HomeMy WebLinkAbout04/27/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
APRIL 27, 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. ROLLCALL
2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOP
(45 min) a.
City Council Goal Setting. (Council will recess to the City Manager's Conference Room to discuss
this item.)
4. CLOSED SESSION
Conference with Legal Counsel - Potential Initiation of Litigation; Closed Session pursuant
to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One case).
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding the following cases:
1. Gary Willis v City, et al.
2. Eugene Jackson v City, et al.
3. Bakersfield Firemen Labor Organization, et al.
RECONVENED MEETING - 6:30 p.m.
5. ROLLCALL
6. INVOCATION by Pastor George Horner, Grace Reformed Church.
7. PLEDGE OF ALLEGIANCE by Jacob Jiron, 6th Grade Student at Juliet Thorner Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mickey Sturdevant and Shirley Harris,
Mothers Against Senseless Killings, proclaiming May, 2005, as "Let No Mother Lose A
Child Month".
Presentation by Mayor Hall of Proclamation to Don Jaeger, President, Greater Bakersfield
Convention & Visitors Bureau.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
Two (2) appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of
term of Sandra Garrigan (Ward 7) and the resignation of Dana Karcher 0Nard 2).
Staff recommends Council determination.
11. APPOINTMENTS continued
12.
0Nard 7)
(Ward 4)
(Ward 4)
0Nard 1 )
0Nard 7)
t
One (1) appointment to the Planning Commission due to the expiration of term of Murray
Tragish, term expires April 30, 2005.
Staff recommends Council determination.
CONSENT CALENDAR
Minutes:
Approval of minutes of the April 6, 2005 Special Council Meeting and April 13, 2005
Regular Council Meeting.
Payments:
Approval of department payments from April 1, 2005 to April 14, 2005 in the amount of
$7,115,723.49 and self insurance payments from April 1, 2005 to April 14, 2005 in the
amount of $309,252.79.
Ordinances:
Adoption of Ordinance adding Section 16.16.110 to the Municipal Code relating to
approval of development entitlement conditioned on indemnification of City. (FR 04/13/05)
Adoption of Ordinance adding Section 2.28.120 to the Municipal Code relating to
Planning Department - general plan consistency findings. (FR 04/13/05)
Adoption 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 located north of Berkshire Rd.
generally east of South H St. (GPA/ZC 04-1326) (Applicant: Porter-Robertson Engineering,
representing Marcus Rudnick, LLC) (FR 03/30/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-34 from C-1 (Neighborhood Commercial) to R-1
(One-Family Dwelling) zone on 13 acres located along the west side of Renfro Rd., south
of Johnson Rd. and approximately 700 feet north of Stockdale Hwy. (GPNZC 04-1336)
(Applicant: Porter-Robertson Engineering, representing Towery Homes) (FR 03/30/05)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from NR-5 (Natural Resource-5 acre
minimum) to an M-2 (General Manufacturing) zone on 22.5 acres located north of Snow
Rd., generally east of Allen Rd.. (ZC04-1343) (Applicant: Maurice Etchechury,
representing M&S Land Company and Shaffer & Shaffer) (FR 03/30/05)
Adoption of Ordinance adopting 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) on 22 acres located at the northeast corner of E. Planz
and Cottonwood Roads. (ZC04-1328) (Applicant: Jim Childress, representing Tabitha
House) (FR 03/30/05)
Adoption of Ordinance adopting 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 located south of Hosking Ave., generally east of S. Union
Ave. (ZC04~1347) (Applicant: Smithtech USA, representing George L. Spencer, Jr.) (FR
03/30/05)
1t. APPOINTMENTS continued
12.
(Ward 7)
(Ward 4)
(Ward 4)
(VVard 1)
0Nard 7)
One (1) appointment to the Planning Commission due to the expiration of term of Murray
Tragish, term expires April 30, 2005.
Staff recommends Council determination.
CONSENT CALENDAR
Minutes:
Approval of minutes of the April 6, 2005 Special Council Meeting and April 13, 2005
Regular Council Meeting.
Payments:
Approval of department payments from April 1, 2005 to April 14, 2005 in the amount of
$7,115,723.49 and self insurance payments from April 1, 2005 to April 14, 2005 in the
amount of $309,252.79.
