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HomeMy WebLinkAbout04/13/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA APRIL 13, 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. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session, pursuant to Government Code Section 54957. RECONVENED MEETING - 6:30 p.m. 4. ROLL CALL 5. INVOCATION by Reverend Madeline K. Elsea, Trinity United Methodist Church. 6. PLEDGE OF ALLEGIANCE by Prnay Chopra, 6~h Grade Student at St. John's Lutheran School. 7. CLOSED SESSION ACTION 8. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to LaNeice Kersten, Bakersfield Association of Realtors, and Maribel Reyna, City Economic Community Development Department proclaiming April, 2005, as "Fair Housing Month". b. Presentation by Mayor Hall of Proclamation to David Taylor, Chairperson, Keep Bakersfield Beautiful Committee, proclaiming April, 2005, as "Keep Bakersfield Beautiful Month". 9. PUBLIC STATEMENTS 10. APPOINTMENTS a. Two (2) appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of Don Cohen and Robert Martinez, terms expire April 22, 2005. Staff recommends Council determination. 11, CONSENT CALENDAR Minutes: a. Approval of minutes of the March 30, 2005 Council Meeting. Payments: b. Approval of department payments from March 18, 2005 to March 31,2005 in the amount of $9,231,178.72 and self insurance payments from March 18, 2005 to March 31, 2005 in the amount of $209,018.06. 11. CONSENT CALENDAR continued (Ward 4) (Ward 2) (Ward 3) (Ward 2) (Ward 2) (Ward 1,7) Ordinances: First Reading of Ordinance adding Section 16.16.110 to the Municipal Code relating to approval of development entitlement conditioned on indemnification of City. First Reading of Ordinance adding Section 2.28.120 to the Municipal Code relating to Planning Department - general plan consistency findings. Adoption of Ordinance amending Chapter 15.72 of the Municipal Code relating to Historic Preservation Commission. (FR 03/30/05) Adoption of Ordinance amending Chapter 5.14 of the Municipal Code relating to applications for and renewal of cabaret permits. (FR 03/30/05) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from an A (Agriculture) to E (Estate) on 56.49+ acres, located on the southwest corner of Calloway Drive and Etchart Road. (ZC04-1508) (Applicant: Dewalt Corporation/Adavco). (FR 03/30/05) Resolutions: Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2005-06 to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. Resolution adding territory, Area 4-38 (Columbus, Haley 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 4-39 (14th, "Q" SW) 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 determining that two graffiti trucks cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $70,000.00. 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 Estanislao Corona and Cynthia Corona, 5100 Elysium Street, to pay sewer connection fee in installments and notice of special assessment lien. Agreement with Arturo Gutierrez and Gloria Gutierrez, 6730 Lowry Street, to pay sewer connection fee in installments and notice of special assessment lien. Resolution authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. 2 11. CONSENT CALENDAR continued Agreements: (Ward 5,7) n. (Ward 1,4,5,6,7) O. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with GMAC Model Home Finance, Inc. and Lennar Homes of Califomia, Inc. for Tract 6313 located south of the Southern Pacific Railroad Right of Way on the east side of Buena Vista Road. Final Map Improvement Agreements with Ennis Homes Inc. for Tract 6165 Unit 2 located south of Harris Road and east of Akers Road. Agreements to indemnify LAFCO for the following annexations: 1. Annexation No. 440, Proceeding No. 1403 - uninhabited territory located at the southwest corner of Panama Lane and Gosford Road (contains approximately 300 acres). 2. Annexation No. 453, proceeding No. 1404 - uninhabited territory located in two areas as follows: north of Rosedale Highway, east of Henry Lane (containing 1.56 acres) and east of Cottonwood Road, generally south of Panama Lane (consists of 61.83 acres). 3. Annexation No. 459, Proceeding No. 1401 - uninhabited territory located south of Brite Street (south of Highway 58) generally located between Hughes Lane and South H Street (consists of 2 acres). Annexation No. 460, Proceeding No. 1411 - uninhabited territory located at the southeast corner of Stine Road and McKee Road (contains 15 acres). Annexation No. 461 Proceeding No. 1405 - uninhabited territory located at the southwest corner of Reina Road and Allen Road (contains 57 acres). Annexation No. 469 Proceeding No. 1406 - uninhabited territory located at the northwest corner of Brimhalt and Calloway (containing 7.6 acres). 8. 9. 10. Annexation No. 470 Proceeding No. 1409 - uninhabited territory located north of Taft Highway, generally west of Stine Road (contains 29 acres). Annexation No. 471 Proceeding No. 1412 - uninhabited territory located at the northwest corner of Allen Road and Kratzmeyer Road (contains 80 + acres). Annexation No. 474, Proceeding No. 1414 - uninhabited territory located south of McKee Road, generally east of Wible Road (contains 15 + acres). Annexation No. 476, Proceeding No. 1408 - uninhabited territory located south of Hosking Avenue, generally east of South Union Avenue (contains 178 acres). Annexation No. 177, Proceeding No. 1410 - uninhabited territory located north and south of Taft Highway, generally between Stine Road and Ashe Road (contains 187 acres). 3 11. CONSENT CALENDAR continued (Ward 1) (Ward 4) (Ward 7) (Ward 5) p. Fire Station and Police Substation on East White Lane: Bids: V. Agreement with RRM Design Group ($323,491.00) for design of the new Fire Station and Police Substation on East White Lane east of South Union Avenue. Appropriate $52,767.00 Community Development Block Grant Funds to the Economic and Community Development, Capital Improvement Budget for design services. Transfer $20,955.00 Community Development Block Grant Funds from the Economic and Community Development Operating Budget to the Capital Improvement Budget. Amendment No. 1 to Agreement No. 04-281 with Nossaman, Guthner, Knox & Elliot, LLP ($30,000.00, total amount not to exceed $90,000.00) for legal services in the matter of critical habitat designation of Buena Vista Lake shrew. Amendment No. 1 to Agreement No. RP05-005 with Slater Plumbing & Mechanical, Inc. (not to exceed $42,225.00) for additional plumbing work on Planz Pool. Appropriate $20,450.00 Park Improvement Fund balance for additional plumbing work on Planz Pool. Amendment No. 4 to Agreement No. 03-156 with Gilliam & Sons, Inc. ($350,000.00 increase, for a revised not to exceed amount of $1,420,000.00) for earthmoving and hauling services. Water Meters for the Water Resources Department: Amendment No. 1 to Agreement No. 04-098 with National Water Works ($285,000.00, for a revised not to exceed amount of $570,000.00) to extend agreement for twelve (12) months for water meters. Amendment No. 1 to Agreement No. 04-099 with AMCO Water Metering Systems, Inc. to extend agreement for twelve (12) months for water meters. Environmental Impact Report (EIR) Preparation for Panama-Gosford Project: Amendment No. 1 to Agreement No. 04-117 with Gosford-Panama Partners, LLC ($40,375.00) for the preparation of an EIR. Amendment No. 1 to Agreement No. 04-118 with RBF Consulting ($40,375.00) to prepare an EIR for GPA/ZC 04-0057. Appropriate $40,385.00 developer's contribution to the development fund for the Development Services operating budget. Accept bid to award annual contract to Pavement Recycling Systems, Inc. (not to exceed $400,000.00) for cold planing for the Streets Division. Extend bid from Jim Burke Ford ($52,803.96) for four (4) additional midsize two-wheel drive pickups with extended cab option for Development Services. 11. 12. (Ward 5) 13. 14. 15. 16. 17. pi 04/07/05 8:15am CONSENT CALENDAR continued Miscellaneous: x. Appropriate $105,000.00 Off Street Parking fund balance to the Economic Development operating budget for current fiscal year operation management costs of the 18~h & Eye Parking Structure. y. Quitclaim Deed with David M. and Maria H. Mendoza of City's right, title and interest only in and to the lands formerly occupied and/or encumbered by the "Castro Ditch" real property located on Alamo Street near Mona Way. Staff recommends adoption of Consent Calendar items a through y. CONSENT CALENDAR HEARINGS a. Hearing to consider resolution ordering the vacation of Progress Road between Harris Road and Panama Lane, (Staff recommends adoption of resolution.) HEARINGS REPORTS a. Aquatic Safety Awareness Program Report. (Staff presentation byAlan Christensen, Inter#n Recreation and Parks Director and Holly Larson, Recreation Super~isor) Staff recommends Council determination. NEW BUSINESS a. Safe Roads Committee - County-wide Workshops. Staff recommends Council discussion. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectively submitted, Alan Tandy City Manager AGENDA HIGHLIGHTS APRIL 13, 2005 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be a performance evaluation of the City Manager. APPOINTMENTS There will be two appointments to the Bakersfield Redevelopment Agency. CONTINUATION OF REGULAR MEETING - 6:30 p.m. CONSENT CALENDAR Ordinances Item 11c. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Approval of Development Entitlement Conditioned on Indemnification of City. Currently, developers must sign an indemnification agreement as part of the approval process for development projects. Additionally, indemnification language is included in all development agreements. Staff is recommending that the indemnification requirement be included in an ordinance. Item 11d. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Planninq Department - General Plan Consistency Findinqs. Typically, an action necessitating General Plan consistency findings are initiated by either the Public Works Department or Property Management, and is reviewed and preliminarily approved by the Planning Division. The findings are then made by the Planning Commission. This ordinance will provide that all General Plan consistency findings will be delegated to the Planning Director, or his designee. This will eliminate the need to schedule these items for Planning Commission consideration. Resolutions Item 11k. Resolution Determininq that Two Graffiti Trucks Cannot be Reasonably Obtained Throuqh the Usual Biddinq Procedures and Authorizinq the Finance Director to Dispense with Biddinq Therefore, in an amount not to exceed $70,000. City staff has located two graffiti trucks that are currently available at the 3- Way Chevrolet dealership. These trucks would provide the additional resources needed to abate increased graffiti activity. Aqreements Item 11p. Aqreement with RRM Desiqn Group for Desiqn of the New Fire Station and Police Substation on East White Lane, East of South Union Avenue in the amount of $323,491. The existing fire station was not designed to accommodate the apparatus and equipment that is currently being used by the Fire Department, and needs to be better centralized within its fire response area. The existing Police Substation at 3945 Hughes Lane is also not located to adequately serve the residents of the area. Based on interviews by a Selection Committee comprised of senior staff from the Fire Department, Police Department and Public Works Department, the firm of RRM Design Group was found to have the combination of qualifications and fee proposal which is most favorable for the City. Staff recommends appropriation and transfer of Community Development Block Grant Funds from the Economic and Community Development Operating Budget to the Capital Improvement Budget to fund the design work. Agenda Highlights April 13, 2005 Page 2 Items 11r. Amendment No. I to Aqreement No. RP05-005 with Slater Plumbinq & Mechanical, Inc. for Additional Plumbinq Work on Planz Pool in an amount not to exceed $25,000 (total contract amount $42,225). Upon commencing the project, the contractor discovered that additional plumbing work would be needed to complete the project. The work being performed at Planz Pool is relatively minor, and will not trigger additional ADA repairs or other State health code repairs currently covered under the "grandfather" clause of this pool. The original agreement with Slater Plumbing was in the amount of $21,775. Because it was a department agreement less than 25,000, it did not need CounciI approval. However, because we are amending the agreement in an amount not to exceed $25,000, it requires City Council approval. The amended total amount will be $42,225. The Department will charge the additional amount to the Park Improvement Fund balance. Item 11u. Environmental Impact Report Preparation for Panama-Gosford Project. This project necessitated considerable unforeseeable environmental work for comments received for the draft EIR, which caused increases in consultant time and materials. As a result, the developer is being required to provide an additional $40,375 to offset costs. Bids Item 11v. Award Annual Contract to Pavement Recyclinq Systems, Inc for Cold Planinq for the Streets Department in the amount of $400,000. This contract is used primarily by the Streets Division to prepare neighborhood streets for paving. Although seven firms were invited to bid, and the notice was published in the newspaper, only one bid was received. Staff recommends awarding the contract to Pavement Recycling Systems, Inc. CONSENTCALENDAR HEARINGS Item 12a. Resolution Orderin(~ the Vacation of Proqress Road between Harris Road and Panama Lane. Porter Robertson, on behalf of McMillin Albany, LLC, developers of Tract No. 6169 (Phases 1 through 8), has requested vacation of a portion of Progress Road in compliance with the conditions of their approved Tentative Maps for the tracts. Progress Road between Harris Road and Panama Lane is not designated as an Arterial or Collector under the Circulation Element of the Metropolitan Bakersfield General Plan. No City department objected to the proposed vacation, and there are no facilities in the vacating area. This matter was found by the Planning Commission to be consistent with the 2010 General Plan. REPORTS Item 14a. Report reqardinq the Aquatic Safety Awareness Proqram. Alan Christensen, Interim Recreation and Parks Director, and Recreation Supervisor, Holly Larson, will give an oral report on this program. NEW BUSINESS Item 15a. Safe Roads Committee - Countywide Workshops. The "Safe Roads Committee" is interested in having community workshops throughout the County to present information on a proposed ballot measure for a 1/2 cent sales tax for transportation funding. Councilmember David Couch asked that this item be placed on the agenda for discussion only regarding dates and locations for the workshops. Approved: Alan Christensen, ~'~ Assistant City Manager , CC; Department Heads Rhonda Smiley, Public Relations City Manager's Fire City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager April 4, 2005 APPROVED DEPARTMENT HEAD CITY A'R'ORNEY CITY MANAGER Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957 (b)(1) RECOMMENDATION: BACKGROUND: April 4, 2005, 10:15AM S:~Admin Rpts~005~CM Eval 0-33005.dot AC:al ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Presentations ITEM: ~. 0~. TO: Honorable Mayor and City Council ~ P~..~.~ROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD~ii~r DATE: March 30, 2005 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Presentation by Mayor Hail of Proclamation to LaNeice Kersten, bf the Bakersfield Association of Realtors, and Maribel Reyna, of the Economic & Community Development Department of the City of Bakersfield, proclaiming April, 2005, as "Fair Housing Month". RECOMMENDATION: BACKGROUND: ndw March 30, 2005, 11:55AM S:\MAYOR\ADMIN\FAIR HOUSING MONTH 05,dot ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Presentations ITEM: ~. ~0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall March 30, 2005 DEPARTMENT HEAD CITY ATI'ORNEY ClTY MANAGER ~ Presentation by Mayor Hall of Proclamation to Day id Taylor, Chairperson of the Keep Bakersfield Beautiful Committee, proclaiming April, 2005, as "Keep Bakersfield Beautiful Month". RECOMMENDATION: BACKGROUND: ndw March 30, 2005, 11:46AM S:\MAYOR~ADMIN\KEEP BAKERSFIELD BEAUTIFUL MONTH 05.dot ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerkz~[~ April 5, 2005 APPROVED DEPARTME.T .EAO X _ A rOR.E -- CITY MANAGER Two appointments to the Bakemfield Redevelopment Agency due to the expiration of terms of Don Cohen and Robe~ Madinez, te~s expire April 22, 2005. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are currently two appointments to the Bakersfield Redevelopment Agency, due to the expiration of terms of Don Cohen and Robert Martinez, whose terms will expire on April 22, 2005. The news release for this recruitment was posted on March 16, 2005. Applications have been received from the following: · Don Cohen · Curtis Bond · Robert Martinez The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the reminder of their term. The agency transacts business and exercises its powers under community redevelopment law. The Bakersfield Redevelopment Agency has authority to approve afl development agreements subject to approval by the City Council two-thirds vote. Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. Apdl 5, 2005, 11:27AM S:\Bds&Comm\BRDA~Admin Apr 05.dot ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: [~. 0.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk April 4, 2005 APPROVED DEPARTMENT HEAD~-~ ClTY ATTORNEY ClTY MANAGER ,~ Approvalofminutesofthe March30,2005CounciIMeeting. RECOMMENDATION: Staffrecommendsapproval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: I1. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 31, 2005 APPROVED DEPARTMENT HEAD,,,'f,~.~ o~ ~"~' CITY ATTORNEY ./~ CITY MANAGER Approval of department payments from March 18, 2005 to March 31, 2005 in the amount of $9,231,178.72 and self insurance payments from March 18, 2005 to March 31, 2005 in the amount of $209,018.06. RECOMMENDATION: Staff recommends approval of payments totaling $9,440,196.78. BACKGROUND: klg March 31, 2005, 3:25PM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT IMEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: [t, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 30, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Ordinance adding Section 16.16.110 to the Bakersfield Municipal Code relating to approval of development entitlement conditioned on indemnification of City. RECOMMENDATION: Staff recommends first reading of this ordinance. BACKGROUND: Currently, the City Attorney's Office requires all developers to sign an indemnification agreement as part of all Planning Department approvals of development projects. In addition, staff includes, as a condition of approval on all such projects, such indemnification language. This means that the developer is required to defend the City in court and pay any potential judgment arising from a third party's challenge to the development project, including a challenge to any related environmental documents such as an EIR. Staff is recommending that the indemnification requirement be included in an ordinance. With the adoption of the ordinance and in the event the indemnification agreement or condition of approval is inadvertently not included as part of the development project, the developer would still be required to indemnify and defend the City. March 30, 2005 - 11:27 AM ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: II, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 28, 2005 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY CITY MANAGER Ordinance adding Section 2.28.120 to Chapter 2.28 of the Bakersfield Municipal Code relating to Planning Department - general plan consistency findings. RECOMMENDATION: Staff recommends first reading of this ordinance. BACKGROUND: Government Code Section 65402 requires local planning agencies to determine that prior to the acquisition of property for public purposes or the disposal of publicly owned property, the action shall be found to be in conformance with the general plan. Typically, Government Code Section 65402 (general plan consistency) findings have applied to actions such as ally vacations, street vacations and acquisition of property for public buildings. The action necessitating the general plan consistency findings is typically initiated by the Public Works Department or Property Management and is reviewed and preliminarily approved by the Planning Division. Traditionally, Government Code Section 65402 findings are then made by the Planning Commission. In the interests of streamlining, staff is recommending adoption of this ordinance whereby general plan consistency findings will be delegated to the Planning Director or his designee. The County of Kern has adopted a similar procedure. This ordinance will eliminate the need to schedule these items for Planning Commission consideration and preparation of staff reports. General plan consistency findings are estimated to occur about 8 times per year. No public hearing is held or required. RMS:dI[ S:ICOUNCIL~dmins/04~5 Admin$~2 28.120 FtanDptGPConsistFind,dc~ March 28, 2005 - I 1:14 AM ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent ITEM: I [. ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna Kunz, Econ. & Comm. Dev. Dir. April1, 2005 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAGER .,,~ Ordinance amending Chapter 15.72 of the Bakersfield Municipal Code relating to the Historic Preservation Commission. RECOMMENDATION: Staff recommends adoption of this ordinance. BACKGROUND: For some time now, the City has had a difficult time in recruiting members to fill positions on the Historic Preservation Commission (herein HPC). In fact, this was the subject of a referral by Councilmember Couch last month, who has had an open appointment to the HPC for almost two years. This topic was presented to the Legislative and Litigation Committee for review, discussion, and options. The Committee affirmed the importance of the HPC mission and goals and concluded by a unanimous vote that revision to the City Code would be appropriate. The new ordinance being proposed would reduce HPC membership from nine to five commissioners, make the term of each commissioner three years, and change the mandatory monthly meetings to meetings on an "as needed basis". The positions being eliminated are the four that expire at the end of this month. This will leave five remaining positions---one of which is vacant and will be filled by City Council as soon as possible. It is this position that will have the first three year term under the new ordinance. This ordinance received first reading at the March 30, 2005 City Council meeting. DKJAMS:Isc S:~COUNCIL~Admins~04-05 Admins~HPC. 15.72.040,050.2doc.doc ADMINISTRATIVE REPORT MEET NG DATE: April 13, 2005 IAGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: April 1, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Ordinance amending Chapter 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 amendment corrects the existing ordinance to provide that permits and renewals of permits shall be issued by the Chief of Police. Appeals of the decisions of the Chief of Police shall continue to be directed to the City Manager. This ordinance received first reading at the March 30, 2005 City Council meeting. ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent ITEM: ~[. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 29, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY.~~ CITY MANAGER ~ SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 bf the Municipal Code and Zoning Map No. 102-06 from an A (Agriculture) to E (Estate) on 56.49+ acres, located on the southwest corner of Calloway Drive and Etchart Road (Applicant: Dewalt Corporation/Adavco). (ZC 04-1508) 0Nard 4). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of this ordinance was conducted on March 30, 2005. On February 17, 2005 the Planning Commission adopted Resolution No. 15-05 recommending approval of a Zone Change from an A (Agriculture) zone to an E (Estate) zone on 56.49_+ acres. The zone change would allow for development of single family homes. At the public hearing held before the Planning Commission, no one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. No significant environmental impacts related to this project were identified and a Negative Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving the zone change. LP Admin~4-13-1508 ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: II.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 29, 2005 APPROVED CITY ATTORNEY ~/~ CITY MANAGER ~ Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2005-06 to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year (Ward 2). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to address transit problems. Golden Empire Transit and other transit service-oriented organizations have been receiving these local transit funds to provide for the transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak Station. As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site. These Article 4 Transportation Development Act funds can be used to pay for those maintenance activities. This Resolution authorizes staffto submit an application for those funds. G:\GROUPDAT~ADMINRPT~2005\04-13~'ntrak TDA Funds,doc ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: tr, i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 31, 2005 APPROVED DEPARTMENT HEAD , CITY ATTORNEY CITY MANAGER Resolution adding territory, Area 4-38 (Columbus, Haley 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 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 30, 2005 the Council adopted Resolution of Intention No. 1376 to add territory, Area 4-38 (Columbus, Haley 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 Waiver No. 04-0856. Area 4-38 is generally bounded by Columbus Street on the north, a line approximately 350 feet east of Haley Street on the east, a line approximately 860 feet south of Columbus Street on the south and Haley 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 parcel map waiver. mr MO4-38_Est ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 31, 2005 APPROVED DEPARTME.T.EA ,':/ CITY MANAGER ,~./ Resolution adding territory, Area 4-39 (14~h' "Q" SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Repo~ and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 30, 2005 the Council adopted Resolution of Intention No. 1377 to add territory, Area 4-39 (14th' "Q" SW), 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. 10972. Area 4-39 is generally bounded by 14th Street on the north, "Q" Street on the east, 13Th Street on the south and "O" 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. mr MD4-39_Est ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: Il. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ,(~ DATE: March 31, 2005 CITY ATTORNEY CITY MANAGER /~ SUBJECT: Resolution determining that two graffiti trucks cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $70,000. RECOMMENDATION:' Staff recommends adoption of Resolution. BACKGROUND: City staff has located two graffiti trucks from 3-Way Chevrolet that are currently available at the dealership. Due to the features of being a forward cab design, the truck has a much shorter turning radius which lends itself to improved maneuverability. In addition, this cab forward design improves the external placement of all necessary graffiti abatement equipment such as water tanks, generators, and fuel tank, which leaves the inside of the body for all the essential specialized graffiti equipment that these trucks require. These trucks would provide the additional resources needed to abate increased graffiti activity. March 31, 2005, 11:06AM G:\GROUPDAT~DMNRPT03302005GraffitJt~ucks ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 JAGENDA SECTION: Consent Calendar ITEM:tI,I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 23, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ./~L~/ Sewer Connection Fee Assessments 1. Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Estanislao Corona and Cynthia Corona, 5100 Elysium Street, to pay sewer connection fee in installments and notice of special assessment lien. (Ward 7) 3. Agreement with Arturo Gutierrez and Gloria Gutierrez, 6730 Lowry Street, to pay sewer connection fee in installments and notice of special assessment lien. (Ward 1) RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreements. BACKGROUND: The owners of properties at 5100 Elysium Street and 6730 Lowry Street have connected 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 March 23, 2005, 2:36PM G:~GROUPDA'r~ADMINRP'r~2005~04-13\5100_Elysium-6730_Lowry.doc MEETING DATE: ADMINISTRATIVE REPORT April13,2005 AGENDA SECTION: Consent ITEM: ~1, ll~. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro. City Attorney DEPARTMENT HEAD /,~ DATE: April 4, 2005 CITY ATTORNEY //'~ CITY MANAGER SUBJECT: Resolution authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056 RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Occasionally, the City is required to provide comprehensive sales tax and property tax information in order to assist with required audits. More recently, the City finds itself needing statistical tax information for the preparation of several environmental impact reports for use in the urban decay anatysis section. In order to obtain this information, it is necessary for the City to adopt a resolution authorizing the State Board of Equalization to release such information to the firm of HDL (Hinderliter, de Lamas and Associates) who is then permitted to share the information with certain members of City staff. The attached Resolution proposes that HDL is authorized to provide State Board of Equalization information to the City Attorney, City Manager, Finance Director, Assistant Finance Director, Treasurer, and Treasury supervisor. Fees to HBL for their service will be based upon individual contracts when the information is needed. For example, the City will pay HDL for tax information in conjunction with City audits, while a specific developer or applicant will pay HDL for tax data necessary for an EIR. VG:lsc S:\CO U NCIL~,d min s\04-05 Admins\Sales&UseTaxRecAccess doc ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: ii. I1, TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council Raul M Rojas, Public Works Director March 24, 2005 Tract Maps and Improvement Agreements APPROVED DEPARTMENT HEAD(~'-~ CITY ATTORNEY CITY MANAGER ?/~'/ Final Map and Improvement Agreements with GMAC Model Home Finance, Inc. and Lennar Homes of California, Inc. for Tract 6313 located south of the Southern Pacific Railroad Right of Way on the east side of Buena Vista Road. (Ward 5) Final Map Improvement Agreements Ennis Homes Inc. for Tract 6165 Unit 2 located south of Harris Road and east of Akers Road. 0Nard 7) 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. March 24, 2005, 8:04AM G:\GROUPDA3~ADMINRPT~2005\04~13\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent ITEM: Il, o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 31, 2005 APPROVED DEPARTMENTHEAD~.~"- CITY ATTORNEY CITY MANAGER .,,~/ Agreements to Indemnify LAFCO for the following annexations: City Annexation No. 440, Proceeding No. 1403 uninhabited territory located at the southwest corner of Panama Lane and Gosford Road (contains approximately 300 acres). (Ward 5). City Annexation No. 453, Proceeding No. 1404 uninhabited territory located in two areas as follows: north of Rosedale Highway, east of Henry Lane (containing 1.56 acres) and east of Cottonwood Road, generally south of Panama Lane (consists of 61.83 acres). (Wards 1 and 4). City Annexation No. 459, Proceeding No. 1401 uninhabited territory located south of Brite Street (south of Freeway 58) generally between Hughes Lane and S. H Street (consists of two acres). (Ward 1). City Annexation No. 460, Proceeding No. 1411 uninhabited territory located at the southeast corner of Stine Road and McKee Road (contains 15 acres). (Ward 6). City Annexation No. 461, Proceeding No. 1405 uninhabited territory located at the southwest corner of Reina Road and Allen Road (contains 57 acres). (Ward 4). City Annexation No. 469, Proceeding No. 1406 uninhabited territory located at the northwest corner of Brimhall and Calloway (containing 7.6 acres). (VVard 4). City Annexation No. 470, Proceeding No. 1409 uninhabited territory located north of Taft Highway, generally west of Stine Road (contains 29 acres). (Ward 6). City Annexation No. 471, Proceeding No. 1412 uninhabited territory located at the northwest corner of A~len Road and Kratzmeyer Road (contains 80 +/- acres). (Ward 4) City Annexation No. 474, Proceeding No. 1414 uninhabited territory located south of McKee Road, generally east of Wible Road (contains 15 +/- acres). (Ward 6) ADMINISTRATIVE REPORT Page 2 City Annexation No. 476, Proceeding No. 1408 uninhabited territory located south of Hosking Avenue, generally east of South Union Avenue (contains 176 acres). (Ward 7). City Annexation No. 477, Proceeding No. 1410 uninhabited territory located north and south of Taft Highway, generally between Stine Road and Ashe Road (contains 187 acres). (Ward 6). RECOMMENDATION: Staff recommends adoption of the agreements. BACKGROUND: The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation areas. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owners of the annexation areas have all consented to annex their properties to the city. The annexation areas are all uninhabited and the property owners of each area have consented to annexation. After the completion of the annexations, the areas will be developed and receive city services. MO Admin\4-13-roa ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: [I. ~o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 28, 2005 Fire Station and Police Substation on East White Lane 1. DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER (Ward 1 ) APPROVED Design Services Agreement with RRM Design Group ($323,491.00) for design of the new Fire Station and Police Substation on East White Lane east of South Union Avenue. Appropriate $52,767 Community Development Block Grant Funds to the Economic and Community Development, Capital Imprevement Budget for design services. Transfer $20,955 Community Development Block Grant Funds from the Economic and Community Development Operating Budget to the Capital Improvement Budget RECOMMENDATION: Staff recommends approval of the agreement, and appropriation and transfer of the funds. BACKGROUND: The current Fire Station #5 at 700 Planz Road was built in 1954 and is now dilapidated, lacks space, has inadequate street access and needs to be demolished. In addition, the existing fire s~ation needs to be better centralized within its fire response area. The number of people served by Fire Station #5 is 35,547 per the 2000 U.S. Census. The existing fire station was not designed to accommodate the new apparatus and equipment that is currently being used by the Fire Department. The new fire station will be better able to serve it's service area. Currently, the closest City police facility for these residents is at 3945 Hughes Lane. The new police substation will also be better centralized to the City residents it would serve within a two mile radius. That existing facility will be closed when the new substation is opened. In December 2004, staff began the Qualification Based Selection (QBS) process to select a design consultant to prepare construction documents for the project. A Request for Qualifications (RFQ) was sent out to interested firms. On January 28, 2005, the City received eleven responses that were then reviewed by a Selection Committee of senior staff from the Fire Department, Police Department and Public Works Department. The Selection Committee determined that four firms should be invited to interview with the Selection Committee. At the interviews, each firm demonstrated their proposed pedormance on the project and submitted their fee proposal to do the work. The firms invited to interview were: BFGC Architecture (Bakersfield); Milazzo & Associates (Bakersfield); RRM Design Group (San Luis Obispo); and WLC Architects (Rancho Cucamonga). PW / ENGR/ADR March 28, 2005, 1:41PM G:\GROU P DAT~ADMIN RPT~2005\04-13\EastWhiteLaneFireStation PoliceStalJon.dot ADMINISTRATIVE REPORT The interviews of the four firms were conducted on March 9, 2005. The Selection Committee rated and ranked each of the firms. The Selection Committee then also reviewed the cost proposals that were submitted by the firms. The Selection Committee found the firm of RRM Design Group to have the combination of qualifications and fee proposal which is most favorable for the City. Therefore, staff recommends that the City enter into a contract with RRM Design Group for design services for the New Fire Station and Police Substation on East White Lane East of South Union Avenue. PW / ENGR / ADR March 28, 2005, 1:41PM G:\GROU P DA'P, ADMINRP'r~2005\04-13\EastWhiteLaneFireStation PoliceStatJon.dot ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: ~l. ~ TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager March 31, 2005 APPROVED DEPARTMENT HEAD.C:~I~...- CITY ATTORNEY ~ CITY MANAGER ,/~ SUBJECT: Amendment No. 1 to Agreement No. 04-281 with Nossaman, Guthner, Knox & Elliot, LLP, for legal services in the matter of critical habitat designation of Buena Vista Lake shrew, in the amount of $30,000, with a total contract amount not to exceed $90,000. (Ward 4) RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: The City's "2800 Acres" was proposed by the United States Fish & Wildlife Service (USF&WS) to be included in a critical habitat designation for the Buena Vista Lake shrew. The work to remove the City property from inclusion as critical habitat involved the retention of legal counsel, certified biologists and economic experts. The firm of Nossaman, Guthner, Knox & Elliot provided the legal counsel and sub- contracted the biology and economists components. The sub-contractors are paid through that firm, with no added overhead. After several telephonic conference meetings and a meeting with the USF&WS in Sacramento, it was determined additional biologic and economic analysis was required by the USF&WS in order to remove the "2800 Acres" from critical habitat designation and approve the Habitat Management Plan for the property. This amendment to Agreement No. 04-281 will allow for the additional expert work to be completed. This Amendment No. 1 to Agreement No. 04-281 would add $30,000 to the compensation to result in a total Not to Exceed amount of $90,000. Funding for this amendment is currently available within the Water Resources Department budget. California Water Service Co. and the Kern County Water Agency have agreed to contribute to these additional expenses, thereby reducing the City's cost in this item. :lc March 31, 2005, 5:27PM ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 IAGENDA SECTION: Consent Calendar ITEM: [[. K. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen Interim Director of Recreation and Parks March 30, 2005 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER, APPROVED Amendment No. 1 to Agreement RP05-005 with $1ater Plumbing & Mechanical, Inc. for additional plumbing work on Planz Pool in an amount not to exceed $42,225 (Ward 7). 1) Appropriate $20,450 Park Improvement Fund balance for the additional plumbing work on Planz Pool by Slater Plumbing & Mechanical, Inc. RECOMMENDATION: Staff recommends approval of the amendment and appropriation of funds. BACKGROUND: In March 2005, Slater Plumbing and Mechanical, Inc. began contracted work to repair a leak at Planz Pool. Upon commencing the project, the contractor discovered that additional plumbing work would be needed to complete the project. All of the return lines piping needed to be replaced to repair the leak, and because the existing return lines are imbedded in the concrete foundation. The work being performed at Planz Pool is relatively minor and not comparable to the circulation problems at Beale Pool. Because the work is not substantial at Planz, it will not trigger additional ADA repairs or other state health code repairs currently covered under the "grandfather" clause of this pool. The contractor submitted plans for repairs to the County Health Department which were approved on March 15, 2005. The Health Department is not requiring any additional repairs to the mechanical system. There are no '~urnover" rate problems or issues with this facility like there are at Beale Pool The original agreement with Slater Plumbing was in the amount of $21,775. Because it was a department agreement less than 25,000, it did not need Council approval. However, because we are amending the agreement to amount to exceed $25,000, it requires City Council approval. The amended total amount will be $42,225. The Department will charge the additional amount to the Park Improvement Fund balance. The best, most inexpensive solution is to run nine new return lines and abandon the old ones. March 30, 2005, 8:31AM S:~Admin Rpts~2005~planz pool repair 041305.doc ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: It, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 31, 2005 APPROVED DEPARTME.T.EAD CITY ATTORNEY CITY MANAGER Amendment No. 4 to Agreement No. 03-156 with Gilliam & Sons, Inc. ($350,000 increase, for a revised not to exceed compensation amount of $1,420,000) for earthmoving and hauling services. RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On June 11, 2003, the City Council approved the annual contract for earthmoving, hauling, and equipment rental for $320,000. On March 24, 2004, the City Council approved Amendment #1 to this Agreement for emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir, increasing the compensation by $200,000. On May 12, 2004, the City Council approved Amendment #2, increasing the compensation by $250,000. This amount was based upon certain expectations of timing with regards to the pumhase of new equipment. Since the new equipment was not placed into service when anticipated, equipment had to be rented from the contractor longer than anticipated. On December 15, 2004, the City Council approved Amendment #3 to this Agreement for additional equipment rental, increasing the compensation by $300,000. This Amendment occurred as an unforeseen result of the U.S. military need for heavy equipment tires. Therefore, it was necessary to rent equipment longer than originally estimated. The original Agreement provided for a one year extension with no increases in unit pricing. The Agreement was extended to June 13, 2005. Staff is currently working on the necessary documents to send this item out to bid soon, with the new annual contract scheduled for the June 8, 2005, council agenda. Staff estimates that an additional $350,000 in compensation is needed to cover expenses until the current Agreement expires. The $350,000 is the estimated collective needs of the Water Resources Department, Streets Division, and Solid Waste Division. In addition, funds are also needed for earthmoving and hauling services at The Park at Riverwalk project site. April 1, 2005, 9:51AM Annual Agr. 03-156(4) is ADMINISTRATIVE REPORT rMEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: ii,Jr. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 30, 2005 APPROVED DEPARTMENT HEAD//~/~' ~-~'~:~-. CITY A'I-FORNEY-~ ~ J/'~:::~ CITY MANAGER /~ SUBJECT: Amendment No. I to Agreement No. 04-098 with National Water Works, and Amendment No. 1 to Agreement No. 04-099 to AMCO Water Metering Systems, Incorporated to extend agreement for twelve (12) months ($285,000.00 increase, for a revised not to exceed compensation amount of $570,000.00) for water meters for the Water Resources Department. RECOMMENDATION: Staff recommends approval of amendments to agreements. BACKGROUND: On April 14, 2004, Council awarded the annual contract for Water Meters to National Water Works and AMCO Water Metering Systems, Incorporated. The contract allows for a twelve (12) month extension if both parties agree. Water Resources Department's staff has advised that both vendors are providing satisfactory service, and requests the extension of both agreements with no price increase. Purchasing Division KB S:\PU RCH~ADMIN',C05_0413_C_AC WaterMetersExt.doc March 31,2005, 11:41 AM ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent ITEM: ti. TO: FROM: DATE: SUBJECT: 1. 2. Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services April 6, 2005 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Environmental Impact Report (EIR) Preparation for Panama-Gosford Project: (Ward 5). Amendi'nent No. I to Agreement No. 04-117 with Gosford-Panama Partners, LLC ($40,375.00) for the preparation of an EIR. Amendment No. 1 to Agreement No. 04-118 with RBF Consulting ($40,375.00) to prepare an EIR for GPNZC 04-0057. Appropriate $40,385.00 developer's contribution to the development fund for the Development Services operating budget. RECOMMENDATION: Approve amendment to the agreement and appropriation. BACKGROUND: The Panama-Gosford EIR project is an 300-acre mixed use (residential, commercial, light industrial) development at the southwest corner of Panama Lane and Gosford Road. Staff is currently processing an Environmental Impact Report for the project. This is a very complex land use project which necessitated considerable unforeseeable environmental work for comments received for the Draft EIR. This has caused increases in consultant time and materials. In light of this, the developer is being required to provide an additional $40,375.00 to offset costs by the consultant for the preparation of the EIR. The original contract (04-117) with Gosford Panama Partners on May 12, 2004, was for $162,261.00 of which $124,816.00 was for RBF Consulting to prepare the EIR and $37,445.00 for staff's time. The original contract (04-118) with RBF Consulting on May 12, 2004, and the City was for 124, 816.00, to prepare the EIR. This action will increase the contract with RBF Consulting to $165,191.00 and the total contribution from Gosford Panama Partners to $202,636.00 MO Admin\march~4-13-117agree ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 31,2005 APPROVED DEPARTMENT HEAD ,x~'..5 ~-~ ~-~_ CITY ATTORNEY/'~,~-/~ Y~ CITY MANAGER //~ SUBJECT: Accept bid to award annual contract to Pavement Recycling Systems, Incorporated, not to exceed $400,000.00, for cold planing for the Streets Division. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used primarily by the Streets Division to prepare neighborhood streets for paving. Invitations to bid were sent to seven (7) bidders and the contract was advertised in the newspaper. One (1) bid, from the current contract holder, Pavement Recycling Systems, Incorporated was received. Unit prices are not substantially higher than the current contract prices from March 2003. Purchasing Division KB:ljrn S:\PURCH~ADMIN',C05_0413_C_AC Cold Planing.doc April 1,2005, 4:10PM ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: [I,W. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 30, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY //~ CITY MANAGER SUBJECT: Extend bid from Jim Burke Ford $52,803.96, for four (4) additional midsize two-wheel drive pickups with extended cab option for Development Services. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the Council meeting of December 15, 2004, Jim Burke Ford was awarded the bid for the purchase of midsize pickups with extended cab option. The specifications included a provision whereby, with the written approval of both of the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Jim Burke Ford has indicated their approval of extending the same per unit cost for this purchase. Funding for the four (4) additional pickups was included in the fee supported additional positions action taken by City Council on October 6, 2004. The vehicles will be used by the additional building inspectors that were approved as part of the same action. Purchasing Division KB:Ijm S:~PU RCH~ADMIN~C05_0413_A_Midsizeext.doc March 30, 2005 Revised ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Consent Calendar ITEM: I1~ X. TO: Honorable Mayor and City Council APPROVED FROM: Donna L Kunz, Economic Development Director DEPARTMENT HEAD DATE: March 30, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $105,000 Off Street Parking fund balance to the Economic Development operating budget for current fiscal year operation management costs of the 18~h & Eye Parking Structure. (WARD 2) RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: During the fiscal year 2003-04 budget review, staff completed an analysis of the parking fund, in particular the operating expenses associated under the existing agreement with AIIright Parking. As a result, staff concluded that over the past few years, operating expenses continued to exceed revenues at the 18th and Eye parking structure in the range of $30,000 to $50,000 per year. In an effort to address these concerns, Economic Development, Public Works and Finance Department staff met with a security consultant to discuss operating and safety options relating to the possible automation of the structure. Subsequently, it was determined that it would be more financially feasible to purchase the automation equipment and operate the parking structure with a City Account Clerk staffed within the Finance Department. Public Works prepared the bid documents in May, 2004 with the bid opening held in June, 2004. As a result of this process, there was one apparent successful bidder who after several months was unable to produce the required insurance bonds to perform the work. Public Works is currently in the process of re- bidding the automation equipment. Staff anticipated that the automation process would occur during the current fiscal year and therefore, did not appropriate the funds for the outside operator. Since this change in operations has not occurred to date, it will be necessary to appropriate these funds to cover the expenses for the outside operator until the automation process is finalized. S:~Admins\City Council\ 18thandEyeAppropriation041305 doc 3/30/2005 3:40 PM ADMINISTRATIVE REPORT MEETING DATE April 13, 2005 AGENDA SECTION: ITEM: ~1. Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD DATE: March 25, 2005 CITY ATTORNEY /,/'~- CITY MANAGER SUBJECT: Quitclaim Deed with David M. and Maria H. Mendoza for City's right, title'and interest only in and to the lands formerly occupied and/or encumbered by the "Castro Ditch" real property located on Alamo Street near Mona Way (Unincorporated). RECOMMENDATION: Staff recommends execution of the quitclaim deed. BACKGROUND: The City's Kern River water rights and property purchase from Tenneco West, Inc. on December 22, 1976, included easements pertaining to what was known as the Castro Ditch. A request to quitclaim the City's easement for the "Castro Ditch" described as parcels 2, 3, and 4 of Parcel Map 6573 (Assessor's Parcel Numbers 149-250-47, 149-250-48, and 149-250-49) has been requested on behalf of the overlying property owner (Mr. David Mendoza), to allow construction of single family residences on the lots. The headgate of the Castro Ditch was removed and the pipeline sealed and abandoned as a result of development over 10 years ago. In consideration of executing the quitclaim deed, owner will sign a covenant to this property requiring the property to be annexed into the City of Bakersfield as soon as it may be included in an annexation which is contiguous to City boundaries. City will charge a $1000.00 administration fee to process the attached quitclaim deed. FC:bz April 5, 2005, 12:03PM S:~2005 ADMIN REPORTS\CastroDitchQuitclaim.doc ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Hearings TEM: [ 3. O.. TO: Honorable Mayor and City Council APPROVED Rojas, Public Works Director DEPARTMENT HEAD ,//'/----- FROM: Raul M. DATE: April 6, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution ordering the vacation of Progress Road between Harris Road and Panama Lane within Section 20, T.30S., R.27E., M.D.M. (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Porter Robertson, on behalf of McMillin Albany, LLC, developers of Tract No. 6169 (Phases 1 through 8), has requested the vacating of a portion of Progress Road in compliance with the conditions of their approved Tentative Maps for the tracts. The approved Tentative Maps show that Progress Road shall be vacated from Harris Road and Panama Lane. Progress Road between Harris Road and Panama Lane is not designated as an Arterial or Collector under the Circulation Element of the Metropolitan Bakersfield General Plan. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes that no City sewer or storm drain facilities are in the vacating area. The utility companies serving the area have been notified by mail and have indicated they have no facilities in the vacating area. All property owners within a radius of 300 feet of the vacating area have been mailed a preliminary notice of the proposed closing and none have indicated any objections as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of October 12, 2004, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1358 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of March 30, 2005. Notice of this public hearing has been duly advertised and posted as required by law. Apdl 6, 2005, 10:58AM G:\GROUPDA'RADMINRPT~2005\04-13\RO11358 Admin-final headngdoc.doc ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: Reports ITEM: I~,0.. TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen Interim Director of Recreation and Parks April 5, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: ReportontheAquaticSafety AwarenessProgram RECOMMENDA~oN: BACKGROUND: Interim Recreation and Parks Director, Alan Christensen and Recreation Supervisor, Holly Larson will give a brief oral report on the Aquatic Safety Awareness Program. April 5, 2005, 10:37AM S:~dmin Rpts~005~a.s.a.p. pres admin 041305.doc ADMINISTRATIVE REPORT MEETING DATE: April 13, 2005 AGENDA SECTION: New Business ITEM: ~. 0~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager April 6, 2004 APPROVED DEPARTMENT HEAD /'~/ CITY ATTORNEY CITY MANAGER Safe Roads Committee - County-wide Workshops RECOMMENDATION: Staff recommends discussion by the City Council BACKGROUND: The "Safe Roads Committee" is interested in having community workshops throughout the County to present information on a proposed ballot measure for a 1/2 cent sales tax for transportation funding. Councilmember David Couch, City representative on Kern COG, asked that this item be placed on the agenda for Council discussion. The discussion will revolve around the setting of dates and locations for workshops. This is a discussion item only. No City Council action will be taken. April 7, 2005, 9:40AM C:\Documents and Settings~achriste'~Desktop~safe roads committee new bus 4-13-05.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 30, 2005 Council Chambers, City Hall, t50'1 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Couch, Hanson, Scrivner Absent: None. Mayor Hall recognized Boy Scout Troop 26 from Reagan Elementary School. PUBLIC STATEMENTS None. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Anthony Campbell, et al v City, et al. 2. Arlene Sanders and Ken McDaniel v City, et al. 3. Gary Willis v City, et al. c. Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (1 case) ACTION TAKEN Bakersfield, California, March 30, 2005 - Page 2 ACTION TAKEN Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:17 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:27 p.m. APPROVED APPROVED RECONVENED MEETING - 6:40 p.m. 4. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Couch, Hanson, Scrivner Absent: None. INVOCATION by Reverend Timothy Grays, Pleasant View Baptist Church. 6o PLEDGE OF ALLEGIANCE Hale, 8th Grade Student at St. Francis School. Mayor Hall announced the appellants for hearing item 12.a., Brian and Annette Pellens, have withdrawn their appeal and for this raason item 12.a. will not be heard. Mayor Hall welcomed Ridgeview High School government class students to the meeting. CLOSED SESSION ACTION Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: CONTINUED TO 4-13-05 COUNCIL MEETING NO REPORTABLE ACTION 1. Anthony Campbell, et al v City, et al. Arlene Sanders and Ken McDaniel v City, et al. 3. Gary Willis v City, et al. 10. Bakersfield, California, March 30, 2005 - Page 3 CLOSED SESSION ACTION ACTION TAKEN Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (1 case) NO REPORTABLE ACTION Mayor Hall announced item 7.a. would be continued to the next City Council meeting. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Depar/ment of Public Health, proclaiming April 2-8, 2005 as "Public Health Week". Dr. Jinadu made comments. Presentation by Councilmember Sue Benham of Mayor's Proclamation to Christine Wood, proclaiming March 30, 2005, as "Christine Wood Day". Councilmember Benham recognized Dr. Jean Fuller, Ken Weir, Karen DeWalt and Principal Lillian Tafoya in the audience. Ms. Wood made comments. PUBLIC STATEMENTS Jaime Campbell, One Legacy, spoke regarding an Organ Donor Registry Event on April 4. Millie Diffenbaugh and Louis Hoyt, Sr., spoke regarding the closure of the Beale Park Pool. Jim McWorter, Tim Strem and Rocky Harris spoke regarding the Foothills Trails Plan and fencing. CONSENTCALENDAR Minutes: Approval of minutes of the February 28, 2005 Special Joint City Council/Kern County Board of Supervisors Meeting and the March 9, 2005 Council Meeting. 10. Bakersfield, California, March 30, 2005 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Payments: Approval of department payments from February 25, 2005 to March 17, 2005 in the amount of $12,158,375.92 and self insurance payments from February 25, 2005 to March 17, 2005 in the amount of $320,768.89. Ordinances: First Reading of Ordinance amending Chapter 15.72 of the Municipal Code relating to Historic Preservation Commission. 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 the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from an A (Agriculture) to E (Estate) on 56.49_+ acres, located on the southwest corner of Calloway Drive and Etchart Road. (ZC04-1508) (Applicant: Dewalt Corporation/Adavco). Adoption of Ordinance amending Chapters 17.20, 17.22, 17.24, 17.28, 17.30, 17.31 and 17.58 of the Municipal Code relating to commercial and industrial setback requirements and parking lot lighting. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-26 from an R-S-10a (Rural Suburban - 10 acre minimum) to R-1 (One Family Dwelling) on 20+ acres located on the east side of Stine Road between Berkshire Road and Hosking Road. (Applicant: Bdmhall Partners, Inc.) (ZC04-1621) FR FR FR ORD 4236 ORD 4237 Bakersfield, California, March 30, 2005 - Page 5 10. CONSENT CALENDAR continued ACTION TAKEN Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 104-17, 104- 18, 104-19, and 104-20 to change the zoning from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 16.02 acres, C-2 to R-3 (Limited Multiple-Family Dwelling) on 6.01 acres, R-2 to C-2 on 11.81 acres, R-1 to C-2 on 7.20 acres, R-1 to R-3 on 0.26 acres located west of Masterson Street, between Paladino Drive and Highway 178. (ZC03-0746) (Applicant: Mclntosh and Associates representing Mountain View Bravo LLC) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from an R-1 (One Family Dwelling) to a C-1 (Neighborhood Commercial) zone on 4.03 acres, generally located west of State Highway 99, generally south of Hosking Avenue. (ZC04- 0867) (Applicant: Porter-Robertson Engineering representing Jon Balfanz) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from an A (Agriculture) to a C-2 (Regional Commercial) zone on 14.95 acres, located north of Hosking Avenue, generally west of State Route 99. (ZC04-1322) (ApplicantJOwner: Susan Lucas) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-29 and 123-30 to change the zoning from an A (Agriculture) to an R-1 (One Family Dwelling) zone on 95.94 acres located on the south side of Panama Lane, east and west of Old River Road. (ZC04-1334) (Applicant: The Lusich Co. representing Richard Antongiovanni, et al) ORD 4238 ORD 4239 ORD 4240 ORD 4241 10. Bakersfield, California, March 30, 2005 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Adoption of Ordinance adopting the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from an A (Exclusive Agriculture) to R-1 (One-Family Dwelling) zone on approximately 30 acres located along the north side of Taft Highway/State Route 119 approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road. (ZC04-1346) (Applicant: Mclntosh and Associates representing Workman Brothers) ORD 4242 Resolutions: Golden Valley Planned Drainage Area: Resolution adopting the Golden Valley Planned Drainage Area and making findings thereto. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. RES 055-05 ORD 4243 Resolution in support of the establishment of a Central San Joaquin Valley Economic Development Task Force. Resolution in support of the establishment of an Adopt-a-Parkway Program for the maintenance and enhancement of the Kern River Parkway. RES05~05 REMOVED FOR SEPARATE CONSIDERATION Resolution levying amending assessment amounts for parcels located in Assessment District 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park Resolution amending the official list of designated speed zones pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. RES 058-05 RES05~05 Storm Damage and Environmental Clean-up: Resolution dispensing with bidding procedures due to emergency repairs resulting from storm damage and environmental clean-up in downtown Bakersfield, not to exceed $200,000.00. RES 060-05 t0. Bakersfield, California, March 30, 2005 - Page 7 CONSENT CALENDAR continued Item 10.r. continued ACTION TAKEN Appropriate $200,000.00 Sewer Enterprise Fund balance to the Capital Improvement Budget. Resolution authorizing the execution of a standard agreement, or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development. RES 061-05 t. 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 Jacqueline R. Villegas, 1816 Faxon Avenue, to pay sewer connection fee in installments and notice of special assessment lien. RES06~05 AGRO~fOf Agreement with Leonard P. Pippin and Barbara J. Pippin, 6316 Springdale Drive, to pay sewer connection fee in installments and notice of special assessment lien. AGRO~102 Resolution authorizing the Police Department to apply for the Edward Byme Memorial Justice Assistance Grant ($97,235.00) from the U.S. Department of Justice. Resolution in support of Senate Bill 926 relating to biosolids. RES 063-05 REMOVED FOR SEPARATE CONSIDERATION Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 485 located south of Meany Avenue, west of Patton Way. RES 065-05 Resolution approving annual renewal of support and maintenance services for Versaterm's Records Management System (RMS) and Computer Aided Dispatch (CAD) software (not to exceed $250,000.00 per year. RES 066-05 10. Bakersfield, California, Mamh 30, 2005 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Resolution adding territory, Area 4-36 (Chester, 2"d 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. RES 067-05 Resolution adding territory, Area 4-37 (21st, "R" 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. RES 068-05 aa. bb. CC. Resolution of Intention No. 1376 to add territory, Area 4-38 (Columbus, Haley SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1377 to add territory, Area 4-39 (14th, "Q" SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1358 to order the vacation of a portion of Progress Road between Harris Road and Panama Lane. ROI 1376 ROI 1377 ROI 1358 dd. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Parkview Cottages, LLC, for Tract 6168 located north of 21st Street and east of R Street. AGR 05-103 Final Maps Improvement Agreements with Castle & Cooke California, Inc., for Tract 6281 Units 1, 2, and 3 located north of Stockdale Highway and east of Allen Road and east of Wible Road. AGRO~104 AGRO~105 AGRO~f06 Final Map and Improvement Agreements with D.N.B. Development Corp., for Tract 6006 Phase 3 located north of McKee Road and east of Wible Road. AGR 05-107 AGR 05-108 Bakersfield, California, Mamh 30, 2005 - Page 9 10. CONSENT CALENDAR continued Item 10.dd. continued Final Map and Improvement Agreements with ADH Corporation for Tract 6232 Phase 1 located south of Zephyr Lane and east of South Oswell Street. Final Map and Improvement with Mountain Oaks, Inc., and Pulte Homes Corporation for Tract 6219 located south of Campus Park Drive and west of Mountain Vista Drive. Final Map and Improvement Agreements with Lennar Homes of California for Tract 6077 Unit 12 located north of Olive Drive and east of Jewetta Avenue. Agreement with County of Kern for lease of real property in Northeast Bakersfield for use as a public park. gg. Environmental Impact Report Processing for Gosford Village Project: Agreement with Michael Brandman Associates ($236,359.00) to assist Planning Department staff with the processing of the Environmental Impact Report for project. Appropriate $236,359.00 developer's contribution to the Development Services operating budget in the general fund for the EIR consultant and staff administrative costs hh. Environmental Impact Report Processing for Panama 99 Project: Agreement with Michael Brandman Associates ($242,069.00) to assist Planning Department staff with the processing of the Environmental Impact Report for project. Appropriate $242,069.00 developer's contribution to the Development Services operating budget in the general fund for the EIR consultant and staff administrative costs. ACTION TAKEN AGR 05-109 AGR 05-110 AGR 05-tll AGR 05-112 AGR 05.113 AGR 05-114 AGR 05-115 REMOVED FOR SEPARATE CONSIDERATION AGR 05-1t7 AGR 05.118 10. Bakersfield, California, March 30, 2005- Page 10 CONSENT CALENDAR continued ACTION TAKEN ii. Environmental Impact Report Processing for GPA/ZC P03-0337: 1. Amendment No. 1 to Agreement No. 03-214 ($39,428.00) with General Holdings, Inc. for the preparation of an Environmental Impact Report for GPNZC P03-0337. 2. Amendment No. 1 to Agreement No. 03-215 with Michael Brandman Associates ($39,438.00) for preparation of an Environmental Impact Report for GPNZC P03-0337. AGR 03-214(I) AGR 03-2f5('1) 3. Appropriate $39,438.00 developer's contribution to the general fund for Development Services operating budget. jj. Environmental Impact Report for General Plan AmendmentJZone Change 04-1746 (Cobblestone & Crossroads): 1. Agreement with Centex Homes ($111,825.