004.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of William
R. Perry, whose term expires December 31, 2004. The news release for this recruitment was
posted on November 19, 2004.
Applications have been received from the following individuals:
· William R. Perry
· Percy Robinson
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601
Truxtun Avenue, Bakersfield.
pi
December 6, 2004, 3:29PM
S:\Bds&Comm\POLICE~admin 2004.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
r ITEM: ~
AGENDA SECTION: Appointments
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
A. McCarthy, City Cle~ ~4~_..~
Pamela
December 8, 2004
APPROVED
DEPARTMENT HEAD
CITY ATFORNEY
CITY MANAGER
Two (2) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of
terms of Dana Karcher (Ward 2) and David Taylor (Ward 5), terms expire December 2004.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there are four vacancies on the Keep Bakersfield Beautiful Committee due to the expiration of
terms of Dana Karcher (Ward 2), David Taylor (Ward 5), John Enriquez (VVard 6), and Sandra Garrigan
(Ward 7), whose terms expire December, 2004. The news release for this recruitment was posted on
November 19, 2004.
John Enriquez and Sandra Garrigan have submitted Declarations indicating they do not wish to be
reappointed to the Committee. Applications for appointment have been received from the following:
· Dana Karcher (Ward 2)
· David Taylor (Ward 5)
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight MayodCouncil-appointed members who will take on the responsibility of decision making for the
beautification program. Terms of office run concurrent with the term of his or the nominating
Councilmember or Mayor, 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. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
Rg
December 8, 2004, 8:08AM
S:\Sds&Comm\KBSC~Admin Dec 2004.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Appointments
ITEM: ~. ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cler~_~) DEPARTMENT HEAD
DATE: December 7, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appointment of Stan Grady, incoming Development Services Director to the Metropolitan
Bakersfield Habitat Conservation Plan Trust Group due to the retirement of Jack Hardisty.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are currently two members on the Habitat Conservation Plan Trust Group, Jack Hardisty,
Development Services Director and Ted James, Director of the Kern County Planning Department. With
the upcoming retirement of Jack Hardisty, the City needs to appoint someone to serve in his place.
In order to maintain continuity on the board, staff recommends the appointment of Mr. Hardisty's
successor, Stan Grady.
pmc
December 7, 2004, 4:27PM
$:\Bds&Comm\MBHabitat2004,dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
I ITEM: ~.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
November 5, 2004
A._PPROVED
DEPARTMENT HE~) ~
CITY ATTORNEY
CITY MANAGER
Approval of minutes of the November 17, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
J ITEM ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 2, 2004
APPROVED
DEPARTMENT HEAD .,/'//')'
CITY MANAGER
Approval of department payments from November 4, 2004 to December 2, 2004 in the
amount of $17,362,148.27 and self insurance payments from November 4, 2004 to
December 2, 2004 in the amount of $282,418.64.
RECOMMENDATION:
Staff recommends approval of payments totaling $17,644,566.91.
BACKGROUND:
tc
December 2, 2004, 2:13PM
S:\KimG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
IAGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 30, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER
Ordinance amending Chapters 5.14 of the Bakersfield Municipal Code relating to
applications for and renewal of cabaret permits.
RECOMMENDATION:
Staff recommends first reading of this ordinance.
BACKGROUND:
Chapter 5.14 of the Bakersfield Municipal Code deals with the licensing of cabarets and requires
that a cabaret must have a permit in order to operate. The proposed ordinance provides a process to
renew these permits, extends the time in which to apply for a renewal permit from 30 to 80 days prior to
commencement of the permitted activities, provides that permits be issued no later than 20 days pdor to
commencement of permitted activities, and provides for a non-refundable permit application fee.
November 30, 2004 - 9:24 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent
I ITEM: ti.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 24, 2004
~.~OVED
DEPARTMENT
CITY ATTO RN~/~.~
CITY MANAGER
Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map
No.103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from a PCD (Planned Commercial Development) zone to a revised PCD (Planned
Commercial Development) zone on 7.5+ acres generally located on the southeast corner
of Mount Vernon Avenue and State Highway 178 to allow a 49,983 square foot
commercial shopping center.(Applicant: Mark Russell) (File # 04-0903) (Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On October 21, 2004, the Planning Commission recommended approval of PCD Zone Change
#04-0903 to allow an amendment to a mixed use commercial shopping center plan. The project
site is located at the southeast corner of State Highway 178 and Mount Vernon Avenue. This PCD
request is to substitute a fast food restaurant pad with a "Cruz Thru" car wash, located in the
southern portion of the project site. The square footage of the shopping center will slightly increase
from 48,183 to 49,983 square feet. The remaining site plan for the shopping center will stay the
same as approved in by the City Council in August 2004.
Proposed Revised PCD Zone Change # 04-0903 would change a fast food pad to a 3,300 square
foot car wash and a 500 square foot kiosk. The car wash is similar to other "Cruz Thru" car
washes in town. The basic design is a drive through car wash "tunnel," with adjacent wipe down
and vacuum bays and a kiosk housing the cashier's office. Blue and white are the elevation colors
for the car wash buildings. The landscaping will match the approved landscaping of the shopping
center.
No one spoke at the public hearing and the applicant has agreed all the conditions of approval.
In order to improve pedestrian circulation, a condition has been added to require sidewalk along
one side of Mall View Road (private street) and along the east side of the Office Max building.
ADMINISTRATIVE REPORT Page2
In August, the City Council approved PCD Zone Change #04-0480 changing the previously
approved grocery store building to a large retail store (OfficeMax), an in-line tenant building, adding
a retail pad and a restaurant pad. In addition, there are four restaurant pads fronting Mount Vernon
Avenue currently either in plan check or under construction.
Other past actions on the project site include approval of General Plan Amendment and concurrent
Zone Change #P00-0744 on February 14, 2001. The Council approved General Commercial land
use designation on the project site and the adjacent Home Depot property, which covered 27.9
acres. Council approved C-2 (Commercial) zoning for the Home Depot site and required the
remaining area west of Home Depot to be developed as a PCD (Planned Commercial
Development) zone. PCD ZC #04-0480 complies with the GPA condition to develop the property
under a PCD zone.
In September 2002, the City Council approved PCD Zone Change 02-0263. This PCD consisted of
67,300 square foot shopping center including a grocery store and four fast food restaurants. Much
of the discussions focused on internal circulation of the shopping center. Several conditions
related to traffic improvements along the extension of Mall View Road through the project site to
Mount Vernon Avenue were adopted. These conditions have been carried over and included in
the conditions of approval for PCD Zone Change 04-0480. The developer is required to extend the
second east bound lane and channelize it to provide a trap right turn lane at the first nodh-south
parking aisle. Street improvements along Mt. Vernon Avenue have been completed with the Home
Depot construction. Conditions of approval require walls and landscaping along the south property
line to protect and adjacent apartment complex in the County from noise and visual impacts of the
shopping center.
Staff has determined the negative declaration of recently approved Revised PCD Zone Change
#04-0480 adequately addressed the impacts that would result with Revised PCD Zone Change
#04-0903.
This negative declaration for ZC #04-0480 was adopted on August 18, 2004. In accordance with
CEQA section 15162, no further environmental documentation is necessary because no
substantial changes to the original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken and no new environmental impacts have
been identified. Mitigation measures have been incorporated into the conditions of approval
(Exhibit "A").
JE
Admin\12-15-0903
ADMINISTRATIVE REPORT
IMEETING DATE: December 15, 2004
AGENDA SECTION: Consent
ITEM: I~, ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 22, 2004
~P,I~3VED
DEPARTMENT HEAD/'
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 124-06 from a C-1 (Neighborhood Commemial) zone to a C-2 (Regional
Commemial) zone on 0.61+ acres, located on the southwest corner of Brundage Lane and
South P Street (Applicant: Nilda Muzinich). (ZC 04-1128) (VVard 1).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On October 7, 2004 the Planning Commission adopted Resolution No. 140-04 recommending
approval of a Zone Change from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional
Commercial) zone on 0.61+ acres. The zone change would allow for regional commercial type
uses, and is consistent with the general plan designation.
At the public hearing held before the Planning Commission, no one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends adoption of the ordinance
approving the zone change.
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: (~, .~C.
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 6, 2004
APPROVED
DEPARTMENT HEAD ~
CIIYATTORNEY~
CITY MANAGER
McDonald Planned Sewer Area t'VVard 1):
Resolution of the City of Bakersfield Adopting the McDonald Planned Sewer Area and
Making Findings Thereto.
An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the
Bakersfield Municipal Code relating to Sewer Facilities. (Second Reading)
RECOMMENDATION: Staff recommends approval of the Resolution of Intention and Ordinance.
BACKGROUND: The City will construct a sewer trunkline in the McDonald area generally bounded by
Joseph Drive on the north, the Stine Canal on the east, Stockdale Hwy on the south and McDonald Way
on the west. Sewer Enterprise funds will be used to front the cost of this project. These funds will be
reimbursed as existing parcels within the area connect to the sewer trunkline.
The City Council approved the first reading of the ordinance on November 17, 2004.
This resolution adopts the McDonald Planned Sewer Area.
This ordinance adds the McDonald Sewer Area to the list of Sewer Areas for which developers and
residents are charged at time of development or connection to pay the cost of constructing the sewer
facilities.
jas
December 6.2004, 4:58PM
G:\GROUPDAT~ADMIN R PT~2004\12-15\McDonald PSAadopt. DOC
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: (~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. KIimko, Finance Director
November 12, 2004
APPROVED
DEPARTMENTHEAD
c.-, MANAGER
SUBJECT: Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with Section 53646 of the California Government Code that
requires staff to annually render to the legislative body a statement of investment policy which the
legislative body shall consider at a public meeting. There have been no changes to the California
Government Code since the last investment policy and therefore there are no changes to the current
policy.
The City's investment policy received certification through the Investment Policy Certification Program of
the Association of Public Treasurers of the United States and Canada (PTA US&C) in 2001. Minor
changes were made to the investment policy in 2003 to comply with changes in the California Government
Code. According to the PTA US&C those minor changes did not require re-certification of the City's
investment policy.
November 12, 2004, 12:34PM
P:\MlSC~Admin report invest policy.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~{. h,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kurtz, Economic Development Director
December 8, 2004
DEPARTMENT HEAD
ClTY ATTORNEY
ClTY MANAGER
APPROVED
A Resolution al~proving the Application for $250,000 Grant Funds for the 2002 Resoumes
Bond Act Roberti-Z'Berg-Harris Urbanized Area Need-Basis Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for
the Mill Creek Project. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
A conceptual plan for a 1.5 mile linear park along the Kern Island Canal in downtown Bakersfield known
as the Mill Creek project was approved by the City Council in December 2003. Community
recommendations for such improvements were generated during the Greater Bakersfield Vision 2020
process. These ideas were further refined in the Downtown Design Charrette, where community members
recommended extending park improvements along the Kern Island Canal. With the passage of the 2002
Resources Bond Act Roberti-Z'Berg Harris Urban Open Space and Recreation Grant Program, the City of
Bakersfield has the opportunity to secure up to $250,000 toward such improvements.
Project Description
The Mill Creek Project would transform the portion of the Kern Island Canal from Golden State Avenue to
California Avenue into a "natural" creek, with a walking path, public art, construction of a replica mill,
creation of a pond in Central Park, vacation of vehicular access rights on 17t~ Street at the Kern Island
Canal, and a common use agreement with Kern Delta Water District, the owner of the Kern Island Canal.
The length of the Mill Creek project, from Golden State to California avenues, makes it unlike most other
park or recreation areas. Therefore, for description purposes, the project has been divided into five
separate segments and will be constructed in phases.
Grant Request
This grant request is for constructing the first phase of the project which includes decorative seating,
pathway lights, a 12 foot wide walkway path, decorative fencing, and exercise stations. From north to
south, the segments are described as follows:
Segment One: Between Golden State Avenue and 21~ Street. This section would include a 12 foot wide
walking path, lighting, landscaping, and public art.
S:~Admins~City Council~Mill Creek RobertiZgrantappapp¢oval121504.doc
121812004 8:46 AM
ADMINISTRATIVE REPORT
Page 2
Segments Two: Between 21~ and 19/h streets (Central Park) This section would include the creation of a
pond in Central Park, a 12 foot wide walking path around the pond, decorative Dighting, theme benches,
landscaping, decorative fencing, exercise stations and public art.
Segment Three: Between 19~h and 1~~ streets. This section would include a smaller pond to assist with
the slowing of the water current, walking paths around the pond, lighting, landscaping, and public art.
These segments are located within the Old Town Kern-Pioneer Redevelopment Area and are provided for
illustrative purposes only and are separate and distinct from possible phasing of the project's construction.
A hydrology study will need to be established prior to final development of construction plans to set in
place the control facilities to prevent both upstream and downstream flooding.
Estimated cost
Development of the Mill Creek Project would occur in phases over several years, based upon the
operations of the Kern Delta Water District and the securing of funds. Staff estimates the cost of the Mill
Creek Project to be approximately $10 million. No general funds are anticipated for the development of
Mill Creek. Phase one construction cost is estimated to at $4,552,600. Major funding would be provided
from a $ 250,000 grant from the State of California Department of Parks and Recreation through the 2002
Resources Bond Act Roberti-Z'Berg Harris Urban Open Space and Recreation Grant Program. This
resolution authorizes staff to file an application for the funds. Staff plans to apply for the maximum
amount, $250,000. The application was submitted on December 9, 2004 and this resolution wilI be
forwarded to the State Department of Parks and Recreation to complete the application process.
$4,302,600 in additional matching funds have been identified for phase one construction from a
combination of redevelopment tax increment, federal funds through a special Brownfield Economic
Development Initiative (BEDI), Transportation Development Act Article 3 Bike Path/Pedestrian fund, and
Community Development Block Grant funds. A maintenance district would be created to generate funds
for the maintenance of the proposed improvements.
Staff wilD continue to search for additional funding for the project. However, the project will only go forward
if the funds from the 2002 Resources Bond Act Roberti-Z'Berg Harris Urban Open Space and Recreation
Grant Program are received, sufficient matching funds are secured, and a maintenance district is in place.
S:~Admins~Ci/y Council~Mirl Creek RobertiZgramappapprova1121504 doc
12/8/20048:46 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: q. [.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 2, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution adopting the commitment to advertise for the reconstruction of the eastbound
White Lane to southbound State Route 99 on-ramp within one year of filing the notice of
completion for construction of the White Lane at State Route 99 Overcrossing Widening
and Interchange Improvement project. (Ward 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: On August 19, 2003, the City of Bakersfield issued a notice to proceed to Granite
Construction Company for the construction of White Lane at State Route 99 Overcrossing Widening and
interchange Improvement project. During construction of the proposed improvements, it was discovered
that the cross slopes of White Lane near the eastbound to southbound on-ramp could not be constructed
to meet current Caltrans Standards without modification to the on-ramp. The original construction plans
for the current project did not reconstruct nor modify any portion of the southbound on-ramp. In addition,
the southbound on-ramp does not meet current Caltrans Standards.
It is Caltrans policy that if modifications are made to the ramp, the entire ramp must be reconstructed to
meet current standards. Caltrans has authorized the City a temporary solution, not to exceed one year, to
correct the southbound on-ramp. The City desires to finish the current contract with Granite Construction
Company, budget the southbound on-ramp into next years Capital Improvement Program, and advertise
the project to receive competitive bidding. In addition, the extended time will allow the City to acquire
additional right of way or construction easements to potentially redesign and reduce the construction costs
of the southbound on-ramp.
December 2, 2004, 11:07AM
G:\GROUPDAT~DMINRPT~2004\12-15\Resolution White Lane.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
IAGENDA SECTION: Consent
ITEM ~{ '2'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
December 15, 2004
/~-~ .~?OV E D
DEPARTMENT
CITY ATTOR
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant to the City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debds and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Ward 1, 2, and 6)
RECOMMENDATION: Adopt the Resolution.
BACK6ROUND: Assessment hearing was held on November 8, 2004, by the Assistant to the City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward 1/Councilmember Carson
1. Northwest Corner of Brook & Cottonwood 172-101-23 $ 294.00
2. 907 L Street 009-142-09 $ 339.00
3. 10 Milham Drive 139-431-08 $ 269.00
4. 16 Milham Drive 139-431-07 $ 289.00
5. 2''e Lot North of 3605 Oliver St. 172-102-17 $ 344.00
6 1309 Potomac Avenue 018-091-37 $ 289.00
7. 905 P Street 009-162-13 $ 389.00
8. 913 P Street 009-162-09 $ 389.00
November 18. 2004, 2:37PM
P:gadmin report oct.6bH doc
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
Ward 2/Councilmember Sue Benham
APN ..COST
9. 823 Kentucky Street 014-300-10 $ 839.00
10. 1030 20~h Street 005-302-07 $ 289.00
11. 124 17~h Street 006-123-14 $ 394.00
12. 2408 Brundage Lane 008-240-18 $ 395.00
13. 1014 Lake Street 015-350-14 $ 1,739.00
Ward 6/Councilmember Jacquie Sullivan
14. North of 3500 Anderson St.
172-102-37 $ 369.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to the
City Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant to the City Manager of the costs
incurred by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
November 18. 2004, 2:37PM
P:~admin reporl oc[.6bll doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~. ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
December 3, 2004
AP~PROVED
DEPARTMENTHEAD
CITYATTORNEY /"~
CITY MANAGER
Resolution adopting an amended Conflict of Interest Code for City of Bakersfield
departments.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Political Reform Act ("PRA") requires a biennial review of local agency conflict-of-interest codes and
that each governmental agency review, update and amend its Conflict of Interest Code whenever
positions are created, deleted or modified so as to conform with the positions designated for reporting of
economic interests. The positions identified in this update were created or modified subsequent to the
Council's approval of Resolution No. 127-02 on July 31, 2002 which completed the year 2002 biennial
review of the Conflict of Interest Code.
The positions created or modified as set forth in the resolution (Exhibit "A") meet the criteria for filing
Statements of Economic Interest under the PRA as they are either involved in purchasing of equipment,
materials or services and/or participate in or influence government decisions on behalf of their respective
departments.
The current Code was reviewed by the City Attorney and City Manager, then provided to each department
head with recommended changes. Those changes included adding new designated positions, revising
titles of existing positions, adding responsibilities to existing positions, and deleting abolished titles and
positions no longer requiring designation.
The proposed amendments to the Conflict of Interest Code (all changes are in bold) is attached and
incorporated by reference into the resolution as Exhibit "A".
December 3, 2004, 12:13PM
S:\COU NClL~Admins\04-05 Admins\Conflictlnterest2004.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: (~. I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 4, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
c TY MANAGER
Resolution determining that certain City of Bakersfield Ericsson surplus telephone
equipment be exchanged with the County of Riverside for surplus voice mail equipment of
equal value.
RECOMMENDATION: Staff=recommends adoption of the Amendment.
BACKGROUND: The City of Bakersfield uses a Pulse Point voice mail server that is integrated with the
Ericsson telephone network to provide voice mail service for City employees. Pulse Point ceased
manufacturing of our model of voice mail servers several years ago. Although Pulse Point still provides
technical maintenance and repair of our voice mail system, parts have become scarce and costly.
The County of Riverside has recently upgraded their voice mail network. Their old network consisted of
several Pulse Point voice mail servers of the same model and configuration as the server used by the City
of Bakersfield.
In June 2002, the City of Bakersfield purchased the entire Ericsson phone network from Cai State
Bakersfield. They surplused their Ericsson phone network after upgrading with another manufactures
telephone system. The addition of this equipment will more than double the possible capacity of the
current Ericsson network owned by the City.
The County of Riverside nas proposed an exchange of two (2) of their surplus Pulse Point voice mail
servers for two (2) of the City's spare Edcsson switch cabin~;s. The estimated value of the voice mail
servers is $15,000 each. The estimated value of the Ericsson switch cabinets is also $15,000 each.
Giving up 2 Ericsson switch cabinets would not impact future expansion requirements for the City. The
addition of 2 voice mail servers would be a great asset to the City for future expansion/spare pads with
City of Riverside for equal value voice mail equipment.
Melvin Perry@Corem3300
November 10, 2004, 9:22AM
P:/AdminReport.wpd
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. fY/.
TO: f~ED
FROM: DEPARTMENT HEAD
D^TE: ^TTOR.E¥
CITY MANAGER
SUBJECT: Resolution authorizing the Finance Director to dispense with usual bidding procedures and
to purchase upgraded Firearms Training Simulator (FATS) for the Police Department, not to exceed
$66,200.
Honorable Mayor and City Council
William R. Rector, Chief of Police
December 3, 2004
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
The existing Firearms Training Simulator was purchased in 1996 and has become an essential tool in
training officers in life-threatening situations and judgment in potential shooting situations. As the
technology employed with the current system has become antiquated, it is no longer supported by FATS,
Inc.. Consequently, the training scenarios available to the Police Department are very limited.
The upgraded FATS IV system will greatly enhance the Police Departments ability to train officers by:
· Utilizing DVD's, giving more scenario options.
· Offering untethered weapons, making the training experience more realistic.
· Offering training in more weapons including the Glock pistol, Remington 870 shotgun, the Colt M4
Carbine, the Taser and a chemical spray option.
Funding for this purchase will come from a Supplemental Law Enforcement Services Funding (S.L.E.S.F.)
grant awarded to the Police Department in September 2004. The City Council approved the grant
spending plan, and appropriated monies for this purpose on September 22, 2004. The purchase of the
FATS upgrade will not have any impact on the General Fund.
DB
November 30, 2004, 4:21PM
P:\BPD\GRANTS\SLESF\SLESF 0406~ADMIN RPT - SOLE SOURCE FATS.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent
ITEM: I~. r~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 24, 2004
~OVED
DEPARTMENT H E~.~//~
CITY ATTORNEy ~
CITY MANAGER
Resolution Supporting Mitigation of Ozone Precursor and Particulate Matter Emissions from
Railroad Related Operations. (All Wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
At the September 27, 2004 Joint City Council-Board of Supervisors meeting, City and County staff
received a joint referral to prepare resolutions for consideration by each body. The purpose of the
resolutions was to express the desire of the Bakersfield City Council and the Kern County Board of
Supervisors for the Valley Air District, the California Air Resources Board and mainline railroads
operating within the San Joaquin Valley air basin to continue efforts that would lead to their
agreement upon and implementation measures reducing emissions that lead to the formation of
ozone and particulate matter. Discussion at the joint meeting also supported using the Bakersfield
Metropolitan Area PM~0 Working Group as means whereby local agencies could be kept apprised
of the progress made by the aforementioned groups.
The Kern County Board of Supervisors is expected to consider substantially the same resolution
on December 14, 2004.
JH:pjt
Admin\12-15-rro
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent
ITEM: ti. o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 12, 2004
APPROVED
DEPARTMENT HE~"~
ClTYATTORNEY × ~.~-
ClTY MANAGER ~
A Resolution of Application proposing proceedings for annexation of approximately 59
acres of uninhabited territory to the City of Bakersfield identified as Annexation No.