Ordinances:
Adoption of Ordinance adding Section 16.16.110 to the Municipal Code relating to
approval of development entitlement conditioned on indemnification of City. (FR 04/13/05)
Adoption of Ordinance adding Section 2.28.120 to the Municipal Code relating to
Planning Department - general plan consistency findings. (FR 04/13/05)
Adoption 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 located north of Berkshire Rd.
generally east of South H St. (GPNZC 04-1326) (Applicant: Porter-Robertson Engineering,
representing Mamus Rudnick, LLC) (FR 03/30/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-34 from C-1 (Neighborhood Commercial) to R-1
(One-Family Dwelling) zone on 13 acres located along the west side of Renfro Rd., south
of Johnson Rd. and approximately 700 feet north of Stockdale Hwy. (GPNZC 04-1336)
(Applicant: Porter-Robertson Engineering, representing Towery Homes) (FR 03/30/05)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from NR-5 (Natural Resource-5 acre
minimum) to an M-2 (General Manufacturing) zone on 22.5 acres located north of Snow
Rd., generally east of Allen Rd.. (ZC04-1343) (Applicant: Maurice Etchechury,
representing M&S Land Company and Shaffer & Shaffer) (FR 03/30/05)
Adoption of Ordinance adopting 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) on 22 acres located at the northeast corner of E. Planz
and Cottonwood Roads. (ZC04-1328) (Applicant: Jim Childress, representing Tabitha
House) (FR 03/30/05)
Adoption of Ordinance adopting 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 located south of Hosking Ave., generally east of S. Union
Ave. (ZC04-1347) (Applicant: Smithtech USA, representing George L. Spencer, Jr.) (FR
03/30/05)
12.
0Nard 4)
0Nard 1,2,3,6)
0Nard 3)
0Nard 4,7)
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-13 from A-20A (Agriculture-20 acre minimum) to
R-1 (One-Family Dwelling) on 13.64 acres and to C-1 (Neighborhood Commercial) on five
acres located at the northeast corner of Noriega and Old Farm Roads. (ZC03-1345)
(Applicant: Max Bacerra & Associates, representing Rogelio Tolentino) (FR 03/30/05)
Resolutions:
k. Resolutions of Application proposing proceeding for annexation of territory to the City
identified as:
1. Annexation No. 482 consisting of 72 acres of uninhabited land located north and
south of Brimhall Road, west of Jenkins Road.
2. Annexation No. 484 consisting of 22.5 acres of uninhabited land located north of
Snow Road, generally east of Allen Road/Zerker Road.
I. Resolution establishing new tow truck rates.
m. Resolution confirming the approval by the Assistant City Manager of the report of the Chief
Code Enforcement Officer regarding assessments of certain properties in the City for which
structures have been secured against entry or for abatement of certain weeds, debris and
waste matter and authorize collection of assessments by the Kern County Tax Collector.
n. Resolution preliminarily approving Engineer's Report and setting date for public hearing of
protests for Assessment District No. 04-3 (Solera/Rio Vista).
o. Resolution determining that certain vibratory asphalt steel drum roller and pneumatic tire
roller cannot reasonably obtained through usual bidding procedures and authorizing the
Finance Director to dispense with the formal bidding therefore, not to exceed $198,000.00.
Agreements:
p. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for
Tract 6184 located north of Olive Drive east of Jewetta Avenue.
2. Final Map and Improvement Agreements with Granite Pointe Estates, LLC, for Tract
6095 Phase 5 located north of Hosking Avenue and east of Wibie Road.
3. Final Map and Improvement Agreements with Froehlich Inc. for Tract 6121 Phase 2
located north of Brimhall Road and east of Jenkins Road.
4. Improvement Agreement with SJH One, LLC and Wallace & Smith Contractors, Inc.
for Parcel Map 11112 located north of Hageman Road and west of Coffee Road.
Kern Energy Watch Program:
1. Agreement with County of Kern, Pacific Gas and Electric Co., Southern California
Edison Co. and Southern California Gas Company to deliver the Bakersfield and
Kern County Energy Watch Program.
2. Agreement with Pacific Gas and Electric Co. ($285,000.00) for Municipal Building
Retrofit Program of the Kern Energy Watch Partnership.
3. Accept $285,000.00 grant from Pacific Gas and Electric for this project.
4. Appropriate $43,000.00 interest earnings and transfer $204,805.00 from completed
projects to the Kern Energy Watch Municipal Retrofit Capital improvement Project
within the Capital Outlay Fund.
12.
(Ward 5)
(Ward 2)
13.
14.
(Ward 5)
CONSENT CALENDAR continued
r. Sewer Line Construction:
1. Agreement with California State University-Bakersfield and Bakersfield University
Partners for construction of sewer line.
2. Easement for construction of sewer line at Cai State Bakersfield from Stockdale
Highway to Kroll Way.
Grant Agreement with United States Environmental Protection Agency ($25,000.00) for a
pilot program using a dual collection refuse truck.
Bids:
t.
Accept bid to award annual contract to AC Materials (not to exceed $750,000.00) for HUD
funded street materials (asphalt concrete) for the Streets Division.
u. Extend bid from Jim Burke Ford ($52,868.30) for four (4) additional midsize sedans for the
Building Department.
v. Extend bid from Jim Burke Ford ($386,267.58) for seventeen (17) additional Police Special
Sedans for the Police Department.
Miscellaneous:
w. Transfer and appropriate $4,264,734.00 Vehicle License Fee Receivable proceeds from the
General Fund to the Capital Improvement Budget within the Capital Outlay Fund.
x. Transfer $45,000.00 savings from various capital improvement projects to the Chester
Avenue between 24th Street and Garces Circle Project within the Gas Tax Fund.
y. Consolidated Plan 2010 and Fiscal Year 2005-06 Action Plan.
Staff recommends adoption of Consent Calendar items a through y.
CONSENT CALENDAR HEARINGS
HEARINGS
a. Public Hearing to consider Resolution establishing sewer service user charges and fees for
Fiscal Year 2005-06.
Staff recommends adoption of resolution.
b. Public Hearing to consider resolution denying the appeal by the Sierra Club of the Planning
Commission's decision approving Vesting Tentative Tract 6363 and the Negative
Declaration, located on the north side of Harris Road, approximately ¼ mile east of Old
River Road. (Engineer: SmithTech USA Inc/Subdivider: Lennar Homes)
Staff recommends continuance of hearing to the May 11, 2005 meeting.
4
t4.
(Ward 3)
15.
(Ward 3)
16.
17.
HEARINGS continued
Zone Change No. 04-1712; Dr. Gordon Nipp, on behalf of the Sierra Club, has appealed
the Planning Commission's decision adopting the Negative Declaration and approving Zone
Change 04-1712 from an A (Agriculture) zone and an R-S 2.5A (Rural Suburban -2.5
minimum) to an R-1 (One Family Dwelling) zone on 120_+ acres generally located north of
Paladino Drive, east of Valley Lane.
First Reading of Ordinance denying the appeal, adopting the Negative Declaration
and approving Zone Change 04-1712 from an A (Agriculture) zone and an R-S 2.5A
(Rural Suburban - 2.5 acre minimum) to an R-1 (One Family Dwelling) zone on
120+ acres.
Staff recommends first reading of the ordinance upholding the Planning Commission's decision
and denying the appeal.
NEW BUSINESS
a. Sale of Surplus Real Property:
Resolution declaring real property located north of Panorama Drive and west of
Morning Drive surplus to the needs of the City.
Agreement with Stepping Stone Land Development ($579,500.00) to purchase
property located north of Panorama Drive and west of Morning Drive.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectively submitted,
Ala~nn Tandy~~
City Manager
pi
04/21/05 10:50am
5
AGENDA HIGHLIGHTS
APRIL 27, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
Council will recess to the City Manager's Conference Room to discuss the goals of the City Council.
Council may choose to update these goals or make additional modifications as desired.
CLOSED SESSION
There will also be conferences with legal counsel regarding one item of potential litigation and three cases
of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
APPOINTMENTS
There will be two appointments to the Keep Bakersfield Beautiful Committee and one appointment to the
Planning Commission.
CONSENT CALENDAR
Resolutions
Item 121. Resolution Establishinq New Tow Truck Rates. Due to increases in operational costs, a rate
increase is requested. The proposed rates were calculated using the averaged allowable rates from the
California Highway Patrol's 2004-05 rate schedules for the six tow companies who have current contracts
with both the City and Highway Patrol.
Item 12o. Resolution Authorizinq the Finance Director to Dispense with the Formal Biddinq Process to
Purchase Certain Road Construction Equipment, in an amount not to exceed $198,000. In order to take full
advantage of the current year's resurfacing/reconstruction season, staff is recommending the immediate
purchase of a vibratory asphalt steel drum roller and a pneumatic tire roller. Only one vendor in town (Quinn
Company) has both items in stock and can provide immediate delivery. The City is able to acquire these
two pieces of equipment at a generous discount. The cost is anticipated to increase by 4.5% after May 2®.
This purchase will allow staff to repair more streets during the upcoming paving season.