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $111,825.00, the developer's contribution, to the Development Services operating budget in the general fund. 2. Agreement with Michael Brandman Associates ($111,825.00) for preparation of an Environmental Impact Report for GPNZC 04-1746. AGRO~119 AGRO~f~ kk. Concurrent Application Processing: Agreement with RBF Consulting (not to exceed $70,000.00) to assist Planning Department staff with the processing of concurrent applications. Appropriate $70,000.00 in revenues to the Development Services operating fund. AGRO~12f II. Cooperative Agreement with State of California Department of Transportation (Caltrans) ($99,226.00) to construct traffic control signals and safety lighting on Ming Avenue at southbound Route 99 ramp. AGRO~122 10. Bakersfield, California, March 30, 2005 - Page 11 CONSENT CALENDAR continued ACTION TAKEN mm. Construction & Maintenance Agreements with Union Pacific Railroad and San Joaquin Valley Railroad for: Sunset Branch at Harris Road ($362,050.00). AGR 05-123 Buttonwillow Branch at Mountain Vista Drive ($362,050.00). AGR 05-124 Buttonwillow Branch at Old River Road ($380,313.00). AGR05-125 Buttonwillow Branch at Akers Road ($362,050.00). AGR 05-126 nh. oo. PP. Agreement with Mark Briggs, Grant Consultant ($46,000.00) for preparation of Section 108 Federal Loan Applications and Brownfleld Economic Development Initiative (BEDI) Grant Applications. Agreement with Kronick, Moskovitz, Tiedemann & Girard (not to exceed $10,000.00) for legal services. Amendment No. 1 to Agreement No. CA04-034 with Duane Morris ($65,000.00, total contract not to exceed $80,000.00) for general legal consulting services. AGR 05-127 AGR 05-t28 AGR05-129 qq. Amendment No. I to Agreement No. CA05-003 with Marderosian, Runyon, Cercone, Lehman & Armo ($25,000.00, total contract not to exceed $50,000.00) for legal services regarding Anthony Campbell, et al v City, et al. AGR 05-130 Fr. Amendment No. 4 to Agreement No. 01-087/RA01- 04 with CVE Development, Inc. for modification of the repayment provision for the senior housing project in the Southeast Redevelopment Project Area. AGR 01-087/RA01-04(4) SS. Subdivision Plan Checking Services: Amendment No. I to Agreement No. 04-210 with Willdan ($130,000.00, total contract not to exceed $280,000.00) for plan checking services. AGR 04-210('f) 10. Bakersfield, California, March 30, 2005- Page 12 CONSENT CALENDAR continued Item 10.ss. continued ACTION TAKEN tt. Appropriate $80,000.00 additional plan check revenue and the $50,000.00 contribution to the Public Works Department operating budget within the Development Services Fund. Contract Change Order No. I to Agreement No. 04- 248 with S.C. Anderson, Inc. ($68,994.57, for a revised contract amount of $2,344,794.57) for the Jefferson Pool Rehabilitation and Wet Play Area. CCOI AGR 04-248(I) UU. Contract Change Orders to Contract No. 03-208 with Granite Construction Company to construct White Lane at State Route 99 Overcrossing Widening and Interchange Improvements: 1. Contract Change Order No. 5 to increase compensation by $267,520.41. 2. Contract Change Order No. 6 to increase compensation by $42,225.50. 3. Contract Change Order No. 7 to increase compensation by $435,406.00. 4. Contract Change Order No. 8 to increase compensation by $102,350.00. 5. Appropriate $850,000.00 Transportation Development Fund Balance to the Capital improvement Budget. REMOVED FOR SEPARATE CONSIDERATION Bids: VV. Accept bid to award contract to A-C Electric Company ($388,877.50, for base bid and additive alternative) for traffic signal interconnect installation - part 1. Accept bids from Fisher Scientific Company LLC (5 items, $84,556.51) and Mayberry Sales (1 item $10,628.54) for decontamination shelters and medical response items for the Fire Department (total $95,185.05). AGR 05-131 xx. Accept bid to award contract to H & H Engineering Construction, Inc. ($52,910.00, for 4 years) to perform maintenance and repair services for the Amtrak trackage between H Street and Union Avenue. AGR 05-'132 10. Bakersfield, California, March 30, 2005 - Page 13 CONSENT CALENDAR continued ACTIONTAKEN yy. Accept bid from FS3 ($56,987.29) for two (2) replacement Holmatro Rescue Tools (Jaws of Life) for the Fire Department. zz. Sewer Cleaner Truck: Accept bid from Gibbs International ($173,160.49) for one (1) additional Sewer Cleaner Truck, Jet Rodder for the Streets Sewer Division of Public Works. Appropriate and transfer $35,000.00 Sewer Enterprise Fund balance to the Equipment Management Fund. aaa. Refuse Trucks (4): 1. Accept bids from Bakersfield Truck Center ($200,652.95) for one (1) additional front loading refuse truck, and, Gibbs International ($345,778.29) for three (3) additional roll off refuse trucks for the Solid Waste Division of Public Works. Appropriate and transfer $70,000.00 Refuse Fund balance to the Equipment Management Fund. bbb. Reject bid for graffiti trucks (2). Miscellaneous: ccc. Community Development Block Grant (CDBG) Action Plan Amendment No. 14 (FY02/03), Amendment No. 6 (FY03/04) and Amendment No. 2 (FY04/05). ddd. Authorize payment (not to exceed $35,000.00) to Quinn Company for repairs on the D6 Crawler Tractor. eee. Appropriate $1,000.00 developer's contribution to the Development Services budget in the general fund for peer review of the Geologic Hazards Report for Vesting Tentative Tract 6444 in the City in the Hills development. (Developer: K. Hovnanian/Engineer: Pinnacle). iff. Development of a Joint Powers Authority for Metropolitan Area Transfer Station Planning 10. Bakersfield, California, March 30, 2005- Page 14 CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced corrections to Consent Calendar items items 10.c., 10.j. (zoning map to read 123-25) and 10.w. Additionally correspondence was received in support of item 10.v. Motion by Vice-Mayor Maggard to approve Consent Calendar items lO.a. through lO. fff., with items 10.o., lO.v., lO. uu., lO. ff. and lObbb, removed for separate consideration and correction to items 10.c., lO.j., and lO.w. APPROVED Resolution in support of the establishment of an Adopt-a-Parkway Program for the maintenance and enhancement of the Kern River Parkway. RES 057-05 Councilmember Couch requested Solid Waste Superintendent Moretti make comments regarding the Adopt-a-Park Program. Mr. Moretti made comments. Motion by Councilmember Couch to approve the Resolution. APPROVED MU. Contract Change Orders to Contract No. 03-208 with Granite Construction Company to construct White Lane at State Route 99 Overcrossing Widening and Interchange Improvements: 1. Contract Change Order No. 5 to increase compensation by $267,520.41. CC05 AGR 03-208 Contract Change Order No. 6 to increase compensation by $42,225.50. Contract Change Order No. 7 to increase compensation by $435,406.00. CC06 AGR 03-208 CC07 AGR 03-208 Contract Change Order No. 8 to increase compensation by $102,350.00. Appropriate $850,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. CC08 AGR 03-208 Councilmember Hanson requested Council be kept apprised of the situation/litigation involving URS Corporation and the attempted recovery of damages incurred by the City due to that entities miscalculations. 10. 11. Bakersfield, California, March 30, 2005 - Page 15 CONSENT CALENDAR continued ACTION TAKEN Motion byCouncilmemberHanson ~ approvei~m l~uu. APPROVED Resolution in support of Senate Bill 926 relating to biosolids. Motion by Councilmember Scrivner to deny supporting the legislation and Resolution. RES 064-05 FAILED NS CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN Motion by Councilmember Couch to adopt the Resolution, with the second to the last whereas stricken at the request of Councilmember Carson. Agreement with County of Kern for lease of real property in Northeast Bakersfield for use as a public park. Motion by Vice-Mayor Maggard to approve the Agreement. APPROVED NS SCRIVNER AGRO~fI6 APPROVED bbb. Reject bid for graffiti trucks (2). Motion by Vice-Mayor Maggard to reject the bids. APPROVED CONSENT CALENDAR HEARINGS a. General Plan Amendment 04-0838; The City has proposed a General Plan Amendment on a single lot located at 1909 Maple Avenue. MOVED TO HEARING ITEM 12.f. Resolution approving the Notice of Exemption and denying the General Plan Amendment from LR (Low Density Residential) to HMR (High Medium Residential). General Plan Amendment/Zone Change 04-1326; Porter-Robertson Engineering, on behalf of Marcus Rudnick, LLC c/o Marcia Rudnick (property owner) has proposed a General Plan Amendment and Zone Change on 42.7 acres located north of Berkshire Road generally east of South H Street. 11. Bakersfield, California, March 30, 2005 - Page 16 CONSENT CALENDAR HEARINGS continued Item 11 .b. continued Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from SI (Service Industrial) and LI (Light Industrial) to LR (Low Density Residential) on 32.7 acres and to LMR (Low Medium Density Residential) on 10 acres. ACTION TAKEN RES 069-05 First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from M-2 (General Manufacturing) and M-1 (Light Manufacturing) to R-1 (One Family Dwelling) on 32.7 acres and to R-l/PUD (One Family Dwelling/Planned Unit Development) on 10 acres. FR City Clerk McCarthy announced petitions with 165 signatures were received in opposition to the project. General Plan Amendment/Zone Change 04-1336; Porter Robertson Engineering, on behalf of Mathew A. Towery, has proposed a General Plan Amendment and Zone Change on 13 acres located along the west side of Renfro Road, south of Johnson Road and approximately 700 feet north of Stockdale Highway. Resolution approving the Negative Declaration and adopting the General Plan Amendment and changing the land use element from GC (General Commercial) to LR (Low Density Residential). First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-1 (Neighborhood Commercial) to R-1 (One-Family Dwelling) zone. RES 070-05 FR General Plan Amendment/Zone Change No. 04- 1343; Maurice Etchechury, property owner, has proposed a General Plan Amendment and zone change on 22.5 acres, located north of Snow Road, generally east of Allen Road. 11. Bakersfield, California, Mamh 30, 2005 - Page 17 CONSENT CALENDAR HEARINGS continued Item 11 .d. continued ACTION TAKEN Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from R-MP (Resource-Mineral Petroleum) to SI (Service Industrial). RES 071-05 First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-36 from NR-5 (Natural Resource-5 acres minimum) to an M-2 (General Manufacturing) zone. FR General Plan Amendment/Zone Change 03-1347; SmithTech/USA Inc., on behalf of George Spencer Jr., has proposed a General Plan Amendment on 36.03 acres and a Zone Change on two acres, located south of Hosking Avenue, generally east of South Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment and changing the land use element from LMR (Low Medium Density Residential) to LR (Low Density Residential). RES07~05 First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-32 from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on two acres. FR General Plan Amendment/Zone Change 04-1762; Porter-Robertson Engineering, on behalf of Paul Owhadi, has proposed a General Plan Amendment to the circulation element to add "collector" alignments within an area south of Panama Lane, west of South "H" Street and north of Hosking Road. Resolution approving the Notice of Exemption and adopting the General Plan Amendment to the Circulation Element. RES 073-05 City Clerk McCarthy announced correction to items 11 .c. (zone map no. 101-34) and 11.d. (zone map no, 101-01). 12. Bakersfield, California, March 30, 2005- Page 18 ACTION TAKEN Mr. Snedden requested item 11 .a. be moved to the hearing portion of the meeting. Hearings 11 .b through 11 .f. opened at 7:52 p.m. Hearings 11 .b. through 11 .f. closed at 7:54 p.m. Motion by Vice-Mayor Maggard adopt items 11.b. through 11.f. Mayor Hall reiterated the appellants for hearing item 12.a., Brian and Annette Pellens, have withdrawn their appeal and for this reason item 12.a. will not be heard. APPROVED HEARINGS Hearing to consider appeal by Brian and Annette Pellens, of the Board of Zoning Adjustment's denial of a Conditional Use Permit (File No. 04-1721) to increase an existing residential care home for the elderly from 6 to 10 clients, and to reduce the required onsite parking from 10 spaces to 4 tandem spaces in an R-1 (One-Family Residential) zone located at 2485 Spruce Street. WITHDRAWN General Plan AmendmentJZone Change No. 04- 0847; Porter-Robertson Engineering, on behalf of David Wilson, has appealed the Planning Commission's decision denying their request for a Zone Change on 7.5 acres located at the northwest corner of Brimhall Road and Calloway Ddve. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from SR (Suburban Residential) to OC (Office Commercial). RES 075-05 Resolution denying the appeal, approving the Negative Declaration and denying the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102-30 to change the zoning from R-S-10A (Residential Suburban 10 acre minimum) to C-O (Professional and Administrative Office). RES07~05 Staff comments and overhead presentation by Development Services Grady. Hearing opened at 8:01 p.m. 12. Bakersfield, California, March 30, 2005 - Page 19 HEARINGS continued Item 12.b. continued ACTION TAKEN Fred Porter, Porter-Robertson Engineering, on behalf of David Wilson, spoke in opposition to the staff recommendation. Howard Smith, Debbie Smith, Lorita Lowe, Shannon Lowe, Bruce Greenway and Jocelyn Greenway spoke in support of the staff recommendation. Hearing closed at 8:14 p.m. Motion by Councilmember Couch to grant the General Amendment and approve the zoning as a PCD. APPROVED General Plan Amendment/Zone Change No. 04- 1328; Jim Childress, on behalf of Tabitha House has proposed a general plan amendment and zone change on 55 acres located at the northeast corner of East Planz Road and Cottonwood Road. Resolution approving the Negative Declaration and adopting the general plan amendment to change the land use element from SI (Service Industrial) to LMR (Low Medium Density Residential). RES07~05 First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-09 from M-2 (General Manufacturing) to R-2 (Limited Multiple- Family Dwelling). FR Staff comments by Development Services Director Grady. Hearing opened at 8:27 p.m. No one spoke. Hearing closed at 8:28 p.m. Motion by Councilmember Carson to adopt the General Plan Amendment/Zone Change and give first reading to the Ordinance. APPROVED 12. Bakersfield, California, March 30, 2005 - Page 20 HEARINGS continued Item 12.d. continued ACTION TAKEN General Plan Amendment/Zone Change 04-1337; SmithTech/USA Inc., on behalf of Joel Frick, et al, has appealed the Planning Commission's decision denying their proposal for a general plan amendment and zone change on 94 acres located along the south side of Panama Lane 2,000 feet east of South Union Avenue and 1,680 feet west of Cottonwood Road. Resolution approving the Negative Declaration, denying the applicant's general plan amendment request and adopting the Planning Commission recommended general plan amendment to change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 65 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Exclusive Agriculture) to R-1 (One Family Dwelling). City Clerk McCarthy announced correspondence was received from Roger Smith, on behalf of SmithTech USA, requesting the item be continued to the June General Plan Cycle. Staff comments by Development Services Director Grady. Motion by Councilmember Carson to defer the issue to the June General Plan Cycle. APPROVED Continued Public Hearing to consider Max P. Bacerra and Associates, on behalf of Rogelio Tolentino, proposal of General Plan Amendment/Zone Change 03-1345 on 18.64 acres located along the northeast comer of Old Farm Road (extended) and Noriega Road. Resolution approving the Negative Declaration and adopting the general plan amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to GC (General Commercial) on five acres. RES 078-05 12. Bakersfield, California, Mamh 30, 2005 - Page 21 HEARINGS continued Item 12.e. continued ACTION TAKEN Fimt Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A- 20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 13.54 acres and to C-2 (Regional Commercial) on five acres. FR City Clerk McCarthy announced correspondence was received from Development Services Director Grady requesting the recommendation be amended to read, "adopt the Resolution, give First Reading to the Ordinance with zoning modification to C1 and the addition of three conditions." Staff comments by Development Services Director Grady. Hearing opened at 8:33 p.m. Max Bacerra, on behalf of the Tolentino family, and Nona Tolentino spoke in favor of the staff recommendation. Hearing closed at 8:36 p.m. Motion by Councilmember Couch to approve the amended recommendation. APPROVED General Plan Amendment 04-0838; the City has proposed a General Plan Amendment on a single lot located at 1909 Maple Avenue. (formerly item 11.a.) RES 07~05 Staff comments by Development Services Director Grady. Hearing opened at 8:39 p.m. William Curtis and Nick Regette spoke in favor of the staff recommendation. Hearing closed at 8:46 p.m. 12. 13. Bakersfield, California, Mamh 30, 2005 - Page 22 HEARINGS continued Item 12.f. ACTION TAKEN Councilmember Benham requested staff prepare recommendations aimed at resolving differences created by opposing zoning and General Plan Amendment designations and present them to the Planning and Development Committee. Motion by Councilmember Benham to adopt the Resolution denying the General Plan Amendment. APPROVED Recess taken from 8:49 to 8:56 p.m. REPORTS Oral Report on Bulky Waste Collection Pilot Program. City Manager Tandy and Public Works Director Rojas made comments and introduced Solid Waste Director Kevin Barnes who gave the staff presentation. Mayor Hall confirmed the next bulky item collection day will be April 9. Motion by Vice-Mayor Maggard to accept the report. APPROVED b. Community Services Committee Report: Close Beale Park Pool permanently and construct a wet playground at Beale Park. Appropriate $365,000.00 Park Improvement Fund balance to the Capital Improvement Budget for construction of a wet playground at Beale Park. Resolution determining that the wet play equipment for Beale Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000.00. RES 074-05 Councilmember Benham requested Interim Recreation and Parks Director Christensen make staff comments. Interim Recreation and Parks Director Christensen complied. 13. 15. Bakersfield, California, March 30, 2005 - Page 23 REPORTS continued Item 13.b. continued ACTION TAKEN Motion by Councilmember Benham to approve the Resolution closing the pool, construct a wet playground and appropriate funds for that purpose. APPROVED c. Report on status of graffiti efforts. Staff comments and presentation by Chief Rector. Public Works Director Rojas made staff comments and introduced Public Works Operations Manager Underwood who provided a computer presentation regarding graffiti abatement efforts. City Attorney Gennaro made comments regarding the role of a community prosecutor and gave notice of staff's intent to enforce the Municipal Code's authority to recover costs incurred by the City from those responsible for graffiti, or their parents/guardians and other quality of life cdmes. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff respond to correspondence received from Bob Campbell and contact Mr. Campbell regarding a parking problem at f~h and Eye Streets. Councilmember Benham requested the City Attorney draft a form letter outlining the City's process, position and history regarding the Northeast Trails Plan and the General Holdings fencing issue and post the letter on the website in addition to providing the letter to citizens inquiring or sending correspondence regarding the issue. Councilmember Benham requested staff review an article from the Los Angeles Times regarding walkable communities, focusing on the City of Fontana, contact Fontana City staff and developer Randall Lewis to solicit ideas to encourage walkable communities in Bakersfield, particularly the 'Safe Routes to School Program'. Councilmember Benham requested staff provide an update regarding long range plans for a new retention basin and the feasibility of shortening that time-line. Bakersfield, California, March 30, 2005 - Page 24 t3. MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham requested staff provide new signage directing motorists to the newly relocated Convention and Visitors Bureau and provide her with an update regarding the issue. ACTION TAKEN Councilmember Benham requested staff assistance in responding to a citizen of the Qua#wood area regarding updating of park equipment. Councilmember Benham provided an update regarding the installation of a fountain, sculpture and commemorative materials at the Veteran's Memorial Plaza at Truxtun and S Street by the Kern Veterans Memorial Committee, provide updated material to Council and post the information on the website. Councilmember Hanson requested information regarding sale of recyciable materials. Kevin Barnes, Solid Waste Director responded. Councilmember Hanson requested staff contact GET to request the bus stop at White Ln. and Buena Vista be relocated due to traffic difficulties generated by the drop off location at Stockdale High School. Councilmember Hanson requested staff investigate a complaint from Mr. Kurtz regarding barking dogs. Councilmember Sullivan requested an update regarding the start of the resurfacing work on White Lane from Wible to Dovewood. Councilmember Sullivan requested staff provide a date for the start of work extending Akers Rd. to Pecheco. Additionally she would like an update on installation of traffic arrows on White Ln. and Akers Rd. Councilmember Sullivan requested staff abate graffiti in Stonecreek Park. Councilmember Sullivan requested staff contact Caltrans to request abatement of graffiti at the ramp from Ming to Hwy. 99 north. Councilmember Sullivan commented regarding an event at the McMurtrey Aquatics Center. Bakersfield, California, March 30, 2005 - Page 25 13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Sullivan thanked the Mayor for mentioning the graffiti forum next Tuesday and invited the community. Councilmember Couch thanked the Mayor for his highway cleanup and Hwy. 99 beautification programs and solicited the Mayor's help in obtaining off ramp beautification from Caltrans. Councilmember Couch complimented staff on dedicated service to the community. Councilmember Scrivner complimented staff on the graffiti presentation and is anticipating the positive effect the community prosecutor will have in the battle against graffiti. Councilmember Scrivner congratulated Assistant City Manager Stinson on twenty years of service with the City. Vice-Mayor Maggard requested staff abate graffiti on a bike underpass and provided information regarding the location. Vice-Mayor Maggard requested further information regarding the Grand Canal Project. Development Services Director Grady responded. Vice-Mayor Maggard requested an update regarding asphalt application. Public Works Director Rojas responded. Vice-Mayor Maggard requested staff recommend at the next Planning and Development Committee ways to clarify and strengthen the Hillside Ordinance. Vice-Mayor Maggard requested community support for Foothill High School graduate Michael Green's family members in their endeavor to join him in Washington D.C., as he recovers from injuries suffered in Iraq, at Walter Reed Army Hospital. 15. Bakersfield, California, March 30, 2005 - Page 26 ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 10:33 p.m. A']-]'EST: MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield