HomeMy WebLinkAbout01/12/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
JANUARY 12, 2005
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.
t. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. CLOSED SESSION
Closed Session pursuant to Government Code Section 54957.6 Conference with Labor
Negotiator William Avery.
Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision
(b)(1)(C) of Government Code Section 54956.9 regarding claim submitted by Laura Karina
Ruiz De Mesa.
Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding the following cases:
Bakersfield Citizens for Local Control v. City (Walmart - Panama/99 & Gosford
Village projects)
2. Larry Motina, et al v. City
Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9 regarding significant exposure to
litigation.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
5. INVOCATION by Ivory Porchia, Pastor, St. Mathews Gospel Church.
6. PLEDGE OF ALLEGIANCE by Jenna Bowman, 8th Grade Student, St. Francis School.
7. CLOSED SESSION ACTION
8. PUBLIC STATEMENTS
9. APPOINTMENTS
Two appointments to the Keep Bakersfield Beautiful Committee due to the expiration of term
of John Enriquez (Ward 6) and Sandra Garrigan (Ward 7), terms expiring December 2004.
Staff recommends Council determination.
Appointments to the City Council Committees and other special Committees and Boards by
Vice-Mayor Maggard 2005 - 2006.
Staff recommends Vice-Mayor determination and ratification by Council.
10. CONSENT CALENDAR
(Ward 3)
(Ward 1)
(Ward 4)
(Ward 4)
Minutes:
a. Approval of minutes of the December 15, 2004 Council Meeting.
Payments:
Approval of department payments from December 3, 2004 to December 30, 2004 in the
amount of $16,254,625.67 and self insurance payments from December 3, 2004 to
December 30, 2004 in the amount of $587,246.30.
Ordinances:
First Reading of Ordinance repealing Section 13.04.090 of the Municipal Code relating to
Maintenance Districts - Council Powers (applicable state law).
First Reading of Ordinance adding Chapter 17.59 and amending Sections 17.04.045,
17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110 and 17.25.060 of the Municipal
Code relating to wireless telecommunication facilities.
First Reading of Ordinance amending Sections 16.16.010E, 16.20.040, 16.20.060,
16.22.020 and 16.24.090 of the Municipal Code relating to maps, adding Section 16.52.050
to the Municipal Code relating to appeals of map application denials, and amending Section
17.14.070 of the Municipal Code relating to lot area.
Adoption of Ordinance amending Chapter 5.14 of the Municipal Code relating to applications
for and renewal of cabaret permits. (First Reading 12/15/04)
Adoption 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) (First Reading 12/15/04)
Adoption 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) (First
Reading 12/15/04)
Resolutions:
Resolution requesting the California State Legislature and Governor protect Proposition 42
state transportation funding in the next state budget.
Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District
No. 86-2A (Buena Vista).
k. Assessment District No. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III):
Resolution approving form and substance of Preliminary Official Statement and Bond
Purchase Contract.
2. Resolution determining assessments remaining unpaid.
3. Resolution authorizing issuance of bonds.
10.
(Ward 7)
(Ward 4,5)
(Ward 4,6)
(Ward 2)
(Ward 5)
(Ward 5)
(Ward 5)
(Ward 1)
(Ward 7)
(Ward 7)
(Ward 6)
CONSENT CALENDAR continued
I. Sewer Connection Fee Assessments:
Resolution confirming assessments for sewer connection fees and authorizing the
collection of assessments by the Kern County Tax Collector.
Agreement with Luis R. and Magda P. Tello, 4196 Pandora Place, to pay sewer
connection fee in installments and notice of special assessment lien.
Agreement with Leonardo Rodriquez, Jr., 4909 Elysium Street, to pay sewer
connection fee in installments and notice of special assessment lien.
Resolution amending the boundaries of the City of Bakersfield Domestic Water Service
Area.
Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to Sections 34090 et seq. of the Government Code
of the State of California (Finance Department).
Resolutions of Application proposing proceedings for annexation of 29 acres of uninhabited
territory to the City identified as Annexation No. 470 located along the north side of Taft
Highway generally west of Stine Road; for annexation of 80 acres of uninhabited territory to
the City identified as Annexation No. 471 located at the northwest corner of Allen Road and
Kratzmeyer Road; and, for annexation of 37 acres of uninhabited territory to the City
identified as Annexation No. 477 located east of Ashe Road, generally north and south of
Taft Highway.
Resolution adding territory, Area 1-51 (Gibson, Marriott SE) 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 adding territory, Area 2-28 (McNair, Resnik SE) 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 adding territory, Area 3-27 (Buena Vista, Harris NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-28 (Progress, Panama Ln 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 adding territory, Area 5-15 (S. Oswell, Redbank NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 5-16 (Arkwood, Hosking NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1359 to add territory, Area 3-29 (King man Cove, Grand Haven)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Intention No. 1360 to add territory, Area 3-30 (Woodmere, Diane) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
10.
(Ward 4)
(Ward 6)
(Ward 3,5)
CONSENT CALENDAR continued
(Ward 3) aa.
Resolution of Intention No. 1365 to add territory, Area 1-53 (Reina, Old Farm SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1366 to add territory, Area 2-29 (Wible, Barber West) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
z. Tract Map and Improvement Agreements:
bb.
(Ward 2,4,5,6) CC.
(Ward 3) dd.
(Ward 3)
(Ward 1)
Improvement Agreements with Castle & Cooke Commercial-CA, Inc., for Pamel Map
10834 located at the east end of McNair Lane.
Final Map and Improvement Agreement with Pulte Home Corporation, for Tract 5998
located south of State Route 178 and east of Miramonte Drive.
Agreement with ChevronTexaco Exploration and Production Company and North Kern
Water Storage District for discharge of oilfield wastewater into the Beardsley-Lerdo Canal
System.
(Ward 3)
Agreement with Bakersfield Police Activities League, a non-profit, 501(c) (3) tax exempt
organization, to purchase two (2) surplus copy machines from the City for $1.00 each for a
total of $2.00.
Agreement with Kennedy Jenks Consultants ($100,000.00) for design of Domestic Water
System Hydraulic Modeling for the City's Domestic Water System.
Agreement with Kronick Moskovitz Tiedemann & Girard (not to exceed $75,000.00) to
provide legal services for the acquisition of offsite real property interest for Vesting Tentative
Tract Map No. 6160, located on the east side of Miramonte Drive near Casa Club Drive.
ee.
Agreement with Jeff Ellis & Associates, Inc. (not to exceed $46,400.00) for the National Pool
& Waterpark Lifeguard and Swim Instructor Training Programs.
License Agreement with County of Kern for portion of County Communications Center on
Panorama Drive for emergency communications trailer.
gg. Bakersfield Municipal Airport:
Ground Lease Agreement with Raul Sanchez for purposes of leasing an aircraft
storage hangar.
Ground Lease Agreement with John Mackessy for purposes of leasing an aimraft
storage hangar.
hh.
Amendment No. 5 to Agreement No. 99-334 with Duane Morris, LLP ($135,000.00, total
contract amount not to exceed $660,000.00) for legal service in the matter of North Kern
Water Storage District v. Kern Delta Water District, et al.
ii.
Amendment No. 1 to Agreement No. 04-194 (novation) changing the responsible party from
Coker EIIsworth, Inc. to Highland Knolls, LLC for construction of improvements to Tract 5696
located north of Highland Knolls and east of Faidax Road.
4
10.
(Ward 7)
(Ward 4)
1t.
12.
CONSENT CALENDAR continued
jj.
Bids:
kk.
White Lane at State Route 99 Ovemrossing Widening and Interchange Improvements:
Amendment No. 3 to Agreement No. 03-236 with Parsons Brinckerhoff Construction
Services, Inc. ($43,910.00, for a total contract amount of $440,457.00) for
construction management services.
Appropriate $50,000.00 Transportation Development Fund Balance to the Capital
Improvement Budget.
Walking Floor Dump Truck Body:
1. Accept bid from The Trailer Company ($38,872.76) for purchase and installation of
one (1) walking floor dump truck body for the City's compost and recycling facility.
2. Appropriate and transfer $36,900.00 Refuse Service Fund Balance from the Refuse
Enterprise Fund to the Equipment Management Fund.
II. Accept bid to award contract to Gospich Construction Company ($108,804.00) to furnish and
install equipment for River Oaks Park Playground Project.
Miscellaneous:
mm. Appropriate $125,000.00 in Asset Forfeiture Revenue in the General Fund to contribute half
of the cost for an electron microscope to the County of Kern to be utilized in Bakersfield
Police Department and Kern County Sheriff's Department investigations.
nn. Audit Reports for Fiscal Year Ended June 30, 2004 (refer to Budget & Finance Committee):
1. Comprehensive Annual Financial Report (CAFR).
2. Independent Auditors Report - Single Audit Report - Schedule of Federal
Expenditures.
3. Independent Auditors Report - Compliance with contractual requirements relative to
the Bakersfield Subregional Wastewater Management Plan.
4. Independent Auditors Report - Appropriations Limit Worksheet (GANN Limit).
5. Independent Auditors Report - Bakersfield Centennial Garden, Convention Center
& Ice Sports Center.
Staff recommends adoption of Consent Calendar items a through nn.
HEARINGS
a. Public Hearing to consider Resolution adopting fees pursuant to the cost recovery system
(fireworks permit fees).
Staff recommends adoption of resolution.
REPORTS/~NORKSHOPS
a. Report on Vehicle License Fee Gap Financing Program. (Staff presentation by John
Stinson, Asst. City Manager)
13.
14.
15.
NEW BUSINESS
a. Memorandum of Understanding with County of Kern regarding apportionment of property
tax revenue for annexations.
Staff recommends approval of Memorandum of Understanding,
b. Resolution adopting City Council Policy regarding Park and Landscape Maintenance
Districts,
Staff recommends adoption of resolution.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
01/06/05 4:00pm
AGENDA HIGHLIGHTS
JANUARY 12, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CLOSED SESSION
There will be a conference with the labor negotiator. There will also be conferences with legal
counsel regarding one case of pending litigation, two cases of existing litigation, and one item of
potential litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
There will be two appointments to the Keep Bakersfield Beautiful Committee. There will also be
appointments to the City Council Committees and other special Committees and Boards by Vice
Mayor Maggard.
CONSENT CALENDAR
Ordinances
Item 10c. First Readin(] of an Ordinance Reoealinq a Section of the Municipal Code Relatinq to
Maintenance Districts - Coun(;il Powers (aoolicable State law). State law provisions in this Code
section were rendered unnecessary in light of the passage of Proposition 218 and the resulting State
legislation that implemented it. Because the reference to State law is unnecessary, staff recommends
repealing the section of the Municipal Code that refers to it.