461 located at the southwest corner of Allen Road and Reina Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 461 to the City of Bakersfield. The proposed annexation
consists of approximately 59 acres of land located west of Allen Road, south of Reina
Road.
The property owner has consented to annexation. The proposal is to annex the land to
develop single family residential and receive city services.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 95-244) between the City of
Bakersfield and the County of Kern. The basis for this determination is that this annexation
is covered under section b. 7. of the agreement "Annexation of Uninhabited Land and
Residential Development."
MO
Admin\12-15-roa461
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent
ITEM: 4. p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 12, 2004
//~PPROVED
DEPARTMENT H EA~/"?
C I TY ATT 0. N ~E//x~//~"4_...~
CITY MANAGER
A Resolution of Application proposing proceedings for annexation of 38 acres of
uninhabited territory to the City of Bakersfield identified as Annexation No. 472 located
west of Calloway Drive, south of Seventh Standard Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 472 to the City of Bakersfield. The proposed annexation
consists of approximately 38 acres of land located west of Calloway Drive, south of
Seventh Standard Road.
The property owner has consented to annexation and wishes to receive city services.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 95-244) between the City of
Bakersfield and the County of Kern. The basis for this determination is that this annexation
is covered under section b. 7. of the agreement "Annexation of Uninhabited Land and
Residential Development."
MO
Admin\12-15-roa472
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent
ITEM: 4. ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
November 12, 2004
APPRpVED
DEPARTMENT HEAD~
CITYATTORNEY / ~
C, MA.AGER
SUBJECT:
A Resolution of Application proposing proceedings for annexation of 178 acres of
uninhabited territory to the City of Bakersfield identified as Annexation No. 476 located
south of Hosking Avenue approximately 500 feet east of South Union Avenue.
(Ward 7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 476 to the City of Bakersfield. The proposed annexation
consists of approximately 178 acres of land located south of Hosking Avenue,
approximately 500 feet east of South Union Avenue.
The property owner requested annexation and wishes to receive city services, upon
development of single family residences on the site.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 95-244) between the City of
Bakersfield and the County of Kern. The basis for this determination is that this annexation
is covered under section b. 7. of the agreement "Annexation of Uninhabited Land and
Residential Development."
MO
Admin\12-15-roa476
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
IAGENDA SECTION: Consent Calendar
ITEM: 01. r'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 20, 2004
~PPROVED
DEPARTMENT HEAD~/~t~-.-~
CITY ATTORNEY ~-~-
Resolution adding territory, Area 2-27 (Ashe, N. Halfmoon 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 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 17, 2004 the Council adopted Resolution of Intention No. 1350 to add
territory, Area 2-27 (Ashe, N. Halfmoon 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 public park and street landscaping for Lots 1 and 2 of Parcel Map No. 5364.
Area 2-27 is generally bounded by Nottingham Lane on the north, Ashe Road on the east, N. Halfmoon
Drive on the south and the alley 340 feet west of Ashe Road on the west. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
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(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also
has submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
dc
October 20, 2004, 3:10PM
S:\PROJECTS\MAINDIST~ADMINRPT~MD2-27_Est-Decl 5-04.dot
ADMINISTRATIVE REPORT
IMEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: 4~, ~).
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 23, 2004
/~_ ROVED
DEPARTMENT HEAD ..
CITY ATTORNEY/~
CITY MANAGER ~
Resolution of Intention No. 1351 to add territory, Area 3-27 (Buena Vista, Harris NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tracts No. 6156, 6196 and 6313 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 3-27 is generally bounded by Pacheco
Road on the north, Mountain Vista Drive on the east, Harris Road on the south and Buena Vista Road on
the west. This area will be under the park and streetscape zones of benefit and will be assigned
appropriate tier levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
November 23, 2004, 10:28AM
MD3-27Ri05
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~,-~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 23, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER
Resolution of Intention No. 1352 to add territory, Area 5-15 (S. Oswell, Redbank NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No's. 6232 and 6297 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 5-15 is generally bounded by Zephyr
Lane on the north, S. Sterling Road on the east, Redbank Road on the south and S. Oswell Street on the
west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate
tier levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
November 23.2004, 12:19PM
MD5-15Ri05
MEETING DATE: December 15, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 22, 2004
APPROVED
DEPARTMENTHEAD ,~
CITY ATTORNEY /'~
CITY MANAGER
Resolution of Intention No. 1353 to add territory, Area 5-16 (Arkwood, Hosking NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6155 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 5-16 is generally bounded by a line approximately 1320 feet
north of Hosking Avenue on the north, South Union Avenue on the east, Hosking Avenue on the south
and Arkwood Street on the west. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
November 22, 2004, 11:47AM
MDS-16Ri05
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
TEM: Ct, V.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 29, 2004
DEPARTMENT HEAD .~,,~ROVE D
CITY MANAGER
Resolution of Intention No. 1354 to add territo~, Area 1-51 (Gibson, Marriott SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Pub c Works Director's Repod. (Ward 2).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel
Map Waiver No. 04-0833 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping. Area 1-51 is generally bounded by Marriott Drive on the north, a line
approximately 1175 east of Gibson Street on the east, Burr Street on the south and Gibson Street on the
west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level
when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
November 29, 2004, 12:08PM
MD1-51Ri05
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: 5~, u0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 30, 2004
APPROVED
DEPARTMENT HEAD..
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1355 to add territory, Area 2-28 (McNair, Resnik SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Parcel Map No. 10834 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 2-28 is generally bounded by McNair Lane on
the north, the Arvin-Edison Canal on the east, a line approximately 620 feet south of McNair Lane on the
south and a line approximately 700 feet east of Ride Street on the west. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above whicl~ waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
November 30, 2004, 10:07AM
MD2-28Ri05
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ×,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 30, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTO RN Ey/'~"~'~
CITY MANAGER ~(~'~'~
Resolution of Intention No. 1356 to add territory, Area 3-28 {Progress, Panama Ln, NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. {Ward 5),
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tracts No. 6169 and 6307 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 3-26 is generally bounded by a line
approximately 2310 feet north of Panama Lane on the north, Progress Road on the east, Panama Lane
on the south and Old River Road on the west. This area will be under the park and streetscape zones of
benefit and will be assigned appropriate tier levels when a park has been constructed and street
landscaping has been installed..
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
November 30, 2004, 11:09AM
MD3-28Ri05
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
J ITEM: q,~.
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEAD ~
DATE: December 8, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Pacific Housin~ and Finance Agency - Lease to Own Program - (Wards All)
1) Resolution aPproving the agreement by and between the City of Bakersfield and the
Pacific Housing & Finance Agency, a Joint Powers Authority to promote home ownership in
the City of Bakersfield.
2) Joint Powers Agreement with Pacific Housing & Finance Agency to promote home
ownership in the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Pacific Housing and Finance Agency (PHFA) is a joint powers authority made up of 57 member
agencies that choose to participate in the Program. In this region, the cities of Modesto, Fresno, Visalia,
and Delano have voted to join this Joint powers Authority (JPA) designed to expand home ownership.
In January of 2004, the PHFA Board of Directors approved the Public Lease Purchase (PLP) Lease-
Purchase Home Ownership Program. This program, which is sponsored by regional housing and finance
agencies located in various California communities, is designed to help Iow- and moderate-income
individuals and families overcome barriers to home ownership through a unique lease-purchase program
financed through tax-exempt obligations issued by the California Communities Housing & Finance Agency
(CCHFA).
Participation in this program would assist in our efforts to encourage and facilitate home ownership. The
PHFA program allows participants with incomes up to 140% of median income to build equity in a new or
existing home during the lease period. The program allows eligible participants to select a home that
meets their housing needs. The home is then purchased for them by Pacific Housing & Finance Agency
using a Iow-cost mortgage. The lease-purchaser is able to begin the lease-purchase program with very
little or even no cash of their own, effectively lock in the home purchase price, and use the lease period to
establish or re-establish their credit reputation. All lease payments are credited to the Agency's mortgage,
which in turn reduces the lease-purchaser's effective option price. The lease-purchaser exercises their
purchase option by obtaining new financing in an amount sufficient to pay the unpaid balance of the
S:~Admins~Cily CounciNease to own program.doc
12/8/2004 7:58 AM
ADMINISTRATIVE REPORT . Page2
Agency's mortgage plus program costs that may be due at that time. Once the purchase option has been
exercised, the lease-purchaser becomes the fee simple owner of the home and has access to the equity
that may have accrued during the lease period.
No City funds will be used under the lease to own program nor will it impact the city's bond rating or
bonding authority. The real estate purchased under the program will be the necessary security for the
mortgage funded through PHFA.
S;~Adrnins\City CounciNease Io o~n program.doc
12/8/20047:58 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ¢-.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 1, 2004
Assessment District No. 04-2, (Brighton
Commercial/Cherry Hill II).
~PPROVED
CITY MANAGER ~
Parks/Brighton Village/Stockdale at Allen
1. Resolution Accepting Petition and Determining to Undertake Special Assessment
Proceedings.
2. Resolution Approving Boundary Map
3. Resolution of Intention 1357
4. Resolution Approving Acquisition and Disclosure Agreements and Authorizing
Changes Thereto and Execution Thereof.
5. Agreement with Wilson & Associates for Assessment Engineering.
6. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
(Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed district has four distinct sub areas as follows:
Bri,qhton Parks: This sub area is located south of Kern River Freeway, west of Jewetta
Avenue, east of Allen Road, north of Stockdale Hwy and is planned for new residential
development. It is proposed that the improvements for this sub area will be constructed by
the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon
completion. The improvements include construction of curb, gutter, sidewalk, street lights,
storm drains, traffic signal, water lines, landscaping, and block wall improvements for Tracts
6250.
Brighton Villaqe: This sub area is located south of Kern River Freeway, west Jewetta
Avenue, east of Allen Road, north of Stockdale Hwy and is planned for residential
development. It is proposed that the improvements for this sub area will be completed by
December 1, 2004, 10:40AM
G:~GROUP DAT~ADMINRPT~004\I 2-15~AD04-2roi.dot
ADMINISTRATIVE REPORT
Jas
the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon
completion. The improvements include construction of curb, gutter, sidewalk, street lights,
storm drains, traffic signal, water lines, and block wall improvements for Tracts 6281.
Stockdale at Allen Commercial: This sub area is located north of Stockdale Hwy between
Jewetta Avenue and Allen Road and is proposed for Commercial Office development. It is
proposed that the improvements for this sub area will be constructed by the developer
(Castle & Cooke California, Inc.), with acquisition of the improvements upon completion.
The improvements include construction of sidewalk, grading, paving, street lights, water,
block walls and off site improvements.
Cherry Hill I1: This sub area is located south of Reina Road, west of Jewetta Avenue, east
of Allen Road, north of Hageman Road and is proposed for new residential development. It
is proposed that the improvements for this sub area will be constructed by the developer
(Cherry Hill, Inc.), with acquisition of the improvements upon completion. The
improvements include construction of on-site and off-site improvements for Tract 6153
Units three and four which includes curbs, gutters, sidewalk, grading, paving, sewer, storm
drain and block walls.
The primary motive for combining four sub areas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
December 1,2004, 10:40AM
G:\G RO UPDAT~ADMINRP'r~2004~ 12-15~AD04-2roi.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
I ITEM: (~,
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
December 2, 2004
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Repair and replacement of fire station overhead doors
Resolution determining that certain equipment can only be reasonably obtained from
one vendor, Robert B. Moss, Jr. Architectural Specialties, and authorizing the Finance
Director to dispense with bidding not to exceed $28,000. (Fire station apparatus
overhead doors repair and replacement)
2. Contract with Robert B. Moss, Jr. Architectural Specialties for repair and replacement of
fire station overhead doors not to exceed $28,000.
RECOMMENDATION: Staff recommends adoption of resolution and approval of contract.
BACKGROUND: This contract with Robert B. Moss, Jr. is for ongoing repairs of the fire station
overhead doors city-wide. It is imperative apparatus doors be reliable and can be repaired within hours.
Having standard overhead doors from the same manufacturer for our fire stations allows for efficiencies in
parts availability and repairs.
December 2, 2004, 2:56PM
S:\SUSAN~Admin Report Word, Moss 2003.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Agenda
ITEM: 0~. b~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen
Director of Recreation & Parks
DEPARTMENT HEAD
APPROVED
h
December 3, 2004 CITY ATTORNE¥.,,~-~
CITY MANAGER
Resolution making findings and determination regarding commitment of uneXpended Park
Acquisition and Development fees.
RECOMMENDATION:
Staff recommends adoption of resolution committing unexpended Park Acquisition and Development fees.
BACKGROUND:
In 1990, the City Council adopted two ordinances relating to park land dedication and development. One
ordinance requires developers to set aside land and/or pay in-lieu fees for park land purposes (BMC Ch.
15.80). The other ordinance requires the builders to pay fees for the development of the park site (BMC
Ch. 15.82).
The State Government Code (§66001(d)) and the Bakersfield Municipal Code require the Council to make
periodic findings and determination of any remaining funds unexpended or uncommitted after they have
been held for five or more years after deposit of fees. The State Government Code requires local
agencies "for the 5th fiscal year following the first deposit into an account or fund, and every 5 years
thereafter, to include specified information in findings relating to the funding of a project." Current practice
is to make such findings for the 5th fiscal year following deposit and every year thereafter.
In accordance with the current practice, Council will be informed on an annual basis of alii funds not
expended within 5 years.
This is the tenth of the annual determinations. Park fees can only be expended for park acquisition and
development. Moreover, the funds must be expended within the areas in which they were collected and
for the benefit of the residents of that area. (Thus the establishment of the three park zones of benefit).
Fees are collected as neighborhoods are developed in the zones and projects are completed as the funds
accumulate over time.
Significant sums are typically required to acquire suitable sites and develop them in accordance with city
standards. If sufficient funds have not accumulated, the already-collected funds need not be expended
within five years, provided that the Council determines that they can eventually be expended to benefit
zone residents. By making this determination, the city will be able to continue accumulating funds in each
Page 2
ADMINISTRATIVE REPORT
zone until there are amounts that are sufficient to establish and improve park and recreation facilities that
provide long-range benefits to residents. The determination shall be to identify the purpose for which the
fees are proposed to be expended. In the event that no need could be demonstrated, then the funds
would have to be refunded to the current property owner. Staff has identified needed projects to utilize
existing and projected funding in each zone. Staff continues to plan for future park development and
improvements. Existing balances in some zones are not sufficient to fund additional projects; however, it
is projected that the necessary additional monies will be collected, as there is further development in these
ZONES.
This Administrative Report requests Council to make findings and commit all unexpended funds collected
for both acquisition and development, which the City will have held for five (5) or more years in
accordance to the attached. Schedule A summarizes unexpended revenue on hand after five years.
Schedule B is staff's recommendation, which summarizes proposed expenditures for these funds in future,
and/or existing parks.
On May 28, 2003, the Council approved the City Manager's Report 3-03, which included a
recommendation to reduce the number of park zones from six to three effective July 1, 2003. This
administrative report provides information on the unexpended funds for the new zones for ending FY
03/04.
P:lAdmin Rpts/PIF Unexp Funds 06-04:rlj
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 30, 20014
Tract Maps and Improvement Agreements
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/P_PROVED
Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6149
Phase 1 and 2 located south of State Route 178 and of west of Miramonte Drive. t'VVard 3)
Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract
5966 Unit 4 located north of Meacham Road and east of Old Farm Road. (Ward 4)
Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract
6144 Phases 1 and 2 located north of Stockdale Highway and west of Renfro Road.
(Ward 4).
Final Map and Improvement Agreements with GMAC Model Home Finance, Inc., and
Lennar Homes df California, Inc., for Tract 6156 Unit 4 located east of Buena Vista Road
and south of Pacheco Road. (VVard 5)
Final Map and Improvement Agreements with McMillin Albany, LLC for Tract 6169 Phases
1 and 7 located north of Panama Lane and west of Progress Road. (Ward 5)
Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract
6196 Unit 1 located north of Harris Road and west of Mountain Vista Drive. (VVard 5)
Final Map and Improvement Agreements with KB Home Greater Los Angeles, Inc., for
Tract 6190 located south of McCutchen Road and west of Stine Road. (Ward 6)
Improvement Agreements with Castle & Cooke Commercial-CA, Inc for Parcel Map 10522
Unit 1 located north of Stockdale Highway and east and west of Calloway Drive. (VVard 4)
Improvement agreement with Granite Falls LLC, for Parcel Map 11053 located north of
Granite Falls Drive and west of Coffee Road, (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
December 3, 2004, 2:54PM
G:\GROUPDAT~ADMIN R PT~2004\12~15~MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
BACKGROUND:
td
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
December 3, 2004, 2:54PM
G:~GROUP DA'i~ADMINRP'r~2.004\I 2-15\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
JAGENDA SECTION: Consent Calendar
ITEM: ~. ~,,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
December 1, 2004
Police Depadment Towing Services:
1.
2.
APPROVED
DEPARTMENT .EAI~ ~
CITY ATTORNEY ~
CITY MANAGER ~
Agreement with Louie's Towing to provide towing services.
Agreement with Golden Empire Towing to provide towing services.
RECOMMENDATION:
Staff recommends approval of contracts.
BACKGROUND:
The Police Department utilizes private tow companies to impound vehicles from law violators, remove
vehicles from accident scenes and abate vehicles that have been abandoned or are deemed a hazard to
the public. Council Resolution 040-02: A Resolution Setting Rates and Equipment Specifications for Tow
Truck Services Provided Pursuant to Contract with the City, establishes that the Police Department may
contract with no more than six (6) private tow companies for these services. Currently, the Police
Department has four (4) private tow companies on its tow list, all of which are dispatched to calls on a
rotational basis. In order to make this rotation more efficient the Police Department desires to contract
with two (2) additional private tow companies, Louie's Towing and Golden Empire towing, which will bring
the total tow companies available for dispatch by the Police department to six (6). These tow companies
meet or exceed the aforementioned equipment specifications and have been safety inspected by the
Police Department.
December 7, 2004, 3:17PM
P:/RPT/Admin/Towing Contracts
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 8, 2004
Earthmoving, Hauling and Equipment Rental:
~p~PROVED
DEPARTMENT HEAD.
CITY ATTORNEY ~
CITY MANAGER ~
Amendment No. 3 to Agreement No. 03-156 with Gilliam & Sons, Inc. ($300,000
increase, for a revised not to exceed compensation amount of $1,070,000) for
earthmoving and hauling services.
2. Appropriate $300,000 Solid Waste Fund Balance to the Public Works Operating
Budget.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: On June 11, 2003, the City Council approved the annual contract for earthmoving,
hauling, and equipment rental for $320,000. On March 24, 2004, the City Council approved Amendment
#1 to this Agreement for emergency levee repairs required at Wastewater Treatment Plant 2 effluent
storage reservoir, increasing the compensation by $200,000. This Amendment revised the not to exceed
compensation amount to $520,000.
On May 12, 2004 the City Council approved Amendment #2 to this Agreement for additional heavy
equipment rental not to exceed $770,000. This amount was estimated based on certain expectations of
timing with regards to the purchase of new equipment. Unfortunately, further delays have occurred as a
result of the U.S. military need for heavy equipment tires. Therefore, it has been necessary to rent
equipment longer than originally estimated. Staff recommends approval of a $300,000 increase to the
current agreement to continue operations.
The original agreement provided for a one year extension with no increases in unit pricing. The
agreement was extended to June 13, 2005, but additional funds were not added to the contract. This
administrative report increases the compensation clause.
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent
ITEM: ~, ,.~.
TQ
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 24, 2004
/,/~OVED
DEPARTMENT HE~____~,.~,//
CITY ATTORNey/
MANAGER
Agreement for preparation of an Environmental Impact Report for General Plan
Amendment/Zone Change No. 04-1012 (McCutchen 110 LLC). (Ward None)
Agreement between McCutchen 110 LLC and the City of Bakersfield for the preparation of
an Environmental Impact Report (EIR) and appropriate $103,782.00, the developer's
contribution to the Development Services operating budget in the general fund.
Agreement between RBF Consulting and the City of Bakersfield for $103,782.00 to prepare
an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 04-
1012.
RECOMMENDATION:
Approve agreements and appropriation.
BACKGROUND:
McCutchen 110 LLC is proposing a residential project in southwest Bakersfield.
APPLICANT - CITY AGREEMENT
This agreement acknowledges that McCutchen 110 LLC will pay for all costs associated with the
preparation and completion of the EIR. The total cost of the EIR is $134,882.00 which consists of
$103,782.00 for consulting ~ervices and $31,i00.00 to reimburse the city for its costs.
CONSULTANT - CITY AGREEMENT
This agreement sets forth the scope of services for the preparation' of an EIR for General Plan
Amendment/Zone Change 04-1012 (McCutchen 110).
PROJECT DESCRIPTION
The project is an amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan and a concurrent zone change. The project covers 110 acres located in two separate
ADMINISTRATIVE REPORT Page 2
parcels. The first parcel is 30 acres in size and located at the northwest corner of McCutchen
Road and Sunset Road. The second parcel is 80 acres in size and located on the southeast
corner of McCutchen Road and Sunset Road.
The applicant is requesting a general plan amendment to LR (Low Density Residential) and a
concurrent zone change to R-1 (One Family Dwelling). This entire area is seeing significant
interest in development, is inside the Sphere of Influence and is easily served by urban services.
MG
Admin\12-15-1012agree
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
November 23, 2004
//.~.~,ROVE D
DEPARTMENT H/E'AD ~ ,
CITY MANAGER
SUBJECT:
Agreements to Indemnify LAFCO for City Annexation No. 454, Proceeding No. 1396
uninhabited territory located west of Jewetta Avenue, north of Brimhall Road, Annexation
No. 457, Proceeding No. 1394 uninhabited territory located between Reina Road and
Kratzmeyer Road, west of Allen Road, Annexation 463, Proceeding No. 1395 uninhabited
territory located south of McCutchen Road between Ashe Road and Stine Road,
Annexation 464, Proceeding No. 1396 uninhabited territory located south of McKee Road
generally between Wible Road and State Highway 99, and Annexation 465, Proceeding No.
1393 uninhabited territory located west of Calloway Drive north of Snow Road. (VVards 4, 6
and 7).
RECOMMENDATION:
Staff recommends adoption of agreements.
BACKGROUND:
The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a
condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the
annexation areas. The agreement provides that if LAFCO is sued for approving the City's
application for annexation, the city will bear the burden of defense. The property owners of the
annexation areas have all consented to annex their properties to the city.
The annexation areas consist of approximately 5 acres for Annexation 454, 80 acres for
Annexation 457, 77 acres for Annexation 463, 40 acres for Annexation 464 and 80 acres for
Annexation 465. The annexations are all uninhabited.
The property owners of each of the areas wish to annex their property to the City and receive city
services upon development.
MO
Admin\12-15-454agree
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bill Rector, Chief of Police
December 7, 2004
DEPARTMENT HEAD~j~VED
CITY ATTORNEY ~ ~.-..-
CITY MANAGER ~
Agreement with the County of Kern regarding Jail Booking Fees for $913,787.00.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Booking fees paid by the City to the County have been established by state law. Counties may choose to
enter into agreements for a fixed amount to be paid for booking prisoners. The City has had such
agreements with the County in the past. This has been preferable to a per booking charge as costs are
more predictable and can be planned for, it tends to eliminate any disincentives to booking prisoners due
to cost considerations, and multi-year agreements can be entered into. The City just concluded a five year
agreement with the County for booking fees which ended on June 30, 2004.
As part of the State FY 2004-2005 budget deliberations, SB 1102 provided that no county shall assess a
higher booking fee than was in place on January 1, 2004. Therefore, the County of Kern has proposed
that a one year agreement for the same amount charged to the City in FY 2003-04 be entered into for FY
2004-05. The amount of the one year agreement is for a flat fee of $913,787.00. The County has
suggested a one year term for the agreement since SBl102 only addresses the FY 04-05 payment and
the booking fee subvention by the state is to be eliminated next fiscal year.
The amount required for this agreement has been included in the FY 2004-05 budget. It was anticipated
that we would not receive booking fee reimbursement from the State. However, SB 1102 also provided
the same level of reimbursement for FY 2004-05 as received by the City for FY 2003-04 of $714,431.00.
The proposed agreement provides that the City may terminate the agreement with a 30-day notice and
allows for payment adjustments should state law change regarding booking fees. The agreement also
provides for reimbursement to the City of booking costs that are ordered by the court to be recovered from
convicted arrestees. The County Board of Supervisors approved the agreement on December 7, 2004.
Staff from the Police Department and the City Managers office have reviewed the proposed agreement
and recommend approval.
(JWS)
November 16, 2004, 3:35PM
C:\DOCUME-l\dbranson\LOCALS~l~Temp\Booking Fee Admin 2004.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
ITEM: ~. ~.
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen DEPARTMENT HEAD ~
Director of Recreation and Parks
December 1, 2004 CITY ATTORNEY ~//~'
CITY MANAGER ~
DATE:
SUBJECT:
Park at South Oswell Street and Redbank Road. 0Nard 1)
1. Agreement with ADH Corporation for $111,600 for Acquisition of Park Land for South
Oswell Park.
2. Appropriate $111,600 Park Improvement Fund Balance.
RECOMMENDATION:
appropriation.
Staff recommends approval of the agreement and authorization of the
BACKGROUND: On November 4, 2004, the Planning Commission approved Tract No. 6297 located on
the north side of Redbank Road between South Oswell Street and Sterling Road. ADH Corporation is
required to dedicate 2.48 acres of park property at the northeast corner of South Oswell Street and
Redbank Road. Combining this park land with 5 acres of adjacent park property will produce a total park
site of almost 71/2 acres.
The acquisition agreement specifies that, upon close of escrow, a sum of $111,600 ($45,000 per acre) be
paid to ADH Corporation from the Central Zone to purchase the 2.48 net acres of reserved land. Funds
for this purchase are available from park in-lieu fees collected from tracts within the Central Zone.
December 7, 2004, 1;55PM
C:\Documents and Settings~alawrenc\Local Settings\Temp\SouthOswelladmindoc.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 1, 2004
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM:
APPR,~D
DEPARTMENT HE.aD ~/~.~_
CITY ATrORNEY _
c,TY, .^OER _ 1 75
Design Services Agreement with Dokken Engineering, ($568,700) for design of the new Allen
Road Bddge over the Kern River. (Ward 4)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: Due to background growth that is consistent with the City's approved General Plan
land uses, a need for completion of Allen Road has been identified by the City. The primary objective of the
project is to construct a six lane, all-weather bddge over the Kern River, from approximately 1,100 feet north of
Ming Avenue to approximately 1,700 feet south of Stockdale Highway. The proposed bddge structure cross
section is consistent with the Metropolitan Bakersfield General Plan Circulation Element for an artedal roadway
classification. The Environmental Impact Report (EIR) for this project was approved by the City Council at the
September 8, 2004, City Council meeting.
In September 2004, staff began the Qualification Based Selection (QBS) process to select a design consultant to
prepare construction documents for the Allen Road Bridge. A Request for Qualifications (RFQ) was sent out to
interested firms. On October 14, 2004, the City received sixteen (16) responses that were then reviewed by a
Selection Committee of senior Public Works staff. The Selection Committee determined that six (6) firms should
be invited to interview with the Selection Committee. The interview consists of making a presentation on
performing the work of the project and also submitting a fee proposal to do the work. The firms invited to
interview are: W. Koo & Associates; Parsons, Brinckerhoff (PBQD); T.Y. Lin International; RBF Consultants;
DMJM+Hards; and Dokken Engineering.
The interviews of the six firms were conducted on November 17, 2004. The Selection Committee rated and
ranked each of the six firms. The Selection Committee then also reviewed the cost proposals that were
submitted by the firms. The Selection Committee found the firm of Dokken Engineering, to have the combination
of high qualifications and reasonable fee proposal, which is most favorable for the City. Therefore, the Selection
Committee recommends that the City enter into a contract with Dokken Engineering for design services for the
Allen Road Bddge Project.
REB - PW/Engineering
G:\GROUPDAT~ADMINRP~\I 2-15\Dokken Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: q.
r
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
November 29, 2004
CITY ATTORNEY
CITY MANAGER
Amendment No. I to Agreement No. CA04-040 with outside counsel, Clifford & Brown for
legal services in the matters of Robert Pratt v. City of Bakersfield, et al, Kern County
Superior Court Case No. S-1500-CV-253264, RJA and Rochelle Scudder v. City of
Bakersfield, et al, Kern County Superior Court Case No. S-1500-CV-253265, RJA, in the
amount of $50,000, with a total contract amount not to exceed $75,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
The City has acquired the services of the firm of Clifford & Brown as outside counsel on the above-
entitled complex cases. Discovery for both cases have been consolidated in an effort to reduce costs and
legal fees. However, additional funds are required for outside counsel to continue these cases.
This Amendment No. 1 to Agreement No. CA04-040 would add $50,000 to the Not to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $75,000.
GG:dll
November 29, 2004, 1:44PM
IMEETING DATE: December 15, 2004
ADMINISTRATIVE REPORT
IAGENDA SECTION: Consent Calendar
ITEM: q, [I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 19, 2004
APPROVED
DEPARTMENT HEAD /~_
CITY A'I-FORNEY ~
CITY MANAGER ~
Accept bid and award contract to Loop Electric ($29,361) for Stockdale Highway street light
installation from McDonald Way to Stine Road. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: PG&E has a project to underground their facilities on the north side of Stockdale
Highway from Montclair to Stine Canal. Currently the street lights on Stockdale Highway from
McDonald Way to Stine Road are mounted on the utility poles which will be removed with PG&E's
project. This project will replace the street lights which are to be removed by PG&E. The project is
funded entirely with Transportation Development Funds. These new street lights are part of the
City's Capital Improvement Program Project to narrow the existing median and stripe three lanes in
each direction on Stockdale Highway between Village Lane and Oak Street.
On November 17, 2004 three acceptable bids were received as follows:
Loop Electric
7040 Downing Avenue
Bakersfield, CA 93308 (County)
in the amount of
$29,361.00
A-C Electric Company
315 30~h Street
Bakersfield, CA 93301 (City)
in the amount of
$34,440.00
Macadee Electrical Construction
14771 Cherry Circle
Chino Hills, CA 91709 (Out of town)
in the amount of
$40,880.00
LS/PW Engr
Nove~3Y~' 29, 2004, 11:4~AM
G:~GROUPDAT~ADMINRPT~'OO4',12.15~,to~Adale Highway street lights, doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION Consent Calendar
ITEM: I~, ~¢)5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 2, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEYv,/~Z~'
c TY MA.AGER
Accept bid and award contract to Loop Electric for $124,960 for Brundage
Streetlighting Project 0Nard 1)
Lane
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: This project will improve pedestrian lighting along Brundage Lane, between Chester
Lane and Union Avenue, and along Union Avenue, between Belle Terrace and State Route 58. A total of
17 street lights wilt be installed. This improvement supplements the recent installation of sidewalks
throughout the Brundage Lane portion of this project. This project will be funded by CDBG funds.
On November 23, 2004, two acceptable bids were received as follows:
Loop Electric
7040 Downing Ave
Bakersfield, Ca 93308 (County)
A-C Electric Co.
315 30Ih Street
Bakersfield, Ca 93303 (City)
in the amount of
in the amount of
$124,960.00
$149,692.15
Jb\engr pw
December 2, 2004, 2:06PM
G:\GROUPDAT~ADMINRPT~2004\12-15\Brundage Lane Streetlights.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~, I~r~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 2, 2004
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bid to award annual contract to Loop Electric, not to exceed $40,000.00, for vehicle
loop cutting service at various intersections within the City.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract is used by the Traffic division of Public Works when work is required on
some areas of City streets. Invitations to bid were sent to four (4) contractors and advertised in the
newspaper. One (1) bid, from the current contract holder, was received with no increase in price.
Purchasing Division
DW:pjd
P:~ADMIN~2004 ADMIN\C04_1215_A_Vehicle Loop Cutting.doc
December 2, 2004, 10:14AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~, 00.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director DEPARTMENT HEAD,~PR
December 7, 2004 CITY ATTORNEY
c TY MAN^GER
Culvert Reconstruction - South ."P" Street at Kern Island Canal - Central Branch (Ward 1):
1. Award Independent Contractor's Agreement to StructureCast, Inc. ($90,000) to
manufacture a precast culvert.
2. Accept bid to award contract to Granite Construction Company ($215,015.00) to
reconstruct the canal culvert.
3. Appropriate $55,000 Gas Tax Fund Balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends award of Agreement, acceptance of Iow bid and award of
contract, and approval of appropriation.
BACKGROUND: In November 2003 this culvert was inspected and determined to be unsafe. Immediate
repairs were made by bridging the deteriorated corrugated metal pipe with reinforced concrete.
A CIP project was created to replace the corrugated metal pipe culvert with a reinforced portland cement
concrete box culvert. In order to construct this project within the window of opportunity provided by Kern
Delta Water District, staff determined it was necessary to have the culvert manufactured by precast
method.
This project consists of replacing an existing corrugated metal pipe culvert with a precast reinforced
concrete box culvert complete with its appurtenances, at the Kern Island Canal crossing at South "P"
Street.
On November 15, 2004, two (2) acceptable bids to manufacture the precast culvert were received as
follows:
StructureCast Inc.
8261 McCutchen Road
Bakersfield, CA 93311
Code Precast Products
P. O. Box 879
(County) In the amount of $90,000,00
December 7, 2004, 1:42PM
G:\GROUPDAT~ADMlNRPT'~2004\12.15\Canal Culvert Rec South P at KiC,doc
ADMINISTRATIVE REPORT
Shafter, CA 93263 (Out of town) In the amount of $177,450.00
On December 7, 2004, five (5) acceptable bids to reconstruct the canal culvert were received as follows:
Granite Construction Company
James Road
Bakersfield, CA 93308 (County)
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (County)
Nicholas Construction
1975 Airport Drive
Bakersfield, CA 93308 (County)
HPS Mechanical
3100 E. Bell Terrace
Bakersfield, CA 93307 (County)
Becka Construction, Inc.