Item 1Od. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Wireless
Telecommunication Facilities. Under the direction of the Planning and Development Committee, staff
drafted this ordinance which encourages companies to configure their wireless communication
antenna and tower facilities to minimize any negative visual effects. Antennas that do not incorporate
any concealment will be required to be reviewed through a public hearing by the Board of Zoning
Adjustment. The approving authority (Planning Directors, BZA, Planning Commission, or City
Council) can require landscaping as necessary to further screen or aesthetically enhance
telecommunication facilities as it relates to adjacent development. The Planning Commission
recommended forwarding the ordinance to Council for adoption. Staff recommends first reading.
Item lOe. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Maps, Appeals of
MaD ADolication Denials, and Lot Area. The proposed "clean-up" ordinance provides for uniform
numbers of phases or units on final tract and parcel maps, establishes notice requirements and
exceptions pertaining to drill sites and mineral rights, and an appeal process for tentative subdivision
map applicants rejected as incomplete.
Resolutions
Item IOL Resolution Reauestina the California State Leaislature and Governor Protect Proeosition 42
State Transoortation Fundina in the Next State Budaet. The City Council previously adopted a
resolution in support of Proposition 42, which was based on the principle that taxes paid at the gas
pump should be used for transportation purposes. Since it was approved by voters in March, 2002,
more than $2 billion has been diverted from transportation projects Statewide. Proposition 42 funds
are critical to the completion of transportation projects; repair and expansion of local, regional, and
Agenda Highlights
Janua~ 12,2005
Page 2
State transportation systems continue to be a high priority for the citizens of Bakersfield.
Aqreements
Item lOcc. Aqreement with Kennedy Jenks Consultants for Desiqn of Domestic Water System
Hydraulic Modelinq for the City's Domestic Water System in the amount of $100.000. In order to deal
with the continued growth and increasing demands for water service, a master plan for the systematic
expansion of the domestic water system is needed to guide the development of future facilities.
Statements of Qualifications and Fee Proposals were received from four engineering firms. The top
two firms were interviewed. Staff recommends entering into an agreement with Kennedy Jenks
Consultants. Funding for this project is currently available within the Water Resources Department
FY 2004-05 Capital Improvement Budget.
Item 1Odd. Aqreement with Kronick Moskovitz Tiedemann & Girard to Provide Leqal Services for
the Acquisition of Offsite Real Property Interest for a Vestinq Tentative Tract Map Located on the East
Side of Miramonte Drive near Casa Club Drive in an amount not to exceed $75.000. A developer
(Pulte Homes/Del Webb) requests that the City use its eminent domain power to help secure an
easement for construction and maintenance of drainage improvement for a project that was already
approved. The developer will pay all associated costs and has deposited $20,000 as an advance
payment. The law firm of Kronick Moskovitz Tiedemann & Girard specializes in real property
acquisitions, and it is in the best interests of the City to utilize the firm for this matter.
Item lOft. License Aqreement with Kern County for Portion of County Communications Center on
Panorama Drive for Emerqency Communications Trailer. Staff proposes to locate a modular trailer
that will house computer and communication equipment for the purpose of issuing, building permits,
purchasing and payroll functions, and other related activities when the equipment currently located at
City Hall is inoperable. The City will bear the construction costs, installation of an electric meter and
for electric power. No rent will be charged by the County.
Item lOggo Amendment No. 5 to Aqreement No. 99-334 with Duane Morris, LLP for Leaal Services
in the matter of North Kern Water Storaqe District v. Kern Delta Water District, et al, in the amount of
$135,000, for a total contract amount not to exceed $660.000. The retrial of the case has now
concluded, and expenses are high. After a judgment, an appeal is expected which will incur
additional costs. The Water Board reviewed the matter and recommends forwarding the item to
Council for approval.
Item lOjj. Amendment No. 3 to Consultant Aqreement No. 903-236 with Parsons Brinckerhoff
Construction Services, inc. for Construction Manaqement Services in the amount of $43.910. for a
total contract amount of ~440,457. Due to continuing unforeseen design errors and issues, the
duration of this project will need to be further extended. Therefore, the construction management
services will also need to be extended through project completion. Additional costs resulting from
these delays due to errors by the City's Consultant, URS, are expected to be reimbursed by URS.
Bids
Item 1011. Award Contract to Gospich Construction Company to Furnish and Install E(~uioment for
River Oaks Park Playqround Proiect in the amount of $108.804. The project consists of furnishiny
and installing new playground equipment, park shelter, barbeque, and basketball goal. Seven
acceptable bids were received. Staff recommends award to Gospich Construction Company.
Agenda Highlights
Janua~ 12,2005
Page 3
Miscellaneous
Item lOmm. Appropriate $125,000 in Asset Forfeiture Revenue in the General Fund to Contribute
One-Half of the Cost of an Electron MicroscoPe to the District Attorney's Office to be utilized in
Bakersfield Police DePartment and Kern County Sheriff's Department Investiqations. This
microscope is a technologically advanced forensic evidence tool. The Police and Sheriff's
Departments have tentatively agreed to contribute one-half of the cost ($250,000) for this equipment.
The City's contribution is contingent on the Sheriff's Department receiving approval from the Board of
Supervisors.
HEARINGS
Item 11a. Public Hearinq to Consider A Resolution Adoptinq Fees Pursuant to the Cost Recovery
System (Fireworks Permit Fees). Staff recently reviewed the Fireworks Permit Fees to comply with
the Fireworks Ordinance, and determined that fee increases are needed to fund the cost of
processing applications, inspections and enforcement of businesses. The Budget and Finance
Committee recommended approval and that the item be forwarded to Council for consideration. A
summary of fees can be found in the administrative report.
REPORTS
Item 12a. Reoort on Vehicle License Fee Gap Financinq Proqram. Assistant City Manager, John W.
Stinson, will present a brief overview of the Vehicle License Fee Gap Loan Financing Program.
NEW BUSINESS
Item 13a. Memorandum of Understandinq with Kern County reqardinq Apportionment of Prooertv
Tax Revenue for Annexations. In 1995 the City and County entered into a Memorandum of
Understanding regarding the apportionment of property tax revenues when property is annexed by
the City. This agreement provided conditions under which a standard tax split formula could be
applied and agreed to in advance. This agreement was for a ten-year period and is to expire in
September of 2005.
The recommended changes include making the term of the agreement 20 years; adjusting dollar
amounts to reflect inflation; providing a mechanism to annually adjust the dollar amounts by the CPI;
eliminating or clarifying references to State law as appropriate or necessary due to changes in law;
changing the definition of "substantially surrounded" from 85% to 65% surrounded by unincorporated
properties; and inclusion of a category for annexation of transportation corridors. This new category
will facilitate the annexation of transportation corridors (as defined in the General Plan) in advance of
development of transportation facilities by the City.
County staff is in agreement with the proposed changes and is recommending approval by the Board
of Supervisors.
Item 13b. Resolution adootinQ City Council Policy reqardinq Park and Landscape Maintenance
Districts. After review of the maintenance district policies, practices and costs, it was determined that
maintenance district assessments have not kept up with inflation or with current budgeted costs for
providing these services. Since the passage of Proposition 218 eight years ago, there has been no
increase in the assessment because of the new vote requirement to increase rates. Staff drafted a
new schedule of rates which reflects FY 2003-04 costs.
Agenda Highlights
Janua~ 12,2005
Page 4
The Budget and Finance Committee discussed two recommendations: 1) all new areas added to the
consolidated park and landscape maintenance district districts are to be formed using the updated
new rates (the new rate schedule is included in the background material and shows the new rates
reflect a range of increases at about 10% to 30%, depending on the maintenance tier); and 2) staff will
also apply an annual cost of living factor to the new areas added to the consolidated park and
landscape maintenance district. Both recommendations involve newly developing areas which would
agree to the higher assessment and annual CPI adjustments by a Proposition 218 ballot signed by the
property owners when they request to be added to the consolidated maintenance district.
The recommendation does not include the existing areas within the consolidated park and landscape
maintenance districts, which would still retain the assessments based on 1996 costs. The Budget
and Finance Committee supports approval of both staff recommendations listed above.
Approved:
John W. Stinson,
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Closed Session
ITEM: ,~. &.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
December 28, 2004
APPROVED
CITY ATTORNEY
CITY MANAGER
Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator
I~I LL I~,l AVERY
RECOMMENDATION:
BACKGROUND:
ch
December 28, 2004, 8:17AM
S:~ADMINRPT~Closed Session Jan. 12, 05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2004
AGENDA SECTION: Closed Session
ITEM: ~).
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 30, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Conference with Legal Counsel -- Pending Litigation
Closed session pursuant to subdivision (b)(1)(C)of Government Code section 54956.9
· Concerning claim submitted by Laura Karina Ruiz De Mesa
VG:do
S:\COUNCIL\CI Sess~,dmins\04-05\01-12-05 Claim.doc
11/30/2004
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
I ITEM: ~. 0...
AGENDA SECTION: Closed Session
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 5, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Bakersfield Citizens for Local Control v. City of Bakersfield Walmart - Panama/g9
& Gosford Village projects
KCSC Case No. 249668-KCT & 249669-KCT
5th Appellate Case No. F044943
· Larry Molina, et al v. City of Bakersfield, et al
USDC, Eastern District, Case No. ClV-F-04-6420 OWVV TAG
VG:do
S:\COUNCIL\Cl Sess~,Admins\04-05\01-12-05ExJstJit. Walmartdoc.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Closed Session
~TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attomey
January 5, 2005
APPROVED
DEPARTMENT HEAD
C~T~ ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Potential Litigation
Significant exposure to litigation pursuant to subdivision (b)(1)(3XA) of Government Code
section 54956.9
VG:do
S:\COUNCtL\Cl Sess~Admins\04-05~01-12-05 PotenfialOIS.doc
1/5/2005
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Appointments
ITEM: ~.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Pamela A. McCarthy, City Clerk
December 30, 2004
DEPARTMENT HEA[:/~,~
CITY ATTORNEY //'~
CITY MANAGER ~
SUBJECT: Two (2) appointments to the Keep Bakersfield Beautiful Committee due to the expiration
of terms of John Enriquez (VVard 6) and Sandra Garrigan 0Nard 7), terms expired December
2004.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there are two vacancies on the Keep Bakersfield Beautiful Committee due to the expiration of
terms of John Enriquez (VVard 6), and Sandra Garrigan (VVard 7), whose terms expired 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. An application for appointment has been received from the following:
· Patrick Douglas Frase (Ward 2)
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight Mayor/Council-appointed members who 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 30, 2004, 1:16PM
S:\Bds&Comm~KBBC~Admin Jan 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Appointments
ITEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
January 3, 2005
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER ~
Appointments to City Council Committees and other special Committees and Boards by
Vice-Mayor Maggard for 2005 - 2006.
RECOMMENDATION:
To be determined by Vice-Mayor and ratified by Council.
BACKGROUND:
In accordance with Section 2.02.020 of the Municipal Code, the creation of and appointments to Council
Committees are made by the newly elected Vice-Mayor, with ratification by the Council.
At the December 15, 2004 Council meeting, Councilmember Mike Maggard was elected Vice-Mayor.
Accordingly, recommendations for appointments will be made for the following standing Council
Committees and other committee and board appointments:
Standinq 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
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Consent Calendar
ITEM: iD.0..
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD~J~n~t~.(2
DATE: January 3, 2005 CITY ATTORNEY
CITY MANAGER ~
SUBJECT:
Approval of minutes of the December 15, 2005 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Consent Calendar
ITEM: 10, ~0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 30, 2004
APPROVED
DEPARTMENTHEAD ..,"f-/~ ,~")~
CITY ATTORNEY ~;~//~_
CITY MANAGER ~
Approval of department payments from December 3, 2004 to December 30, 2004 in the
amount of $16,254,625.67 and self insurance payments from December 3, 2004 to
December 30, 2004 in the amount of $587,246.30.
RECOMMENDATION:
Staff recommends approval of payments totaling $16,841,871.97.
BACKGROUND:
tc
December 30, 2004, 11:59AM
S:\KimG~Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 7, 2004
APPROVED
DEPARTMENT HEAD ~/~
CITY ATTORNEY .,~
CITY MANAGER ~
Ordinance repealing Section 13.04.090 of the Bakersfield Municipal Code relating to
Maintenance Districts - Council Powers - Applicable state law.
RECOMMENDATION:
Staff recommends first reading of this ordinance.
BACKGROUND:
Chapter 13.04 of the Bakersfield Municipal Code sets forth the procedures to be followed for the
establishment of maintenance districts and for the adoption of the annual maintenance district budget.
The City's Consolidated Maintenance District was formed and its annual budget approved under this
chapter.
When this local ordinance was originally adopted (1980), the maintenance district provisions of the
Improvement Act of 1911 (Cal. Streets & Highways Code §§ 5820 et seq.) were adopted as part of the
maintenance district formation procedure. However, the state law provisions have been rendered
unnecessary in light of the passage of Proposition 218 and the resulting state legislation that implemented
Prop. 218 (Govt. Code §§ 53750 et seq.). Therefore, because the reference to state law found in
Bakersfield Municipal Code Section 13.04.090 is unnecessary, staff is recommending that this section be
repealed. Reference has already been made in Chapter 13.04 to the applicable provisions of state law
that govern the notice requirements.
RMS:lsc
S:\COUNClL~Admins\04-05 Admins\13,04.090Repeal,doc
December 7. 2004 - 3:56 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Consent Calendar
ITEM NO: 10.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 4, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER _(~/?Z~
First reading of Ordinance adding Chapter 17.59 and amending Sections 17.04.045,
17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110, and 17.25.060 of the Municipal
Code relating to wireless telecommunication facilities. (Citywide)
RECOMMENDATION:
Staff recommends first reading of this ordinance.
BACKGROUND:
The issue concerning wireless telecommunication towers was initially discussed by the Planning and
Development Committee of the City Council on April 26, 2004 with direction to staff to prepare a draft
ordinance. That draft was reviewed by the Committee at their meetings held on August 16 and October
11,2004. It was then forwarded to the Planning Commission for hearing and recommendation.
The Planning Commission held a public hearing on November 18, 2004 and voted unanimously to
forward the ordinance to the City Council for adoption. They made only one change to the draft
forwarded by the Planning and Development Committee by adding added item M. to Section 17.59.030.
This item permits the approving authority (ie. Planning Director, BZA, Planning Commission, or City
Council) to require landscaping as necessary to further screen or aesthetically enhance
telecommunication facilities as it relates to adjacent development. The Commission also considered
comments received from some telecommunication companies but no further amendments were made
other than some section numbering corrections.
The new ordinance encourages companies to configure their wireless communication antenna and
tower facilities to minimize visual effects upon the skyline. It emphasizes improving design and overall
aesthetics of antenna monopoles. Antennas that are camouflaged as trees, architecturally incorporated
into existing buildings, or completely concealed inside building structures such as steeples, will be
permitted through an administrative review by the Planning Director. Antennas that do not incorporate
any concealment, such as the typical silver monopole with a large array on top or lattice towers, will be
required to be reviewed through a public hearing by the Board of Zoning Adjustment. The ordinance
also addresses setbacks from property lines and other antennas and towers, establishes a consistent
height limit sensitive to the surrounding natural setting, encourages co-location of facilities (through
greater separation of antennas), screening of associated equipment, and the use of "best-technology"
stealth designs.
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: [0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Co[~ncil
Stanley C. Grady, Dev. Services Dir.
December 29, 2004
APPROVED
DEPARTMENTHEAD~/~C::~
CITYATI'ORNEY /~'
CITY MANAGER ~
Ordinance amending Bakersfield Municipal Code Sections 16.16.010E, 16.20.040,
16.20.060, 16.22.020, 16.24.090 relating to maps, adding Section 16.52.050 relating to
appeals of map application denials, and amending Section 17.14.070 relating to lot area.
RECOMMENDATION:
Staff recommends first reading of this ordinance.
BACKGROUND:
Chapter 16 of the Bakersfield Municipal Code deals with subdivisions. The proposed "clean-up"
ordinance provides for uniform numbering of phases or units on final tract maps and final parcel maps,
establishes notice requirements and exceptions pertaining to drill sites and mineral dghts, and provides an
appeal process for tentative subdivision map applications rejected as incomplete.
The amendment to Section 17.14.070 simply corrects a reference to another Municipal Code
section.
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: 0,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 23, 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 adoption 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 prior to
commencement of permitted activities, and provides for a non-refundable permit application fee.
This ordinance had first reading on December 15, 2004.
December 23, 2004 * 10:41 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent
ITEM: 10.9·
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
December 28, 2004
APPROVED
DEPARTMENT HEAD~',
CITY ATTORNEY ,'~
CITY MANAGER
SUBJECT:
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 adoption of the ordinance.
BACKGROUND:
On December 15, 2004, the City Council held first reading of the ordinance.
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 Page 2
In August, the City Councit 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 properly, 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 north-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 approvat
(Exhibit "A").
JE
Admin\1-12-0903-2nd
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Consent
ITEM: I0, h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 3, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
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 Commercial) 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) (Ward 1).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of this ordinance was conducted on December 15, 2004.
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 headng 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: January 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: 0, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
December 13, 2004 CITY ATTORNEY
Resolution requesting the California State Legislature and Governor protect Proposition 42
state transportation funding in the next state budget.
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The City Council previously adopted a resolution on January 23, 2002 in support of Proposition 42, which
was based on the principle that taxes paid at the gas pump should be used for transportation purposes.
Proposition 42 was placed on the California Ballot in March, 2002 and was approved by 69% of the
California voters. However, since then, more than $2 billion in State transportation funding has been
diverted from transportation projects statewide, due to '1iscal emergences" declared in FY 2002/03, FY
2003/04, and FY 2004/05.
Proposition 42 funds are critical to the completion of transportation projects throughout the State of
California; repair and expansion of local, regional, and State transportation systems continue to be a high
priority for the citizens of Bakersfield.
Councilmember Couch has requested the attached resolution be placed on the agenda for approval by the
City Council, urging the State Legislature and the Governor to protect Proposition 42 State transportation
funding in the next state budget.
December 14, 2004, 10:42AM
Proposition 42 Protection
ADMINISTRATIVE
REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: I0.~.
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 6, 2004
APPROVED
DEPARTMENT HE~~
CITY ATTORNEY ~
Ci'I-~MANAGER'~(~
SUBJECT: Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment
District 86-2A(Buena Vista). Ward 4.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City of Bakersfield, Limited Obligation Bonds for Buena Vista Assessment
District 86-2A were issued on March 2, 1994 in the amount of $4,550,000 for funding the
construction of a public improvement comprising of a sewer trunkline. These bonds are issued
pursuant to the improvement Bond Act of 1915 of the California Streets and Highways Code.
The City has covenanted to initiate an Administrative Foreclosure for Assessment Districts when
delinquencies near 5% of the annual levy placed on the tax bill to pay the annual principal and
interest on the bonds. This Assessment District is close to the 5% threshold.
Assessment District 86-2A(Buena Vista) Delinquencies are attached.
S:\COREY~FORECLOSURE\86-2ADMIN.DOC
ADMINISTRATIVE
REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Consent Calendar
ITEM: JO,
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 6, 2004
APPROVED
DEP.N~TMENT H EAD/~.~___
CITY ATTORNEY,~/~' ~
CITY MANAGER ~
SUBJECT: Assessment District 04-1(Countryside/The Homestead/Cherry Hill/Olive Park III). Ward 4.
1. Resolution Approving Form and Substance of Preliminary Official Statement and Bond
Purchase Contract.
2. Resolution Determining Assessments Remaining Unpaid.
3. Resolution Authorizing Issuance of Bonds.
RECOMMENDATION: Staff recommends approval of resolutions.
BACKGROUND: On October 20, 2004, Council approved the Final Engineer's Report, as well as
the resolution Levying the Assessments, Ordering the improvements and Authorizing and
Directing Related Actions. We are currently planning on January 2005 to sell bonds.
In order to expedite the bond sale and delivery, the property owners have waived their
entitlement to pay any part of any of the assessments in cash. The Finance Director will certify
and file with the City Clerk the List of Paid and Unpaid Assessments which allows the pre-
marketing and pricing of the bond sale by UBS Paine Webber Inc.
The Final Engineer's Report is on file in the City Clerk's Office.
S:\COREY~ADMIN-POS&BPCDOC.DOC
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Consent Calendar
ITEM: t0. I.
TO: Honorable Mayor and City Council AP, PROVED
FROM: Raul M Rojas, Public Works Director DEPARTMENT HEAD /'~,
DATE: December 1, 2004 CITY ATTORNEY ,/~
CITY MANAGER ~
SUBJECT:
Sewer Connection Fee Assessments (Ward 7)
1. Resolution confirming assessments for sewer connection fees and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Luis R. and Magda P. Tello, 4196 Pandora Place, to pay sewer
connection fee in installments and notice of special assessment lien.
3. Agreement with Leonardo Rodriguez, Jr., 4909 Elysium Street, to pay sewer connection
fee in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreements.
BACKGROUND: The owners of properties at 4916 Pandora Place and 4909 Elysium Street desire to
connect their properties to the City sewer system. Each has claimed that to pay the sewer connection fee
in one payment would produce an economic hardship. To assist in paying the connection fee the City has
contracted with each property owner to spread the connection fee over a three (3) year period to be
collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This
resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments
over the next three years.
dc
December 8, 2004, 11:08AM
G:\G RO UPDAT~ADMINRP'r~2005\01-12\4916_Pandora PI-4909_Elysium.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: 10, t31,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
December 16, 2005
APPROVED
DEPARTMENT HEAD ~
CITYATTORNEY ,~.~
C, MA.AGER
Resolution of the Council of the City of Bakersfield amending the boundaries of the City of
Bakersfield Domestic Water Service Area. (Wards 4 & 5).