5400 Rosedale Highway, Suite B-7
Bakersfield, CA 93308 (County)
In the amount of $215,015.O0
In the amount of
In the amount of
In the amount of
In the amount of
$261,261.O0
$267,943.00
$295,580.00
$457,278.00
cmw
December 7, 2004. 1:42PM
G:\GROUPDAT~ADMINRPT~2004~12.15\Canal Culvert Rec South P at KIC.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Consent Calendar
TEM:
TO: Honorable Mayor and City Council _APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD_
DATE: December 2, 2004 CITY ATTORNEY ,,,~,~'""
CITY MANAGER
SUBJECT: Accept Base Bid and award contract to Black/Hall Construction ($504,235.00) for
construction of the Animal Care Facility located at 175 So. Mount Vernon Ave. 0Nard 1)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The City of Bakersfield has entered into a long term joint animal care services
agreement with the County of Kern. As part of that agreement, the City agreed to build an animal care
facility to shelter animals which come into the City's keeping. The agreement calls for 44 dog kennels and
no less than 300 square feet to house cages for impounded cats. The facility will provide heating, cooling
and a utility sink with hot and cold water. The City will own the City-constructed facility which will be
located adjacent to the County Shelter. A requirement of the agreement is that the final completion and
occupancy of the facility shall be on or about July 1, 2005.
The Base Bid for this project consists of constructing a turn key animal care facility complete with interior
and exterior dog kennels. Additive Alternate No. 1 consists of constructing all site improvements such as
irrigation, landscaping, sidewalks, curbs, gutters, signs and parking lot; this work will be completed by City
forces.
On November 17, 2004, the City received four acceptable bids as follows:
Black/Hall Construction
147 Kern Street
Taft, CA 93268
(Out of Town)
Base Bid
Additive Alternate No. 1
Total
$504,235.00
$85,233.00
$589,468.00
SC Anderson, Inc.
2160 Mars Court
Bakersfield, CA 93308
Base Bid $565,000.00
Additive Alternate No. 1 $74,000.00
(City) Total $639,000.00
Brown & Fowler Construction
3008 Antonino Avenue
Bakersfield, CA 93308 (City)
Base Bid
Additive Alternate No. 1
Total
$575,534.00
$6O,72O.OO
$636,254.OO
LADCO Construction, Inc.
5630 District Blvd. #116
Bakersfield, CA 93313 (City)
Base Bid
Additive Alternate No. 1
Total
$599,000.00
$83,877.00
$682,877.00
December 2, 2004, 11:14AM
G:\GROUPDAT~ADMINRPT~2.004\12.15~Animal Care Facility doc
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 3, 2004
AGENDA SECTION: Consent Calendar
ITEM: 0~. etch.
APPROVED
DEPARTMENTHEAD.,.~~-C-J~.
CITY ATTORNEY .~-~"~-
c,TY
SUBJECT:
Accept bids from Jim Burke Ford $347,668.76, Coalinga Motors, Incorporated, $49,469.07,
and Lasher Dodge, $16,493.98, for twenty-eight (28) replacement pickup trucks.
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were sent to twenty-two (22) vendors. Five (5) acceptable bids were
received. Staff recommends award as follows:
Jim Burke Ford twenty-four (24) pickups - Recreation & Parks (10), Engineering Construction (5),
Development Services (4), Solid Waste (3), Ag Water (1) and General Services (1).
Coaling Motors, Incorporated three (3) pickups for Streets Division.
Lasher Dodge one (1) pickup for the Police Department.
See attached for detail.
Purchasing Division
DW:Ijm
P:~ADMIN~004 ADMIN~C04_1215_B_Pickup Trucks.doc
December 3, 2004, 8:41AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
November 23, 2004
CITY MANAGER
Department of Homeland Security, Office for Domestic Preparedness Grant:
1. Accept $14,000 grant for purchase of EMS permanent jackets
2. Appropriate $14,000 Federal Grant Revenue to the Fire Department General Fund
Operating Budget.
RECOMMENDATION:
Staff recommends approval of the grant and appropriation.
BACKGROUND:
The Fire Department applied for a Federal Grant for infection control suits (EMS jackets). The Federal
government will pay $14,000; the City must match this amount with $6,000. The Fire Department has the
$6,000 in the "uniforms" account, therefore we are not asking to appropriate the City matching portion.
The jackets to be purchased are Ricochet Vantage II jackets, NFPA 1999 compliant. Currently we do not
meet the minimum requirements for firefighter protection against blood-borne pathogens using our
disposable EMS jackets. We need 165 jackets. We will purchase approximately 90 jackets with this
grant, including the City match. The remainder of the jackets (approximately 75) will be purchased in the
next budget cycle (05-06).
December 1,2004, 4:59PM
S:\SUSAN~Admin Report Word,EMS ricochet jackets.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 3, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
November 22, 2004
DEPAR,MENT,EAD /. ,OVED
CITY ATTORNEY¢~.~'
CITY MANAGER _(~j .'.~
Accept a $3,250 grant donation from WaI-Mad; and appropriate the $3,250 contribution to
the police department operating budget in the general fund, for purchase of an LCD
projector and miscellaneous equipment for the Child Safety Program.
RECOMMENDATION:
Staff recommends acceptance of grant money donation for the Bakersfield Police Department.
BACKGROUND:
Crime Prevention Supervisor, Karen Bennett, was contacted by Wal-Mart representatives who advised
that the Police Department Crime Prevention Unit had been selected to receive a combined donation of
$3,250 from a "Safe Neighborhood Heroes Grant." The combined donation is from the Rosedale store in
the amount of $2,500 and the White Lane store in the amount of $750. The grant money will be used to
purchase an LCD projector and miscellaneous equipment for the Child Safety Program. This is a one time
grant donation.
November 30, 2004, 4:36PM
P:\RPT\Admins\WaI-Mart Safe Neighborhood Grant Money Donation.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 15,2004 I AGENDA SECTION: Consent Calendar
I
ITEM: 0{.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: December 2, 2004
SUBJECT:
APPROVED
DEPARTMENT HEAD
GENERAL COUNSEL
EXECUTIVE DIRECTOR
Southeast Fire Station Development
1) Appropriate- $102,000 Fund Balance to the Southeast Redevelopment Project Area,
Capital Improvement Budget for the acquisition of property located at 102 E. White Lane -
Future site of Fire Station No. 5. 0NARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Southeast Fire Station is a key development and is included as one of the highest priorities for
development in the Southeast Redevelopment Plan. The development of this station will provide the
necessary fire services to better serve the community and to serve future Southeast residential
development.
The property being purchased is located approximately 1000 feet east of Union Avenue of the north side
of White Lane (see attached map). Its' salient characteristics are: zoned M-l; unimproved, formedy used
for grazing; approximately 2.62 acres gross, 2.00 acres net (the difference being a canal easement and
future street dedication). The sellers are willing to sell this property to RDA at the current appraised value
of $100,000, if the escrow can close on or before December 31, 2004. The appraisal was prepared by
George Green, MAI and Randall Franz, MAI of Kern Appraisal Company.
City controlled federal CDBG Funds have been previously earmarked in the current years allocation for
this acquisition cost, however, these funds can not be released by HUD in time for the City to meet the
escrow closing deadline required by the owner. It is still planned to use these City's CDBG funds to pay
for the cost of the land required for the fire station. To accomplish this, the Redevelopment Agency will
later sell the land to the City and be reimbursed all of the costs associated with this acquisition when it
sells the property to the City in early 2005.
A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services
Division of the Bakersfield Fire Department. Also, on October 21, 2004, the Planning Commission found
the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan.
The Bakersfield Redevelopment Agency approved the Purchase Agreement at their December 13, 2004
meeting.
S:~,dmins\City Counc,l~FS5 approp admin.doc
12J2/2004 9:40 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004 AGENDA SECTION: Consent Calendar
ITEM: 0t,
TO:
FROM:
DATE:
SUBJECT:
\/
Honorable Mayor and City Council A~.~ APPROVED
Carroll Hayden, Human Resources Manager"'I~\'DEPARTMENT HEAD ~
November 29, 2004 CITY ATTORNEY .~'~/
CITY MANAGER
Employee Sick Leave Restoration
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
A former Wastewater Division employee (Derrill Whitten) was placed on the reinstatement list for Utilities
Manager by the Miscellaneous Civil Service Board at their November 16, 2004 meeting. He was hired by
the Public Works Department on November 17, 2004 after an absence of twelve (12) working days. Per
Municipal Code Section 2.84.590, an employee may apply to the City Council for restoring accumulated
sick leave earned prior to separation, provided the break in City service does not exceed thirty (30)
working days. The accumulated sick leave balance to be restored is 231.996 hours.
(jm)
Created on 11129/2004 3:33 PMS:~ADMINRPT~Whitten Sic~ Leave Restoration.dot
S:~ADMINRP'I'~Whitten Sick Leave Restoration.dot
MEETING DATE: December 15, 2004
ADMINISTRATIVE REPORT
ECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 6, 2004
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER..
APPROVED
A Resolution authorizing the City Council to impose the California Vehicle
Code to private roads in Mobile Home Parks and Manufactured Housing
Communities.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Smoke Tree Mobile Estates and Smoke Tree RV Park owners, through the City Council, have
requested the City adopt a resolution allowing the California Vehicle Code to be applied to mobile home
parks under California Vehicle Code Section 21107.9. State law allows the application of California
Vehicle Code regulations, including speed regulations, on private streets owned by mobile home parks or
associations or manufactured housing communities, if properly requested by the owners of these facilities,
and adopted in a resolution passed by the City Council.
After a public hearing and passing the resolution by the City Council and proper posting by the
owners of the facilities, the Vehicle Code may be enforced within the confines of the mobile home or
manufactured housing facility. The purpose is to increase public safety within these facilities by preventing
speeding or other dangerous activities associated with vehicles.
ADD:dll
D~ccrnber 6. 2004 - 3:58 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
APPROVED
December 6, 2004 CITY ATTORNEY ~.j
CITY MANAGER ~
Public hearing on Resolution of Necessity to determine whether the public interest and
necessity require acquisition by eminent domain of 40+ acres located approximately ¼ mile
east of Heath Road, ~ mile west of Renfrow Road on the north side of Stockdale Highway,
Bakersfield, California (Ritter property), for the Westside Parkway and West Beltway
Interchange project (Code Civ. Proc. § 1245.230) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of
Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that
certain "pre-condemnation" requirements be met.
Each of these requirements has been met and is set forth in the Resolution.
Prior to adopting the Resolution, Code of Civil Procedure section 1245.235 requires that the City
Council give each person whose property is to be acquired by eminent domain a reasonable
opportunity to appear and be heard on the following:
1. Whether the public interest and necessity require the project;
2. Whether the project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project; and
4. Whether the offers required by Government Code section 7267.2 have been made to the
owner(s) of the subject property.
December 6, 2004, 3:31PM
ADMINISTRATIVE REPORT
Required notice was provided to the properly owner(s) as set forth in the Resolution.
The property is to be acquired in order to develop and construct the Westside Parkway and West
Beltway Interchange. The City of Bakersfield is authorized to acquire the property by eminent domain
pursuant to Section 1240.010 of the Code of Civil Procedure.
City staff has been negotiating with the property owner(s) for the better part of a year. During that
time, the property owner(s) said, on several occasions, they would be providing a written response to
the City's offer that would provide credible basis for an alternate value. To date, the only
correspondence we have received was that they would accept an amount that was twice the appraised
value. The City will continue to negotiate with the property owner(s) in hopes that we can reach a
mutually acceptable agreement.
In order for the property owner(s) to appear before the Council, they must have filed a written request
to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code Civ. Proc.
§1245.235(a)(b)(3).) Failure to file a written request results in the waiver of the right to appear and be
heard.
The City Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present). (Code Civ. Proc. §1245.240.) If the City
Council adopts the Resolution of Necessity, an action will be filed with the Kern County Superior Court.
The City will deposit the amount of the last offer with the court thereby establishing a date of value.