RECOMMENDATION: City Water Board recommends adoption of the resolution.
BACKGROUND:
Landowner and developer requests for water service within the corporate boundaries of the City of
Bakersfield have necessitated the need to expand the boundaries of the City of Bakersfield's Domestic
Water System by over 3,000 acres. The attached domestic service area map identifies the service
expansion boundaries.
Water service to the new areas will be accomplished through developer financed extension of existing City
water facilities.
The expansion of the domestic water service area was reviewed by the City of Bakersfield Water Board at
it's December 7, 2004 meeting. The City of Bakersfield Water Board recommended City Council approval.
ML
S:~2004 ADMIN REPORTS\DomesticServiceAreaExpansion.doc
1/4/2005 4:05:37 PM
ADMINISTRATIVE
REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Consent Calendar
ITEM: iD, Iq.
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 23, 2004
,APPROVED
DEPARTMENT HEAD/V~
CITYA ORNE¥
CITY MANAGER ~
SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records,
documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the
government code of the State of Califomia- Finance Department.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports
that are more than five (5) years old and have been approved for destruction by the City Attomey's office. The
records to be destroyed are listed on Exhibit A of the Resolution.
S:'J~OMG~FORMS & LABLES~RECORDS DESTRUCT1ON~ADMIN~RECORDRETEN-DEST04.DOC
klg
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent
ITEM: 10.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
December 27, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Resolutions of Application proposing proceedings for annexation of 29 acres of
uninhabited territory to the City identified as Annexation No. 470 located along the
north side of Taft Highway generally west of Stine Road; for annexation of 80 acres of
uninhabited territory to the City identified as Annexation 471 located at the northwest
corner of Allen Road and Kratzmeyer Road; and, for annexation of 37 acres of
uninhabited territory to the City identified as Annexation No. 477 located east of Ashe
Road, generally north and south of Taft Highway. (Wards 4 & 6)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexations No. 470, 471 and 477 to the City of Bakersfield. Annexation 470
contains 29 acres located north of Taft Highway generally west of Stine Road. Annexation
No. 471 contains 80 acres and is located at the northwest corner of Allen Road and
Kratzmeyer Road. Annexation 477 contains 37 acres located east of Ashe Road,
generally north and south of Taft Highway.
The property owner has consented to annexation. The proposal is to annex the land to
develop a single family residential subdivision 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\1-12-roa470&477
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
rAGENDA SECTION: Consent Calendar
ITEM: 10,¢'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2004
APPROVED
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Resolution adding territory, Area 1-51 (Gibson, Marriott SE) 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 2)
RECOMMENDATION: Staff recommends adoption ofthe Resolution.
BACKGROUND: On December 15, 2004 the Council adopted Resolution of Intention No. 1354 to add
territory, Area 1-51 (Gibson, Marriott SE), 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 street landscaping for Parcel Map Waiver No. 04-0833. Area 1-51 is generally bounded
by Marriott Drive on the north, a line approximately 1175 feet 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 the appropriate tier level when 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 of the properly described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
mr
December 17, 2004, 3:12PM
MD1-51_Est
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: I0,0~)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2004
/~/~PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Resolution adding territory, Area 2-28 (McNair, Resnik SE) 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 December 15, 2004 the Council adopted Resolution of Intention No. 1355 to add
territory, Area 2-28 (McNair, Resnik SE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Parcel Map No. 10834. 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 the appropriate tier levels
when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
mr
December 17, 2004, 1:36PM
MD2-28_Est
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: lb,r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTYMANAGER
Resolution adding territory, Area 3-27 (Buena Vista, Harris NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 15, 2004 the Council adopted Resolution of Intention No. 1351 to add
territory, Area 3-27 (Buena Vista, Harris NE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No's. 6156, 6196 and 6313. 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 the appropriate tier levels when a park and street landscaping have been
installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
mr
December 17, 2004, 1:37PM
MD3-27_Es!
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
TEM: 10,5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2004
APPROVED
DEPARTMENT HEAD ,--~
CITY ATTORNEY / 7~:~7-
CITY MANAGER ~
Resolution adding territory, Area 3-28 (Progress, Panama Ln 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 December 15, 2004 the Council adopted Resolution of Intention No. 1356 to add
territory, Area 3-28 (Progress, Panama Ln NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No's. 6169 and 6307. Area 3-28 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 the appropriate tier levels when a park and street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
mr
December 17, 2004, 1:38PM
MD3-28_Est
ADMINISTRATIVE REPORT
IMEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2004
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Resolution adding territory, Area 5-15 (S. Oswell, Redbank NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 15, 2004 the Council adopted Resolution of Intention No. 1352 to add
territory, Area 5-15 (S. Oswell, Redbank NE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No's. 6232 and 6297. 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 the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
mr
December 17, 2004, 1:39PM
MD5-15_Es!
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
TEM: I0, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2004
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Resolution adding territory, Area 5-16 (Arkwood, Hosking NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 15, 2004 the Council adopted Resolution of Intention No. 1353 to add
territory, Area 5-16 (Arkwood, Hosking NE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No. 6155. 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 the appropriate tier levels when a park and street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the
subdivision map.
mr
December 17, 2004, 1:39PM
MD5-16_Est
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: II). ~/.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 23, 2004
APPROVED
DEPARTME.T.EA.
CI~ MANAGER ~
Resolution of Intention No. 1359 to add territory, Area 3-29 (Kingman Cove, Grand Haven)
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 owners of Tentative
Tract No. 6226 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 3-29 is generally bounded by a line approximately 1320 feet
north of Hosking Avenue on the north, a line approximately 640 feet west of Highway 99 on the east,
Hosking Avenue on the south and a line approximately 1300 feet west of Highway 99 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 subdivideddeveloper to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
December 23, 2004, 10:17AM
MD3-29Ri05
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: iD. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 23, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Resolution of Intention No. 1360 to add territory, Area 3-30 (Woodme Diane) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 6).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Parcel Map No. 10606 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 3-30 is generally bounded by the Southern
Pacific Railroad on the north, a line approximately 580 feet west of Lisa Marie Court on the east, a line
approximately 580 feet south of Woodmere Drive on the south and a line approximately 190 feet west of
Diane 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 subdivideddeveloper to be recorded with the parcel
map. A copy of this covenant is attached for reference.
mr
December 30, 2004, 9:42AM
MD3-30Ri05
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: C), Y,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 28, 2004
~ AP,PROVED
CITY ATTORNEY
CITY MANAGER ~
Resolution of Intention No. 1365 to add territory, Area 1-53 (Reina, Old Farm SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6234, Units 1, 2, 4 and 5 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 1-53 is generally bounded by Reina Road on the
north, Old Farm Road on the east, a line approximately 1320 feet south of Reina Road on the south and a
line approximately 660 feet east of Allen Road on the west. This area wilt 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
December 28, 2004, 12:47PM
MD1-53Ri05
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~, ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 28, 2004
APPROVED
DEPARTMENTHEAD~-~ -~ ~
CITY ATTORNEY ~
SUBJECT:
Resolution of Intention No. 1366 to add territory, Area 2-29 (Wible, Barber West) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Repod. (Ward 6).
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. 04-0746 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 2-29 is generally bounded by a line
approximately 1320 feet south of White Lane on the north, Wible Road on the east, a line approximately
2150 feet south of White Lane on the south and a line approximately 1530 feet west of Wible 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
December 28, 2004, 12:46PM
MD2-29Ri05
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 27, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
VED
Tract Maps and Improvement Agreements
Improvement Agreements with Castle & Cooke Commercial-CA, Inc., for Parcel Map 10834
located at the east end of McNair Lane. (Ward 5)
Final Map and Improvement Agreement with Pulte Home Corporation, for Tract
5998 located south of State Route 178 and east of Miramonte Drive. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
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 27, 2004, 11:11AM
G:\GROUPDAT~ADMINRPT~2005\01-12\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE January 12, 2005 Consent Calendar
AGENDA SECTION:
ITEM: ~0,0,~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
December 29, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORN EY,,~2'~'
CITY MANAGER ~
SUBJECT:
Agreement with ChevronTexaco Exploration and Production Company and North Kern
Water Storage Distdct for Discharge of Oilfield Wastewater into the Beardsley-Lerdo Canal
System (Ward No. 3)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
This agreement will replace and extend an existing agreement that is currently in effect and will allow
ChevronTexaco Exploration and Production Company (CTEP) to continue the discharge of treated oilfield
effluent from CTEP's Kern River field into the Beardsley-Lerdo Canal system. The discharge is processed
by CTEP to a quality of water that is suitable for use as irrigation water and may be used on the same
variety of crops served by the Beardsley-Lerdo Canal system, absent such discharge to the system. CTEP
discharges to the concrete lined canal are mixed and diluted with other canal waters and used for irrigation
deliveries to serve farm lands located north of Bakersfield. The Beardsley-Lerdo Canal system is owned
by the North Kern Water Storage District (North Kern) and the City owns capacity rights to transport water
in the canal system.
All provisions in the existing agreement in reference to State and Federal permitting, water quality
monitoring, City indemnification, liability and termination for just cause remain intact in this agreement.
This agreement shall be in effect at time of signature of all parties until and including December 31, 2008,
however, is subject to termination upon sixty (60) days notice by the parties. Provisions for suspension or
termination, with reasonable cause, may be invoked upon forty-eight (48) hours notice, for such items as
water quality deficiencies or maintaining required State or Federal permits. An additional termination
cause has been added, whereby the City may exclusively terminate the agreement within 60 days notice
and CTEP will cease discharge, if City begins operation of a domestic water treatment plant 'from the
Beardsley-Lerdo Canal.
FC
December 28, 2004, 2:25PM
S:~2005 ADMIN REPORTS~JA12WT01.CC.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Consent Calendar
ITEM: ID. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 20, 2004
APPROVED
DEPARTMENTHEAD./f~~-~'~Z~
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Agreement with Bakersfield Police Activities League, a non-profit, 501(c) (3) tax exempt
organization, to purchase two (2) surplus copy machines from the City for $1.00 each for a
total of $2.00.
RECOMMENDATION: Staff recommends sale of surplus copy machines.
BACKGROUND: The Finance Director has received a request from Bakersfield Police Activities League,
to buy two (2) surplus, used copy machines. Bakersfield Municipal Code section 3.20.120F provides for
this action and states that any sale to a governmental entity or nonprofit organization shall be subject to
confirmation and approval by the City Council.
The items are being sold "as is with all faults" to remove the City from any potential liability claims.
Purchasing Division
DW:ljrn
P:~ADMIN~005 ADMIN\C05_0112_B_Sale of Surplus Copy Machines.doc
December 20, 2004, 4:57PM
ADMINISTRATIVE REPORT
MEETING DATE January 12, 2005
AGENDA SECTION:
ITEM: tO,
Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
December 27, 2004
APPROVED
DEPARTMENT HEAD ~
SUBJECT: Design Services Agreement with Kennedy Jenks Consultants in the amount of $100,000.00 for design
of Domestic Water System Hydraulic Modeling for the City's Domestic Water System. (Ward Numbers 2, 4, 5 & 6)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The City of Bakersfield is currently experiencing strong growth throughout its domestic water
system. The last comprehensive review of the City's domestic water system was completed in 1979. In order to deal
with the continued growth and increasing demands for water service in a prudent manner, a master plan for the
systematic expansion of the domestic water system is needed to guide the development of future facilities.
In September 2004, staff began the selection process to secure a qualified engineering consultant to design the
Hydraulic Modeling System for the City's domestic water system in accordance to City specifications. The process
required all interested consultants to submit Statements of Qualifications (SOQs) and Fee Proposals for the project.
Proposals were received from 4 engineering firms. A selection committee of Water Resources and Public Works
staff members reviewed the consultants' qualifications, fee proposals and interviewed the top two firms. The two
firms interviewed were: Kennedy Jenks Engineering Consultants and Meyer Civil Engineering, Inc.
Upon completion of the process, the committee determined that Kennedy Jenks Consultants had the necessary
qualifications, experience and reasonable fee proposal for the project. Based on the above, the committee
recommends that the City enter into an agreement with Kennedy Jenks Consultants to design a Domestic Water
System Hydraulic Modeling for the City's domestic water system.
Funding for this project is currently available within the Water Resources Department FY 2004-05 Capital
Improvements Budget.
S:~2004 ADMIN REPORTS~admin011205 bid.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~0, (~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 28, 2004
APPROVED
DEPARTMENT HEAD
A rORNE¥
CITY MANAGER
Acquisition of offsite real property interest for Vesting Tentative Tract Map No. 6160
(located on the east side of Miramonte Drive near Casa Club Drive). 0Nard 3)
1. Agreement between Kronick Moskovitz Tiedemann & Girard and City of Bakersfield
to provide legal services in an amount not to exceed $75,000.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Developer (Pulte Homes/Del Webb) has approached the City to use its eminent domain power to help in
securing an easement for construction and maintenance of drainage improvements, a project already
approved by the City. The property is owned by Stockdale Oil & Gas, Inc. The developer has deposited
$20,000 as an advance on the payment of all costs associated with this condemnation. In the event the
condemnation expenses exceed the deposited amount, the developer will contribute the additional funds.
The law firm of Kronick Moskovitz Tiedemann & Girard specializes in real property acquisitions, and
utilizing the services of this law firm is in the best interests of the City. Staff recommends approval of the
Agreement.
December 28, 2004, 2:01PM
S:\COUNClL~Admins\04-05 Admins~AttyRetainerAgr. KronickMoskovitz. VTTM6160.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: Consent Calendar
ITEM: I~). e~..
APPROVED
TO: Honorable Mayor and City Council DEPARTMENT HEAD
FROM: Alan Christensen, Interim Director CITY ATTORNEY /~/~-~
Recreation & Parks
January 3, 2005
DATE:
SUBJECT:
CITY MANAGER
Agreement with Jeff Ellis & Associates, Inc. for the National Pool & Waterpark Lifeguard
and Swim Instructor Training Programs in an amount not to exceed $46,400.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Jeff Ellis & Associates, Inc. is an aquatic safety consulting firm that provides professional aquatic risk
management services and certified lifeguard and swim instructor training programs. The department has
utilized the services of Jeff Ellis & Associates, Inc. since 1996 and is pleased with the results in risk
reduction at the city pool facilities. These services include safety consulting, National Pool and Waterpark
Lifeguard and Swim Instructor Training Programs, pool audits, annual aquatic safety inspections, and
design.
This two-year agreement has been developed for services rendered by Jeff Ellis & Associates, Inc. to
include lifeguard and swim instructor training, licenses, and course materials.
S:~2005 Admins~Ellis & Assoc Admin 1-05.doc
1/3/2005:
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 4, 2005
APPROVED
DEPARTMENT HEAD ..~/..,~'
CITY AT'rORNEY
CITY MANAGER
SUBJECT: License agreement with County of Kern for portion of County Communications Center on
Panorama Drive for emergency communications trailer. 0Nard 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is proposing to locate a modular trailer at the County's William E. Whiting
Communications Center (Control 5). The modular trailer will house computer and communication
equipment that will be used in an emergency when the computer equipment currently housed in City Hall
becomes inoperable. In an event of an emergency the equipment housed in the modular trailer will used to
issue building permits, allow for purchasing and payroll functions and other related activities.
The license agreement allows the City to construct a 33' x 12' concrete pad and connect to an adjoining
building to provide a source for electrical service. The City will bear all costs of construction. The term of
the license is ten years and the County is not charging any rent. However, the City will be paying to install
an electric meter and will pay for the electricity used by the City's equipment.
January 4, 2005, 1:10PM
P:\MyFiles~Admin Reports\Oblinger WSP.doc
DMNs
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
TEM: (0.~L~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 28, 2004
APPROVED
DEPARTMENTHEAD
CITY ATTORNEY ~/~
CI M^.AOER
Bakersfield Municipal Airport Ground Lease (Ward 1):
1)
Ground Lease Agreement with Raul Sanchez for purposes of leasing an aircraft
storage hangar at the Bakersfield Municipal Airport.
2)
Ground Lease Agreement with John Mackessy for purposes of leasing an aircraft
storage hangar at the Bakersfield Municipal Airport.
RECOMMENDATION: Staff recommends approval of Agreements.
BACKGROUND: Currently owner-hangar #101 is owned by Bruce Murray and exists on site at the
Airport. Mr. Murray has sold his plane and desires to transfer interest in Hangar #101 to Raul Sanchez.
This Ground Lease Agreement is for a period of twenty years with the option of two 5-year extensions.
The approximate size of the aircraft storage hangar is 1,500 square feet. This land lease generates $50
per month in revenue.
Currently owner-hangar #103 is owned by Bob Hooper and exists on site at the Airport. Mr. Hooper has
entered into an agreement with the City for a Ground Lease, has constructed a new hangar, and desires
to transfer interest in hangar #103 to John Mackessy. This Ground Lease is for a period of 20 years with
the option of two 5-year extensions. The approximate size of the aircraft storage hangar is 1,100 square
feet. This land lease generates $50 per month in revenue.
December 29, 2004, 11:45AM
G:\GROUPDAT~ADMINRPT~2005\01-12\SANCHEZ & MACKESSY GROUND LEASES.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~, hR.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
December 14, 2004
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY
ciTY MA. AGER
Amendment No. 5 to Agreement No. 99-334 with outside counsel, Duane Morris, LLP, for
legal services in the matter of North Kern Water Storage District v. Kern Delta Water
District, et al, Tulare County Superior Court Case No. 96-172919, in the amount of
$135,000, with a total contract amount not to exceed $660,000.
RECOMMENDATION:
City Water Board recommends approval of the amendment to the Agreement.
BACKGROUND:
The City has generally used the services of Attorney Colin Pearce, who is now a partner in the firm
of Duane Morris, LLP, as outside counsel on the above-entitled case. The retrial of the case in Tulare
County Superior Court has now concluded after approximately 8 weeks. As usual in these large cases,
trial expenses are high. After a judgment in the action we expect an appeal and additional costs and fees.
Additional funds are required for outside counsel to continue the case on the First Point matter.
This Amendment No. 5 to Agreement No. 99-334 would add $135,000 to the Not to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $660,000. This item was
presented to the Water Board at its public meeting on December 7, 2004. The amendment was reviewed
by the board and recommended to the City Council for approval.
ADD:dll
January 4, 2005, 4:41 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: 10, ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 27, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Amendment No. 1 to Agreement No. 04-194 (novation) changing the responsible party from
Coker EIIsworth, Inc., to Highland Knolls, LLC for construction of improvements to Tract
5696 located north of Highland Knolls Drive and east of Fairfax Road. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the Novation.
BACKGROUND:
Coker EIIsworth, Inc., entered into Agreement No. 04-194 with the City of
Bakersfield to secure the improvements required for Tract 5696 and has since sold
the subdivision to Highland Knolls, LLC. This Novation relieves Coker Ellsworth, Inc.
of its obligation and makes Highland Knolls, LLC, responsible for the construction of
the improvements required by Agreement No. 04-194
td
January 4, 2005, 4:28PM
G:\GROUPDAT'~ADMINRPT~2005\01-12\NOVATION FOR AGR 04-194 TRACT 5696.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: ID,~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 3, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
,~,.~PROVED
SUBJECT:
Construction Management Services for White Lane at State Route 99 Overcrossing
Widening and Interchange Improvements (Ward 7):
1. Amendment No. 3 to Consultant Agreement No. 03-236 with Parsons Brinckerhoff
Construction Services Inc. to increase compensation to the Consultant by $43,910
(for a total contract amount of $440,457) for Construction Management Services.
2. Appropriate $50,000 Transportation Development Fund Balance to the Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: The City of Bakersfield and Parsons Brinckerhoff Construction Services Inc. entered
into an agreement on July 30, 2003 for construction management services for the White Lane at State
Route 99 Overcrossing Widening and Interchange Improvement project. Due to the complexity and
duration of the project, a full time construction manager is required to inspect daily construction activities.
In the original agreement, it was the City's intention to support Parsons Brinckerhoff's Construction
Manager with additional City inspectors as necessary and once all structural elements were complete, the
City would supply all inspection. However, due to other ongoing construction, the Public Works
Construction Division was not able to provide this support and Amendment No. 1 to this agreement
addressed this issue. Amendment No. 2 to this agreement was due to the extended duration of the
project resulting from design errors.
Now, due to continuing unforeseen design errors and issues, the duration of this project will need to be
further extended. Therefore, the construction management services will also need to be extended through
project completion. Additional costs resulting from these delays due to errors by the City's Consultant,
URS, are expected to be reimbursed by URS.
January 4, 2005, 11:53AM
G:\GROUPDAT~ADMINRPT~2005~01-12~Admrpt Amendem/no.3 to 03-236.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: 10.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 16, 2004
APPROVED
DEPARTMENT HEAD ~ c~ ~'~:~
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Floor Dump Truck Body
1)
2)
Accept bid from The Trailer Company $38,872.76 for purchase and
installation of one (1) walking floor dump truck body for the City's compost
and recycling facility.
Appropriate and transfer $38,900 Refuse Service Fund Balance from the
Refuse Enterprise Fund to the Equipment Management Fund.
RECOMMENDATION: Staff recommends acceptance of bid and appropriation of funds.