VG~AMS:Isc
December 7, 2004, 8:21AM
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2004
AGENDA SECTION: Hearings
ITEM: ~l,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 7, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Public hearing on Resolution of Necessity to determine whether the public interest and
necessity require acquisition by eminent domain of property located at 5455 - 5601-A
Rosedale Highway, Bakersfield, California (Mangus property), for the Westside Parkway
and West Beltway Interchange project (Code Civ. Proc. § 1245.230) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of
Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that
certain "pre-condemnation" requirements be met.
Each of these requirements has been met and is set forth in the Resolution.
Prior to adopting the Resolution, Code of Civil Procedure section 1245.235 requires that the City
Council give each person whose property is to be acquired by eminent domain a reasonable
opportunity to appear and be heard on the following:
1. Whether the public interest and necessity require the project;
Whether the project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project; and
Whether the offers required by Government Code section 7267.2 have been made to the
owner(s) of the subject property.
Required notice was provided to the properly owner(s) as set forth in the Resolution.
December 7, 2004, 8:27AM
ADMINISTRATIVE REPORT
The property is to be acquired in order to develop and construct the Westside Parkway and West
Beltway Interchange. The City of Bakersfield is authorized to acquire the property by eminent domain
pursuant to Section 1240.010 of the Code of Civil Procedure.
City staff has been negotiating with the property owner(s) for the better part of a year. During that
time, the property owner(s) said, on several occasions, they would be providing a written response to
the City's offer that would provide credible basis for an alternate value. To date, we have not received
anything. The City will continue to negotiate with the property owner(s) in hopes that we can reach a
mutually acceptable agreement.
In order for the property owner(s) to appear before the Council, they must have filed a written request
to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code Civ. Proc.
§1245.235(a)(b)(3).) Failure to file a written request results in the waiver of the dght to appear and be
heard.
The City Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present). (Code Civ. Proc. §1245.240.) If the City
Council adopts the Resolution of Necessity, an action will be filed with the Kern County Superior Court.
The City will deposit the amount of the last offer with the court thereby establishing a date of value.
VG~AMS:Isc
December 7, 2004, 8:27AM
ADMINISTRATIVE REPORT
M~-~- I lNG DATE: December 15, 2004
AGENDA SECTION: New Business
ITEM: [~, 0,,,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cle~__-) DEPARTMENT HEAD ~
DATE: December 3, 2004 CITY ATTORNEY - -
CITY MANAGER
SUBJECT:
Election of Vice-Mayor
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
Following a Council election, and in accordance with City Charter, Council shall elect one of its members
Vice-Mayor at the first meeting the new Council takes office.
At the next regularly scheduled City Council meeting on January 12, 2005, and in accordance with Section
2.02.020 of the Municipal Code, the newly elected Vice-Mayor shall make appointments to all committees.
The following is a list of current standing, ad hoc committees and other Special Board appointees, to be
filled on that date:
Standin Committees:
Budget and Finance
Legislative and Litigation
Planning and Development
Community Services
Personnel
Water Resources
Intergovernmental Relations
.Other Vice-Mayor Appointments:
Kern Council of Governments
Kern Economic Development
Kern County Museum Authority
Solid Waste Management Advisory
Planning Commission Liaison
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
NOVEMBER 17, 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 (seated at 5:20), Benham, Maggard, Hanson,
Sullivan (seated at 6:15), Salvaggio
Absent: None
2. REPORTS/WORKSHOP
None.
3. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Two (2) cases:
1. Mary E. Bosse v. City of Bakersfield, et al., Kern
County Superior Court, Case No. S-1500-CV-
252209RJA
North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al., Tulare Supedor Court
Case No. 96-172919
Public Employee Performance Evaluation - City Attorney;
Closed Session pursuant to Government Code Section
54957(b)(1 ).
Motion by Vice-Mayor Couch to adjourn to Closed Session at
5:20 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:29 p.m.
APPROVED
APPROVED
Bakersfield, California November 17, 2004 - Page 2
RECONVENED MEETING - 6:30 p.m.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: None.
INVOCATION by Pastor Troy Mords, New Beginnings Christian
Church.
PLEDGE OF ALLEGIANCE by P. J. Atchison, 8th Grade Student at St.
Francis School.
Mayor Hall announced item 12.c. has been removed from
the agenda.
CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Two (2) cases:
Mary E. Bosse v. City of Bakersfield, et al., Kern
County Superior Court, Case No. S-1500-CV-
252209RJA
ACTION TAKEN
NO REPORTABLE
ACTION
NO
North Kern Water Storage District, et al v. Kern Delta REPORTABLE
Water Storage District, et al., Tulare Superior Court ACTION
Case No. 96-172919
Public Employee Performance Evaluation - City Attorney;
Closed Session pursuant to Government Code Section
54957(b)(1 ).
PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mike Duncan,
NASCAR Grand National West Series Champion, proclaiming
November 17, 2004, as "Mike Duncan Day".
THE
EXCEPTIONAL
EVALUATION OF
THE CITY
ATTORNEY HAS
CONCLUDED
10.
Bakersfield, California November 17, 2004 - Page 3
PRESENTATIONS continued
Presentation by Rhonda Smiley, Office Administrator/Public
Relations to department winners of the 2004 Excellence in
Action Awards and the Extra Mile Award in recognition of
outstanding service to the City of Bakersfield. Recipients are
Jeff Colliti, Information Technology, Dave Dow, Development
Services, George Gonzalez, EDCD, Connie Walls, Finance,
Captain Dan Haning and Battalion Chief Matt Moore, Fire,
Officer James James and Irma Lewis, Police, Wen-Shi
Cheung, Wastewater, Gary Weaver, Construction, Frank
Hernandez (Extra Mile Award winner), Streets, Sandra
Forsythe and Pedro Mancia, Recreation and Parks and Steve
Choate, Water.
City Manager Tandy congratulated Stan Grady on his
selection to secede retiring Development Service Director
Hardisty.
City Manager Tandy made a presentation to Councilmember
Salvaggio.
PUBLIC STATEMENTS
Aaron Dolgin spoke regarding property purportedly damaged
at Silver Creek Park.
Councilmember Benham and Vice-Mayor Couch requested staff
contact Aaron's parents and resolve the problem.
Milt Younger spoke regarding the Bakersfield Symphony and
provided written material.
CONSENT CALENDAR
Minutes:
Approval of minutes of the November 3, 2004 Council
Meeting.
Payments:
Approval of department payments from October 22, 2004 to
November 3, 2004 in the amount of $3,630,482.68 and self
insurance payments from October 22, 2004 to November 3,
2004 in the amount of $110,158.81.
ACTION TAKEN
10.
Bakersfield, California November 17, 2004 - Page 4
CONSENT CALENDAR continued
Ordinances:
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 124-30 from R-1 (One Family Dwelling) to PUD (Planned
Unit Development) on approximately 20 acres located along
the north side of Hosking Road approximately 500 feet east
of Monitor Street. (GPA/ZC 04-0876)
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 123-35 from A (Agriculture) to C-2 (Regional Commercial)
on 15 acres located at the southeast corner of McKee Road
and Stine Road. (GPA/ZC 04-0879)
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 123-22 changing the zoning district from R-3 (Limited
Multiple-Family Dwelling) on 11.86 acres and from C-2
(Regional Commercial) to R-2 (Limited Multiple-Family
Dwelling) on 8.82 acres located along the northeast corner of
Ashe Road and Panama Lane. (GPA/ZC 03-1169)
Adoption of Ordinance upholding the appeal, approving the
Negative Declaration and eliminating Condition Nos. B. 1. and
B.2. of Exhibit C in Ordinance No. 4165 that required a
pedestrian bridge over the Kern River Canal and pedestrian
path from Loughton Avenue to Stockdale Highway. (GPNZC
04-O885)
Resolutions:
Resolution of Application proposing proceeding for annexation
of uninhabited territory to the City of Bakersfield property
identified as Annexation No. 467 located generally south of
State Route 178 (south of the Rio Bravo Development),
generally east of Comanche Drive.
Resolution determining that the wet play equipment for Dr.
Martin Luther King, Jr. Park and Planz Park cannot be
obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding
therefor, not to exceed $176,000.00.
Resolution ordering the summary vacation of a dedicated
deceleration lane along Wilson Road west of S. Real Road.
ACTION TAKEN
ORD 422'/
ORD 4222
ORD 4223
ORD 4224
RES 296-04
RES 297-04
RES 298-04
11.
Bakersfield, California November 17, 2004 - Page 5
CONSENT CALENDAR continued
j. McDonald Planned Sewer Area:
Resolution of Intention No. 1326 to establish the
McDonald Planned Sewer Area and preliminarily
approving the boundaries of the area and fee
schedule.
First Reading of Ordinance amending Section
16.32.060 of the Municipal Code relating to sewer
facilities.
Resolution of Intention No. 1350 to add territory, Area 2-27
(Ashe, N. Halfmoon NW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
the Public Works Director's Report.
I. Sewer Connection Fee Assessment for 4920 Elysium Street:
Resolution confirming assessment for sewer
connection fee and authorizing the collection of
assessment by the Kern County Tax Collector.
Agreement with Sharon Hightower, property owner, to
pay sewer connection fee in installments and notice of
special assessment lien.
Agreements:
m. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Stone
Creek Partners, Inc., for Tract 6227 located north of
McKee Road and east of Stine Road.
Final Map and Improvement Agreements with Stuart
Thomas Inc. dba Lenox Homes for Tract 6192 Unit 2
located south of Hosking Avenue and east of South H
Street.
Final Map and Improvement Agreements with McMillin
South San Lauren, LLC for Tract 6042 Unit 3 located
west of Mohawk Street and north of Gilmore Avenue.
Design Services Agreement with Meyer Civil Engineering,
Inc., ($193,100.00) for a project study of a new sewer trunk
line to Wastewater Treatment Plant #2.
ACTION TAKEN
ROI 1326
FR
ROI 1350
RES 299-04
AGR 04-325
AGR 04-326
AGR 04-327
AGR 04-328
AGR 04-329
AGR 04-330
AGR 04-331
AGR 04-332
10.
Bakersfield, California November 17, 2004 - Page 6
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 04-244 with Maximum
Engineering ($101,000.00 increase for a revised, not to
exceed compensation amount of $176,000.00) to extend term
of agreement by eight (8) months for continued contract
grinding services at the Mt. Vernon Wood Waste Recycling
Facility.
Preparation of Environmental Impact Report for General Plan
Amendment/Zone Change 03-1528 (Old River Ranch):
Agreement with Petrini Bakersfield Ventures, LLC
($132,250.00) for the preparation of an Environmental
Impact Report (EIR) and appropriation of$132,250.00
developers contribution to Development Services
Operating Budget in the general fund.
Agreement with Jones & Stokes ($132,250.00) to
prepare an Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change 03-1528 (Old
River Ranch).
Preparation of Environmental Impact Report for General Plan
Amendment/Zone Change 03-1188 and Vesting Tentative
Tract 6352 (Eagle Meadows):
Amendment No. 1 to Agreement No. 04-266 with
Eagle Meadows of Bakersfield 2, LLC, ($4,520.00 for
a total not to exceed $145,819.00) for the preparation
of an Environmental Impact Report (EIR) and
appropriate $4,520.00 developer's contribution to the
Development Services Operating Budget in the
general fund.
Amendment No. 1 to Agreement No. 04-267 with
Michael Brandman Associates ($4,520.00, for a total
not to exceed $113,219.00) to prepare an
Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change 03-1188 and Vesting
Tentative Tract 6352 (Eagle Meadows).