BACKGROUND: The City's compost and recycling facility uses dump trucks to move greenwaste and
compost in the recycling process. The facility's dump trucks are former refuse roll off trucks "handed
down" from the refuse collection operation. As such, they are limited to carrying only 30 cubic yards per
load, and require extra time to unload compared to other types of dump trucks. Staff has observed other,
more efficient types of dump trucks for greenwaste handling, and has tested some units. Staff requested
bids from several truck body companies to retrofit one of the existing units with a more efficient type of
body. The body is a walking floor type, which can haul 40 cubic yards per load and unload with less time
and more smoothly than the roll off bodies now in use.
One (1) bid was received from approximately twenty (20) solicitations. Many of the non-bidding
companies told staff that their business is focused on production of standard, completely new units,
instead of fitting new bodies on existing trucks. The one bidder is a well established local company.
Staff recommends award of the bid to The Trailer Company and appropriation of funds from the refuse
fund balance. The new truck body will improve efficiency, resulting in operational savings well in excess of
the cost in the first two years of operation. As the service life of the truck body is at least seven years, this
will be a prudent use of funds.
Purchasing Division
DW:Ijm
P:~ADMIN~005 ADMIN\C05_0112_A_Floor Dump Truck Body.doc
December 20, 2004, 9:56AM
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
ITEM: [D, I,g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Interim Director
Recreation and Parks
December 29, 2004
DEPARTMENT HEAD
ClTY ATTORNEY
ClTY MANAGER
APPROVED
Accept Bid to Award Contract to Gospich Construction Company in the Amount of
$108,804, to furnish and install River Oaks Park Playground Equipment. 0Nard 4).
RECOMMENDATION: Staff recommends acceptance of bid and award of the contract.
BACKGROUND: The project consists of furnishing and installing new playground equipment, park
shelter, barbeque, and basketball goal at River Oaks Park.
Bid packets were sent out to eleven (11) contractors. Seven (7) bids were received. The lowest
responsible bid for River Oaks Park Playground Project totals $108,804. The project is funded with park
improvement funds. The single bid received is below the engineer's estimate for the project and is from a
contractor that has performed satisfactorily on similar projects in the past.
Seven (7) bids were received as follows:
Gospich Construction Co
10712 Enger Street
Bakersfield, CA 93312
in the amount of
$108,804
Sheffield Construction, Inc.
9105 Langley Road
Bakersfield, CA 93312
in the amount of
$118,124
Heisler Landscape General Engineering, Inc.
760 N. Batavia
Orange, CA 92868 in the amount of
$118,815
Anderson Burton Construction, Inc.
1131 El Camino Real
Arroyo Grande, CA 93420
in the amount of
$122,867
Brown and Fowler Construction
3008 Antonino Avenue
Bakersfield, CA 93308
in the amount of
$130,572
Januanj 4, 2005, 2:37PM
C:\DOCUME~l~schemab~.OCALS~l\Temp~GVVViewer~RiverOaksAdmin Rpt Form.doc
ADMINISTRATIVE REPORT
DMc Diagnostics and Engineering, Inc
2696 Lavery Court, Suite 2
Newbury Park, CA 91320
Malibu Pacific Tennis Courts, Inc
31133 Via Colinas, 1/107
Westlake Village, CA 91362
in the amount of
in the amount of
$148,700
$203,525
(kl)
December 30, 2004, 8:48AM
S:~2.004 Admin s\RiverOaksAd minRpt For m.dcc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO: ~/~PP.ROVED
FROM: DEPARTMENT HEAD
DATE: CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $125,000 in Asset Forfeiture revenue in the General Fund to contribute half the
cost of an electron microscope to the County of Kern to be utilized in Bakersfield Police Department and
Kern County Sheriff's Department investigations.
Honorable Mayor and City Council
William R. Rector, Chief of Police
December 30, 2004
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
A critical part of solving crime is the forensic evidence component. Incredible technological advances
have been made in this field with one of the most significant, the Scanning Electron Microscope (SEM).
Rather than using light waves for magnification, the SEM magnifies images by using electrons.
The cost of the microscope and associated equipment is $250,000 - cost prohibitive for most individual law
enforcement agencies. Because of the focus on terrorism, grant funding for this type of equipment has
been non-existent
The District Attorney's Regional Crime Lab does not currently have a Scanning Electron Microscope. The
repetitive costs of sending evidence away for SEM examination, the potential for chain of custody
problems, and the lengthy turnaround time result in few items being sent to out of town laboratories for
SEM examination.
The addition of a Scanning Electron Microscope to the District Attorney's Crime Lab will assist the Police
Department in many cases, both crimes against persons and property crimes, that may go unsolved. The
magnification capabilities of a SEM are far superior to any other microscope used by the District Attorney's
Lab. This feature will lead to more property crimes being solved by enhanced comparisons and trace
physical evidence matching. The SEM will be particularly useful in cases that hinge on shooter
identification by the presence of gunshot residue. By examining clothing or physical evidence from a
shooting suspect, the microscope will be able to positively determine the presence of microscopic
materials consistent with the firing of a weapon.
The Police Department and the Sheriff's Department have tentatively agreed to each contribute half of the
cost (@ $125,000) for this important piece of technology. Our contribution is contingent on the Sheriffs
Department receiving approval from the Board of Supervisors authorizing their financial participation. If
approved, the microscope will be purchased, owned, and maintained by the County and will be utilized by
specially trained District Attorney's Crime Lab Staff. Our portion of the funding for this equipment will be
from the Police Asset Forfeiture Fund.
/rcu
December 28, 2004, 4:22PM
P:~DMRPT~DMIN RPT - ElectronMicroscope.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: Consent Calendar
TEM: 10.rm.
TO:
FROM:
DATE:
SUBJECT:
1.
2.
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 22, 2004
APPROVED
DEPARTMENT HEAD ~
CI 'ATTORNE
CITY MANAGER
Audit Repods to be Referred to Budget and Finance Committee:
Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2004.
Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City
of Bakersfield for the fiscal year ended June 30, 2004.
Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2004.
Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2004.
Independent Auditors Report - Bakersfield Centennial Garden, Convention Center & Ice Sports
Center for the fiscal year ended June 30, 2004.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to as
the City's Annual Audit Report, for the fiscal year ended June 30, 2004. The CAFR represents the
City's financial statements as of June 30, 2004, which are audited by the accounting firm of Brown,
Armstrong, Paulden, McCown, Hill, Starbuck & Keeter.
Attached is the City's Single Audit Report for the fiscal year ended June 30, 2004. The Single
Audit Report pertains to federal program monies expended by the City during the specified fiscal
year. An Independent Audit is performed annually to review internal control procedures and
compliance with federal guidelines in accordance with Office of Management & Budget (OMB)
Circular A-133. This annual audit was performed by Brown, Armstrong, Paulden, McCown, Hill,
Starbuck & Keeter as part of their contract to provide auditing services to the City of Bakersfield.
The current compliance report issued by the outside auditors indicates that the City complied, in all
material respects, with federal grogram guidelines.
1 of 2
S:\KimG\Forms & Lables~Admin-~?,afl'2004.doc December 21, 2004, 4:08PM
ADMINISTRATIVE REPORT
Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield
Subregional Wastewater management Plan. The City's compliance with contract requirements is
audited on an annual basis. The current Compliance Report, issued by the outside auditors,
indicates that the City was two days late in submitting a tentative budget to the Technical Advisory
Committee for their review and approval. There were no other audit findings.
Attached is a letter from the City's independent auditors Brown, Armstrong, Paulden, McCown, Hill,
Starbuck & Keeter indicating they have completed their annual review of the Appropriations Limit
Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California
Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract
to provide auditing services to the City of Bakersfield. The agreed upon review procedures are
substantially less in scope than an audit and therefore no audit opinion is expressed regarding the
calculation.
Attached is the independent audit report for the Bakersfield Centennial Garden, Convention Center
& Ice Sports Center, for the fiscal year ended June 30, 2004. This audit report presents the
financial statements for this operational unit as of June 30, 2004. The City is under contract with
SMG to manage the Bakersfield Centennial Garden, Convention Center & Ice Sports Center
facilities. As part of the agreement, SMG is required to submit an independent audit report to the
City after the end of each fiscal year. This audit report was prepared by the accounting firm of
Barbich, Longcder, Hooper & King.
nks
2 of 2
S:\KimG\Forms & Lables~dmin'-'Cafl'2004.doc December 21, 2004, 4:08PM
ADMINISTRATIVE
REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION:
ITEM:
Heart ng
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
December 21, 2004
APPROVED
DEPARTMENT HE~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Adopting Fees Pursuant to the Cost Recovery System.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND:
State law requires new fees and charges, as well as increases in exisiting fees and charges, be
adopted by ordinance or resolution following a public hearing. The City's procedure is provided
for in Chapter 3.70 of the Bakersfield Municipal Code.
Staff has recently performed a review of Fireworks Permit Fees to comply with the Fireworks
Ordinance (BMC 8.44.040) and determined that fee increases are needed to fund the cost of
processing applications, inspections and enfomement of businesses as set forth in Section
3.70.04 of the Cost Recovery System. This information was reviewed by the Budget & Finance
Committee on December 17, 2004 and recommended its approval and is being forwarded to the
full Council for their consideration.
The following is a summary of the fees proposed to change and the increase recommended by
staff to the Master Fee Schedule as presented on Exhibit "A".
A-INSPECTION FEES & SERVICES
A-10 FIRE SAFETY REVIEW/INSPECTION
Application Fee-
Building,City Clerk,Fire Finance
Current Proposed
$ o.o0 $ 40.00
Permit Fee:
Processing-
Finance, Plan/Build, Risk, Traffic 49.00 90.00
Inspections-
Fire 52.00 113.00
Enforcement-
S:\COREY~ADMIN~FEES.DOC
ADMINISTRATIVE REPORT
Fire and Police 0.00 97.00
Total Permit Fee 101.00 300.00
Electrical Permit 40.00 40.00
Clean Up Deposit 100.00 100.00
Total Fees and Deposits $241.00 $480.00
Exhibit "A" Proposed Master Fee Schedule for 2004-05: The attached schedule is a
comprehensive list of all fees authorized under the cost recovery program and is recommended
to be adopted by resolution.
Exhibit "B" Proposed Master Fee Schedule for 2004-05 - Proposed Changes Only: The
attached schedule is a complete list of those fees that staff is proposing to add, increase or
decrease.
S:\COREY~ADM IN-FEES.DOC
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
IAGENDA SECTION: Reports
ITEM: I~,. 0.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
January 4, 2005
DEPARTMENT HEAD
CITY A'I'rORNEY
CITY MANAGER
Report on the Vehicle License Fee Gap Financing Program
APPROVED
RECOMMENDATION:
BACKGROUND: Assistant City Manager, John W. Stinson, will present a brief overview of the Vehicle
License Fee Gap Financing Program.
January 4, 2005, 10:31AM
S:~Admin Rpts~005~VLF Report 011205.dot
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005 AGENDA SECTION: New Business
ITEM: I~),a. ·
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
John W. Stinson, Assistant City Manager DEPARTMENT HEAD
January 4, 2005 CITY ATTORNEY
CITY MANAGER
Memorandum of Understanding with the County of Kern regarding apportiot~ment of
property tax revenue for annexations
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In 1995 the City and County entered into a Memorandum of Understanding regarding the
apportionment of property tax revenues when property is annexed by the City. This agreement
provided conditions under which a standard tax split formula could be applied and agreed to in
advance. Annexations that do not meet the criteria outlined in this agreement must have the tax split
negotiated on a case by case basis. Most City annexation tax splits are covered by this agreement.
This M.O.U. streamlined and simplified the annexation process for both the City and County. It also
provided some certainty to the process for those wanting to be annexed to the City. This agreement
was for a ten year period and is to expire in September of 2005.
Staff has met with County administrative staff regarding extending the M.O.U. as well as suggesting
several technical changes to the agreement. The recommended changes include making the term of
the agreement 20 years; adjusting dollar amounts in the agreement to reflect inflation; providing a
mechanism to annually adjust the dollar amounts in the future by the CPI; eliminating or clarifying
references to state law as appropriate or necessary due to changes in law; changing the definition of
substantially surrounded from 85% to 65% surrounded by unincorporated properties; and inclusion of a
category for annexation of transportation corridors. This new category will facilitate the annexation of
transportation corridors (as defined in the General Plan) in advance of development of transportation
facilities by the City.
County staff is in agreement with the proposed changes and is recommending approval by the Board of
Supervisors.
(jws)
January 4, 2005, 10:39AM
S:~Adrnin Rpts~005~Annexation Property Tax MOU Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2005
AGENDA SECTION: NEt~ BUSINESS
ITEM: I~, ~.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: December 21, 2004 CITY AI'FORNEY
CITY MANAGER
SUBJECT:
City Council Policy regarding Park and Landscape Maintenance Districts
RECOMMENDATION:
Budget and Finance Committee recommends adoption of Resolution
BACKGROUND:
Staff has completed a review of the City's maintenance district policies, practices and costs over the past
several months. As a result of this review, it was determined that maintenance district assessments have
not kept up with inflation or with current budgeted costs for providing these services. For over eight years
since the passage of Proposition 218 there has been no increase in the assessment for the maintenance
districts because of the new vote requirement to increase rates. Additionally, because assessments have
not kept pace with inflationary cost increases there has been an increase in the General Fund subsidy
provided to the consolidated park and landscape maintenance district. Since the General Fund has been
hit hard by State revenue captures the quality of maintenance in the medians has deteriorated. Staff has
formulated a new draft schedule of rates for the consolidated park and landscape maintenance districts
which reflects FY 2003-04 costs.
The Budget and Finance Committee met and staff presented two recommendations to address the
inflationary cost increases mentioned above. They were 1) That all new areas added to the consolidated
park and landscape maintenance district districts are to be formed using the updated new rates and 2)
That staff also apply an annual cost of living factor to the new areas added to the consolidated park and
landscape maintenance district.
Recommendation 1 would mean that when newly developed areas are added to the consolidated
maintenance district they would agree to pay their assessments based upon the updated FY2003-04
costs, not the existing rates which are based on costs in 1996. Recommendation 2 would mean newly
developing areas would also agree to additionally provide for an annual cost of living increase based on
the consumer price index. This would ensure that assessments for these areas keep up with inflationary
December 30, 2004, 4:59PM
S:~OHN\Council Committees',Budgel & Finance\Maintenance Dist. Reso Admin.doc
ADMINISTRATIVE REPORT
cost increases. Both of these recommendations if implemented, would over time help slow down the
increase in the General Fund subsidy to the consolidated park and landscape maintenance district.
The two recommendations above are relatively straight forward to implement since they involve newly
developing areas which would agree to the higher assessment and annual CPI adjustments by a 218
ballot signed by the property owners when they request to be added to the consolidated maintenance
district. The recommendation does not include the existing areas within the consolidated park and
landscape maintenance districts. These areas would still retain the assessments based on 1996 costs.
The Budget and Finance Committee supports approval of both staff recommendations listed above.
The attached Resolution implements the proposed policy change to the City's Park and Landscape
Maintenance District assessment procedure.
(jws)
December 30, 2004, 4:59PM
S:~JOHN\Council Committees~Budget & Ftnance~Maintenance Dist. Reso Admin.doc
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
DECEMBER 15, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent: None.
Invocation by Dr. David Goh, Senior Pastor, Bakersfield
Community Church at the Garden.
Presentation of Colors and Pledge of Allegiance by the North
High School Marine Corps Junior ROTC.
Mayor Hall recognized Assemblyman Kevin McCarthy,
Supervisor Ray Watson and Russell Johnson on behalf of
Senator Roy Ashburn.
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.
Motion by Vice-Mayor Couch to adopt Resolution 303-04
declaring the results of the General Municipal Election for the
election of Councilmembers for Wards 2, 5, and 6, and the
Special Municipal Election forthe Election of Councilmemberfor
Ward 7, held in the City of Bakersfield on November 2, 2004.
Mayor Hall made remarks and presented out-going
Councilmember Salvaggio with a portrait and a clock.
Vice-Mayor Couch made comments and presented
Councilmember Salvaggio with a commemorative scrapbook.
RES 303-04
APPROVED
Bakersfield, California December 15, 2004 - Page 2
INSTALLATION continued
Russell Johnson, on behalf of Senators Roy Ashburn and
Dean Florez, presented Councilmember Salvaggio a State
Senate Resolution acknowledging his service and contribution
to the City of Bakersfield.
Councilmember Salvaggio thanked his wife Laura for her
support during his term; introduced his children and made
parting comments.
b. Administration of Oath of Office.
Assistant City Clerk Gafford administered the Oath of Office
to Sue Benham, Harold Hanson, Jacquie Sullivan and Zack
Scrivner.
Statements were made by the newly elected
Councilmembers and Mayor Hall.
Benediction by Dr. David Goh, Senior, Pastor, Bakersfield
Community Chumh at the Garden.
Mayor Hall invited everyone to enjoy refreshments in the
lobby and announced the meeting would reconvene at 6:30
p.m.
Meeting adjourned at 5:59 p.m.
ACTION TAKEN
RECONVENED MEETING - 6:30 p.m.
3. ROLLCALL
Present;
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Scrivner
Absent: None.
INVOCATION by Dr. David Goh, Senior Pastor, Bakersfield
Community Church at the Garden.
PLEDGE OF ALLEGIANCE by Anthony Lee, Kindergarten Student,
Downtown Elementary School.
Mayor Hall recognized Boy Scout Troop 442, from the
Westside Church of Christ, in attendance at the meeting.
Bakersfield, California December 15, 2004 - Page 3
PRESENTATIONS
Presentation by Mayor Hall of Retirement Plaque and Gift
Certificate to Jack L. Hardisty, Development Services
Director.
Mayor Hall presented Mr. Hardisty with a Gift Certificate and
Plaque honoring his service of more than twenty-three years
to the City of Bakersfield.
PUBLIC STATEMENTS
Stan Shires spoke on behalf of the 34t~ Street Neighborhood
Partnership, and presented a Certificate of Appreciation to the
Council for commitment to graffiti removal and beautification
of the City.
APPOINTMENTS
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.
City Clerk McCarthy announced there are two appointments
necessary, both incumbents have requested appointment to
another term and therefore a ballot does not need to be
conducted.
Motion by Vice-Mayor Couch to re-appoint Percy Robinson and
Gonzalo Ramirez each to another three year term on the
Miscellaneous Civil Service Board.
One appointment to the Police Civil Service Board due to the
expiration of term of William R. Perry, term expiring
December 31, 2004.
City Clerk McCarthy announced there were two applications
received for the vacancy however, applicant Percy Robinson
has been appointed to the Miscellaneous Civil Service Board
leaving Mr. Perry the sole applicant, therefore no balloting is
required.
Motion by Vice-Mayor Couch to re-appoint William R. Perry to a
three year term on the Police Civil Service Board.
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California December 15, 2004 - Page 4
APPOINTMENTS continued
Two appointments to the Keep Bakersfield Beautiful
Committee due to the expiration of terms of Dana Kamher
(Ward 2) and David Taylor (Ward 5), terms expire December
2004.
City Clerk McCarthy announced both incumbents are seeking
reappointment.
Motion by Councilmember Benham to reappoint Dana Karcher
as the Ward 2 representative to the Keep Bakersfield Beautiful
Committee for another four year term.
Motion by Councilmember Hanson to reappoint David Taylor as
the Ward 5 representative to the Keep Bakersfield Beautiful
Committee for another four year term.
Appointment of Stan Grady, Incoming Development Services
Director, to the Metropolitan Bakersfield Habitat Conservation
Plan Trust Group due to the retirement of Jack Hardisty.
Motion by Vice-Mayor Couch to appoint Stan Grady to succeed
Jack Hardisty on the Metropolitan Bakersfield Habitat
Conservation Plan Trust Group.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
CONSENT CALENDAR
Minutes:
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.
Bakersfield, California December 15, 2004 - Page 5
CONSENT CALENDAR continued
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)
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:
Resolution adopting the McDonald Planned Sewer
Area and making findings thereto.
Adoption of Ordinance amending Section 16.32.060
of the Municipal Code relating to sewer facilities.
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.
ACTION TAKEN
FR
FR
ABS MAGGARD
FR
RES 304-04
ORD 4226
RES 305-04
RES 305-04
Bakersfield, California December 15, 2004 - Page 6
CONSENT CALENDAR continued
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.
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.
ACTION TAKEN
RES 307-04
RES 308-04
ABS MAGGARD
RES 309-04
RES 310-04
RES 311-04
RES 3~2-04
RES 3t3-04
RES 3'~4-04
RES 3f5-04
Bakersfield, California December 15, 2004 - Page 7
CONSENT CALENDAR continued
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 3-28
(Progress, Panama Ln. NW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
y. Lease to Own - Home Ownership Program:
Resolution approving the agreement with Pacific
Housing & Finance Agency (a Joint Powers Authority)
to promote home ownership in the City of Bakersfield.
Joint Powers Agreement with Pacific Housing &
Finance to promote home ownership in the City of
Bakersfield.
ACTION TAKEN
RES 316-04
ROI 1351
ROI 1352
ROI 1353
ROI 1354
ROI 1355
ROI t356
RES 317-04
AGR 04-340
Bakersfield, California December 15, 2004 - Page 8
CONSENT CALENDAR continued
Assessment District No. 04-2 (Brighton Parks/Brighton
Village/Stockdale at Allen Commercial/Cherry Hill II):
Resolution accepting petition and determining to
undertake special assessment proceedings.
2. Resolution approving boundary map.
3. Resolution of Intention No. 1357.
Resolution approving acquisition and disclosure
agreements and authorizing changes thereto and
execution thereof.
Agreement with Wilson & Associates for assessment
engineering.
Agreement with Orrick, Herrington & Sutcliffe, bond
counsel, for legal services.
aa. 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 $28,000.00.
Contract with Robert B. Moss, Jr, Architectural
Specialties (not to exceed $28,000.00) for repair and
replacement of fire station overhead doors.
bb.
Resolution making findings and determination regarding
commitment of unexpended park acquisition and development
fees.
ACTION TAKEN
RES 318.04
RES 3~9-04
RES 1357
RES 320-04
AGR 04-341
AGR 04-342
AGR 04-343
AGR 04-344
RES 32~-04
AGR 04-345
RES 322-04
Bakersfield, California December 15, 2004 - Page 9
CONSENT CALENDAR continued
Agreements:
cc. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Pulte
Home Corporation for Tract 6149 Phase I and 2
located south of State Route 178 and west of
Miramonte Drive.
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.
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
Renfro Rd.
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.
Final Map and Improvment Agreements with McMillan
Albany, LLC for Tract 6169 Phases 1 and 7 located
north of Panama Lane and west of Progress Road.
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.
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.
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.
Improvement Agreement with Granite Falls, LLC, for
Parcel Map 11053 located north of Granite Falls Drive
and west of Coffee Road.
ACTION TAKEN
AGR 04-346
AGR 04-347
AGR 04-348
AGR 04-349
AGR 04-350
AGR 04-351
AGR 04-352
AGR 04-353
AGR 04-354
AGR 04-355
AGR 04-356
AGR 04-357
AGR 04-358
AGR 04-359
AGR 04-360
AGR 04-361
AGR 04-362
AGR 04-363
AGR 04-364
AGR 04-365
AGR 04-366
AGR 04-367
AGR 04-368
Bakersfield, California December 15, 2004 - Page 10
CONSENT CALENDAR continued
dd. Police Department Towing Services:
Agreement with Louie's Towing to provide towing
services.
Agreement with Golden Empire Towing to provide
towing services.
ee. Earthmoving, Hauling and Equipment Rental:
Amendment No. 3 to Agreement No. 03-156 with
Gilliam & Sons, Inc. ($300,000.00 increase for a
revised notto 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):
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.
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.
ACTION TAKEN
AGR 04-369
AGR 04-370
A GR 03-156(3)
AGR 04-37~
AGR 04-372
AGR 04-373
AGR 04-374
AGR 04-375
AGR 04-376
AGR 04-377
hh. Agreement with County of Kern ($913,787.00) for jail booking AGR 04-378
fees.
Bakersfield, California December 15, 2004 - Page 11
CONSENT CALENDAR continued
ii. Park at South Oswell Street and Redbank Road:
Agreement with ADH Corporation ($111,600.00) for
acquisition of park land for South Oswell Park.
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.
kk.
Amendment No. 1 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.
Bids:
II.
Accept bid and award contract to Loop Electric ($29,361.00)
for street light installation on Stockdale Highway from
McDonald Way to Stine Road,
mm. Accept bid and award contract to Loop Electric ($124,960.00)
for Brundage Lane streetlighting project.
nn.
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.
oo.
Culvert Reconstruction - South "P" Street at Kern Island Canal
- Central Branch:
Award contract to StructureCast Inc. ($90,000.00) to
manufacture a precast culvert.
Accept bid and award contract to Granite Construction
($215,015.00) to reconstruct the canal culvert.
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.
ACTION TAKEN
AGR 04-379
AGR 04-380
AGR 04-38t
AGR 04-382
AGR 04-383
AGR 04-384
AGR 04-385
AGR 04-386
AGR 04-387
10.
Bakersfield, California December 15, 2004 ~ Page 12
CONSENT CALENDAR continued
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:
Accept $14,000.00 grant for purchase of EMS
permanent jackets.
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.
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.
Motion by Vice-Mayor Couch to approve the Consent Calendar.
CONSENT CALENDAR HEARINGS
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.
Hearing opened at 6:54 p.m.
No one spoke.
Hearing closed at 6:55 p.m.
ACTION TAKEN
APPROVED
RES 323-04
Motion by Vice-Mayor Couch to approve Consent Calendar APPROVED
Hearing.
11.
Bakersfield, California December 15, 2004 - Page 13
HEARINGS
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 comments by Public Works Director Rojas who noted
this item involves the Westside Parkway and the Mohawk
Interchange and not the Westside Parkway and West Beltway
Interchange.
Hearing opened at 6:58 p.m.
No one spoke.
Hearing closed at 6:58 p.m.
Motion by Vice-Mayor Couch to approved the 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 comments by Public Works Director Rojas who noted
this item involves the Westside Parkway and the Mohawk
Interchange and not the Westside Parkway and West Beltway
Interchange.
Hearing opened at 7:00 p.m.
Tom DeNatalie, Esq. spoke on behalf of Mr. and Mrs. Mangus
in opposition to the staff recommendation if the strip of land
along Rosedale Hwy is included.
Public Works Director Rojas stated there is a mistake in the
legal description and the strip of land along Rosedale is in fact
excluded.
Motion by Vice. Mayor Couch to approve the Resolution with
correction to the legal description of the property.
ACTION TAKEN
RES 324-04
APPROVED
RES 325-04
APPROVED
12.
13.
Bakersfield, California December 15, 2004 - Page 14
NEW BUSINESS
a. Election of Vice-Mayor.
Motion by Vice-Mayor Couch to elect Councilmember Maggard
Vice-Mayor for the upcoming two year term.
MAYOR AND COUNCILSTATEMENTS
Vice-Mayor Maggard expressed appreciation to Council for electing
him Vice-Mayor.
Vice-Mayor Maggard provided clarification regarding his
direction/motion last meeting not to process Contract Change Orders
increasing expenditure for the Stockdale Hwy. Park exceeding the
five per cent error margin.
Vice-Mayor Maggard expressed satisfaction at the passage of item
9.n. on the Consent Calendar, which supports mitigation of ozone
precursor and particulate matter emissions from railroad related
operations.
Vice-Mayor Maggard thanked retiring Development Services Director
Jack Hardisty for his service to the City and complimented Mr.
Hardisty's professional and personal demeanor.
Vice-Mayor Maggard welcomed newly sworn Ward 7 Councilmember
Zack Scrivner.
Councilmember Benham welcomed Councilmember Zack Scrivner.
Councilmember Benham requested staff provide updated
studies regarding the downtown street grid.
Councilmember Benham requested staff identify strategies in
order to more effectively enforce commercial requirements at
Montgomery World Plaza.
Councilmember Benham expressed appreciation for Mr. Hardisty's
service to the City; complimented his vision regarding the City's
growth, and his personal grace and style in conducting business.
Councilmember Benham wished the community a happy holiday
season.
Councilmember Carson thanked Mr. Hardisty for his exemplary
service to the City.
ACTION TAKEN
APPROVED
13.
Bakersfield, California December 15, 2004 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Carson congratulated re-elected Councilmembers
and welcomed new Councilmember Scrivner.
Councilmember Carson complimented the Christmas parade and
thanked the Fire Department for allowing her to ride on the fire truck.
Councilmember Carson extended Christmas greetings to the
community.
Councilmember Hanson congratulated new Councilmember Scrivner,
re-elected Councilmembers and Councilmember Maggard on his
selection as Vice-Mayor.
Councilmember Hanson requested the Legislation and Litigation
Committee review the sign Ordinance, regarding illegal posting
of signs in neighborhoods.
Councilmember Hanson requested information regarding the process
when a citizen complaint is received regarding timing of park lights.
Mr. Tandy responded.
Councilmember Hanson wished everyone a safe and happy holiday
season.
Councilmember Sullivan thanked Mr. Hardisty for his dedicated
service and extended wished for a happy, healthy retirement.
Additionally she welcomed Stan Grady as the new Development
Services Director.
Councilmember Sullivan requested staff repair potholes at the
intersection of Oceanwood and Robinwood; additionally repairs
are needed for the streets south and west of Highland High
School.
Councilmember Sullivan provided an update regarding the
speeding/drag racing on Ming Avenue, and encouraged additional
enforcement.
Councilmember Sullivan requested abatement of graffiti in the
vicinity of Ridgeview High School and promotion of the new
anti-graffiti website after the first of the year.
Councilmember Sullivan welcomed Zack Scrivner and extended
holiday wishes to everyone.
ACTION TAKEN
Bakersfield, California December 15, 2004 - Page 16
13.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Scrivner thanked the Mayor and Councilmembers for
the warm welcome extended upon his being seated as
Councilmember from Ward 7; the constituents in Ward 7 for
extending him the opportunity to serve; additionally he expressed
appreciation to staff for immediate response to his concerns.
Councilmember Scrivner extended Mr. Hardisty warm wishes upon
his retirement and thanked him for his years of service to the City.
Councilmember Scrivner extended warm holiday wishes to the
community.
Vice. Mayor Maggard requested staff assure the curb and gutter
issues near Highland High School are/have been addressed.
Councilmember Couch congratulated re-elected Councilmembers,
new Councilmember Scrivner and Councilmember Maggard on his
election as Vice-Mayor.
Councilmember Couch thanked Jack Hardisty for his service to the
City and for his judgement and professionalism while performing that
service.
Councilmember Couch requested staff provide a cost benefit
analysis regarding the City's membership in the League of
California Cities.
Councilmember Couch identified goals he wishes to be
accomplished in the next few years:
Separation of Grade on Rosedale near the Landco
interchange
Solicit cooperation of school districts so that
incorporation of deceleration lanes is part of the building
process when a new school is built
Convert the status of Hwy. 204 (Golden State Hwy.) to
local road
Reform of RV parking regulations
Enforcement of regulations prohibiting small motor
scooters and quads from using City streets and bike
paths
Bicyclist to be cited for riding against the flow of traffic
or without helmets
Councilmember Couch extended holiday wishes to the Council, staff
and community.
ACTION TAKEN
15,
14.
Bakersfield, California December 15, 2004 - Page 17
MAYOR AND COUNCIL STATEMENTS continued
Mayor Hall provided an update regarding his recent trip to Queretaro
Mexico and requested Council support of the impending
establishment of a Sister City relationship between Bakersfield and
Queretaro.
Mayor Hall thanked Councilmember Couch for his service as Vice-
Mayor.
Mayor Hall announced the swearing in for his next term will be on
January 3, 2004 at 7:00 p.m.
Mayor Hall made comments regarding the retirement of Development
Services Director and his excellent service to the City.
Mayor Hall extended holiday greetings to the Council, staff and
community.
ADJOURNMENT
Mayor Hall adjourned the meeting at 7:40 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California