Agreement between the City of Bakersfield and the
Bakersfield Redevelopment Agency for the purchase price of
$135,000.00 for real property located at the northwest corner
of Kentucky and King Streets (Old Town-Kern Mixed Use
Project) for an amortized amount not to exceed $151,200.00.
ACTION TAKEN
AGR 04-244(1)
AGR 04-333
AGR 04-334
AGR 04-266(I)
AGR 04-267(I)
AGR 04-335
DEED 6169
10.
Bakersfield, California November 17, 2004 - Page 7
CONSENT CALENDAR continued
Bids:
S. Street Improvements:
Accept bid to award contract to Griffith Company
($377,577.00) for street improvements at the
intersections of Truxtun Avenue at Office Park Way,
Truxtun Avenue at Commercial Way, and Ming
Avenue at State Route 99 northbound on/off ramp.
Appropriate $140,000.00 Gas Tax Fund Balance to
the Capital Improvement Budget.
Accept bid to award contract to Loop Electric ($167,336.25)
for traffic signal and lighting system installations on 34~ Street
at Jewett Street and on W. Columbus Street at San Dimas
Street.
32 Acre Park north of Stockdale Highway at Buena Vista
Road:
Accept bid for building improvements contract (B.C.);
stage house, dressing rooms and restrooms and
award contract to S.C. Anderson, Inc ($2,795,000.00)
for the project.
Accept base bid for site improvements contract (S.C.),
additive alternate No. 1, additive alternate No. 2 and
additive alternate No. 3 and award contract to S. C.
Andemon, Inc. ($5,646,000.00) for the project.
Appropriate $1,050,000.00 park acquisition fund
balance (zone 1); $450,000 additional park
development fee revenue (zone 1 ); $600,000.00 park
development fund balance (zone 1) within the Park
Development Fund.
Appropriate and transfer $2,250,000,00 inter-fund
loan from the Equipment Management Fund to the
Park Development Fund, to be repaid with future park
acquisition and development funds from Zone 1.
Extend bid from Three Way Chevrolet ($34,490.97) for one
(1) replacement utility vehicle for the Fire Department.
Extend bid from Jim Burke Ford ($159,051.34) for seven (7)
additional Police Special Sedans.
ACTION TAKEN
AGR 04-336
AGR 04-337
REMOVED FOR
SEPARATE
CONSIDERATION
10,
Bakersfield, California November 17, 2004 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
Appropriate $20,000.00 Equipment Management Fund
Balance for copy machine replacement.
Appropriate $3,000.00 Transient Occupancy Tax Fund
Balance to the Non-Departmental Operating Budget for
appraisal services.
Appropriate $43,500.00 fund balance to the Downtown
Project Area - Operating Budget for payment to Kern County
Tax Collector (Administrative Fee) for the collection and
distribution of Tax Increment Revenues and related Pass
Throughs for the Downtown Project Area.
aa.
Appropriate $117,000.00 fund balance to the Redevelopment
Operating Budgets (Southeast $51,200; OTK $15,900.00;
Downtown $49,900.00) for the Bakemfield Redevelopment
Agency, Statewide share for Educational Revenue
Augmentation Fund (ERAF) FY 2004-05.
Motion by Vice-Mayor Couch to approve Consent Calendar items
lO.a. through lO. aa., with the removal of item lO.u. for separate
consideration.
32 Acre Park north of Stockdale Highway at Buena Vista
Road:
Accept bid for building improvements contract (B.C.);
stage house, dressing rooms and restrooms and
award contract to S.C. Anderson, Inc ($2,795,000.00)
for the project.
Accept base bid for site improvements contract (S.C.),
additive alternate No. 1, additive alternate No. 2 and
additive alternate No. 3 and award contract to S. C.
Anderson, Inc. ($5,646,000.00) for the project.
Appropriate $1,050,000.00 park acquisition fund
balance (zone 1); $450,000 additional park
development fee revenue (zone 1); $600,000.00 park
development fund balance (zone 1) within the Park
Development Fund.
ACTION TAKEN
APPROVED
AGR 04-338
A GR 04-339
10.
11.
Bakersfield, California November 17, 2004 - Page 9
CONSENT CALENDAR continued
Item 10.u. continued
Vice. Mayor Couch stated for the record:
No General Funds monies are being used the project.
Funding for the park is from development fees, State
grants and development impact fees.
Funding for park maintenance is in place from
developers that have completed projects and paid the
appropriate development fees.
Assessment District fees will support park maintenance.
Councilmember Benham requested staff explore further
landscaping and tree funding options, specifically a Proposition
12 Tree Planting Grant and an Urban Streams Grant; the
feasibility of partnering with the Tree Foundation of Kern/local
organizations and staff to contact Ms. Karcher of the Tree
Foundation to pursue the issue.
Motion by Vice-Mayor Couch to accept the bids.
CONSENT CALENDAR HEARINGS
General Plan Amendment/Specific Plan Line No. 04-1258;
The City of Bakersfield is proposing an amendment of the
circulation element and adoption of specific plan line to
facilitate realignment of Hughes Lane and construction of a
planned interchange at Hosking Avenue and Highway 99.
Resolution adopting the Negative Declaration and
approving the General Plan Amendment to amend the
Comprehensive Circulation Map of the Circulation
Element and approving the Specific Plan Line for the
realigned segment of Hughes Lane and planned right-
of-way for interchange at Hosking Avenue and
Highway 99.
Hearing opened at 7:37 p.m.
No one spoke
Hearing closed at 7:38 p.m.
Councilmember Salvaggio requested staff send a copy of the
administrative report and backup to the owner of Buck's
Landscaping.
ACTION TAKEN
APPROVED
ABS HANSON
RES 300-04
APPROVED
Motion by Vice-Mayor Couch to adopt the Resolution.
12.
Bakersfield, California November 17, 2004 - Page 10
HEARINGS
Hearing to consider appeal by William and Diane Hinkle of the
Board of Zoning Adjustment's denial of a zoning modification
(File No. 04-0969) to allow 30 foot tall netting and poles on
the rear and side property lines adjacent to a golf course
where 6 feet is the maximum height permitted within an R-1
(One Family Residential) at 9107 Elizabeth Grove Court.
Resolution upholding Board of Zoning Adjustment
decision denying the modification allowing 30 foot tall
netting and poles on the rear and side property lines
adjacent to a golf course.
Correspondence was received with four in support of the staff
Recommendation to deny the appeal and one in support of
allowing the variance.
Assistant Development Services Director Grady made staff
comments and made an overhead presentation.
Hearing Opened at 7:44 p.m.
Robert Gautney, Chuck Walker, William Hinkle, and William
Hinkle, Esq., representing William Hinkle, spoke in opposition
to the staff recommendation.
Mike Richey, Pam Tunnacliff, Michael Whittington, Esq.
attorney for the Northwoods Homeowners' Association,
Michael Abril, Esq., on behalf of Gary Pacheco, John Kirkaby,
Northwoods Homeowners' Association Board of Directors
member and Robert Hartsock spoke in favor of the staff
recommendation.
William Hinkle, Esq., spoke in rebuttal opposition to the staff
recommendation.
John Kirkaby, Northwoods Homeowners' Association Board
of Directors member, Kirk Helwig and Mike Richey spoke in
favor rebuttal of the staff recommendation.
Motion by Vice-Mayor Couch to uphold the Board of Zoning
Adjustment decision and adopt the Resolution denying the
appeal.
ACTION TAKEN
RES 301-04
APPROVED
Recess taken from 8:50 p.m. to 8:55 p.m.
12,
13.
Bakersfield, California November 17, 2004 - Page 11
HEARINGS continued
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.)
Hearing re-opened at 8:55 p.m.
Maudce Etchechury spoke m favor of the staff
recommendation.
Hearing closed at 8:57 p.m.
Motion by Sullivan to deny the appeal and adopt the Resolution.
Public Hearing to consider Resolution of Necessity to
determine whether the public interest and necessity require
acquisition by eminent domain of 40_+ acres located
approximately 1/4 mile east of Heath Road, ~ mile west of
Renfro Road on the north side of Stockdale Highway, for the
West side Parkway and West Beltway Interchange project
(Code Civ. Proc. § 1245.230).
City Clerk McCarthy announced item 12.c. was removed from
the agenda and hearing will be reset December 15, 2004.
DEFERRED BUSINESS
Adoption of Ordinance amending Section 8.44.030 of the
Municipal Code relating to Fireworks.
City Attorney Gennaro made staff comments.
Motion by Benham to adopt the Ordinance.
Amended motion by Vice-Mayor Couch to adopt the Ordinance
with the provision providing a minimum of seventy-five
allowable permits be issued until the population reaches that
maximum, then one permit per four thousand, or a portion
thereof, provides for more than seventy-five allowable permits.
ACTION TAKEN
RES30~04
APPROVED
DELETED
NAT
APPROVED
14.
Bakersfield, Califomia November 17, 2004 - Page 12
MAYOR AND COUNCIL STATEMENTS
Councilmember Hanson requested a schedule of times and
outline of tasks to be performed on maintenance districts in
Ward 5.
Councilmember Benham requested Plannin~l and Development
Committee immediately address the issue of enforcement of the
40% shade canopy requirement.
Councilmember Sullivan requested Alan Christensen contact her
regarding landscaping along a new block wall in Ward 6.
Councilmember Sullivan requested staff repair the roadway at
the intersection of Apple Tree and Pepper Tree streets.
Councilmember Sullivan requested staff abate graffiti on Harris
Rd., east of Ashe Rd. and in the neighborhood park.
Councilmember Sullivan requested staff promote the graffiti
removal website.
Councilmember Carson thanked staff for graffiti removal.
Councilmember Carson requested police provide more patrol in
the Dr. Martin Luther King Park during after school hours to
assure the safety of children crossing the park in route from
school
Councilmember Carson requested staff provide information on
City policy/procedure regarding sponsorship of non-profit
community events.
Councilmember Maggard stated he is looking forward to working with
Councilmember-elect Scrivner.
Councilmember Salvaggio acknowledged Zack Scrivner in the
audience, Councilmember-elect from Ward 7.
Councilmember Salvaggio congratulated Stan Grady on his
promotion to secede Development Services Director Jack Hardisty.
Councilmember Salvaggio thanked Public Works and Luis Peralez for
the wall closure on Garcia Ct,
Councilmember Salvaggio requested confirmation that the issue of
15 MPH speed limit signs for Smoke Tree Mobile Home Park is on
the December 15th agenda.
ACTION TAKEN
13.
15.
Bakersfield, California November 17, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS
Councilmember Salvaggio requested graffiti abatement for the
H & R Block building at S. H St. and Julian, a masonry wall in the
front and side at 2120 Woolard Dr., masonry wall on the west
side of S. H St. at LeMay and the masonry wall on the west side
of Hughes Ln. between White Ln. and Teal across from Walmart.
Councilmember Salvaggio provided contact information and
requested staff mail Sylvia Miranda details of proposed plans
involving 47 acres at the Rudnick Packing Plant particularly
regarding proposed apartment zoning and provide the staff
report regarding the project.
Councilmember Salvaggio requested staff provide a constituent
the staff memo regarding licensing cats and provided contact
information.
Councilmember Salvaggio made comments regarding his tenure and
his 100% attendance at 575 Council meetings during his term of
office.
Councilmember Salvaggio directed comments to City Manager Tandy
and City Attorney Gennaro and complimented their performances.
Vice-Mayor Couch made comments regarding the Hwy. 99 and White
Ln. intemhange.
Vice-Mayor Couch congratulated Trudy Slater on her impending
retirement.
Vice-Mayor Couch provided written material to City Clerk McCarthy.
ADJOURNMENT
Mayor Hall adjourned the meeting at 9:52 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California