Aqreements
Item 12s. Grant Aqreement with United States Environmental Protection Aqency for a Pilot Proqram Usin(~
a Dual Collection Refuse Truck. The "dual collection" refuse truck can collect residential refuse and green
waste in one trip, rather than in two separate weekly trips. The refuse and green waste would then be
unloaded separately at the recycling facility, after which the refuse would be transported to the landfill.
Reduced truck travel has several benefits, including street and fleet maintenance cost savings; liability cost
reductions; air pollution reduction; and easier service for citizens.
The U.S. Environmental Protection Agency (U.S. EPA) has awarded a $25,000 air pollution reduction grant
to fund a 6-month pilot program for dual collection to measure the amount of air pollution savings from
reduced fuel consumption. The pilot program will begin in late May or early June, depending on the time
needed for truck modification. The grant covers the cost of modifying an existing refuse truck, along with
printing and mailing flyers to 2,200 homes in the pilot program areas. Residents will not have to do anything
different to participate. The U.S. EPA has requested presentation on the progress of the pilot program at
Agenda Highlights
April 27, 2005
Page 2
the national EPA conference in Chicago in August 2005. Information on this pilot program will be shared
with the contract refuse haulers, so that they may evaluate it for their operations.
Bids
Item 12t. Award Annual Contract to AC Materials for HUD-Funded Street Materials in an amount not to
exceed $750.000. This annual contract is used for purchasing asphalt concrete to repair streets in areas of
the City receiving HUD funding. Two acceptable bids were received. Staff recommends award to AC
Materials.
Items 12u. andv. Extend Bids from Jim Burke Ford for 4 Additional Midsize Sedans for the Buildinq
Department ($52,868.30) and 17 Additional Police Special Sedans ($386.267.58). The bid specifications
for these vehicles included a provision whereby, with the written approval of both the bidder and the City,
the City may purchase additional units at the same per-unit cost for a period of time. Jim Burke Ford has
indicated their approval. These additional sedans were included in the budget restoration actions taken by
Council.
Miscellaneous
Item 12w. Transfer and Appropriate $4,264,734 Vehicle License Fee Receivable Proceeds from the
General Fund to the Capital Improvement Budqet within the Capital Outlay Fund. On February 9, 2005,
Council approved a Resolution authorizing the sale of the City's vehicle license fees (VLF) to a third party.
The sale proceeds were to be used for street resurfacing projects, which qualified the City to participate in
the tax-exempt portion of the financing. This item commits, by appropriation, the sale proceeds for street
resurfacing capital projects, which are listed in the administrative report. The total resurfacing projects to be
funded with the VLF sale proceeds is estimated at $4,449,000. Any variance between the VLF funds
available and the bid amount will be reconciled with the award of bid.
Item 12y. Consolidated Plan 2010 and FY 2005-06 Action Plan. The City's Consolidated Plan 2005 which
allows the City to receive over $4 million of entitlement funds from the Federal Department of Housing and
Urban Development (HUD) for housing and community development projects and programs will be expiring
on June 30, 2006. In order to continue receiving federal funds from HUD, a new Consolidated Plan
(ConPlan) will need to be adopted and submitted to HUD by May 16, 2005.
The ConPlan is a long range plan required by HUD that outlines how a jurisdiction intends to meet identified
local housing and community development needs over a three to five year period. The City received input
and comments from residents and community stakeholders, particularly from the Iow-income community for
needs such as affordable housing, creation of jobs, public facilities and services, and adequate
infrastructure. Potential HUD applicants such as non-profit agencies, affordable housing developers, and
the local public housing authority cannot obtain HUD financing without a consistency certification from the
City that identifies their application requests as consistent with the goals and objectives of the City's HUD
approved ConPlan.
Both the ConPlan and the FY 2005/06 Action Plan were reviewed at the February 9, 2005 Budget and
Finance Committee meeting, when it was recommended to be referred to the full City Council. The Action
Plan budget for next fiscal year is $5,878,973 and composed of the following funding sources: Community
Development Block grant - $3,794,782 (includes $50,000 of program income); HOME Investment
Partnership Act - $1,932,353 (includes $45,164 American Dream Downpayment Initiative and $200,000
program income); and Emergency Shelter Grant - $143,845. A description of the proposals is included in
the administrative report.
HUD will have up to 45 days to review the plan for compliance with federal regulations. Funds for next
fiscal year are expected to be released subsequent to July 1, 2005, after a HUD grant agreement for the
three entitlement programs has been executed between the City and HUD. If the City Council chooses to
Agenda Highlights
April 27, 2005
Page 3
further consider the ConPlan prior to granting approval, this item can be deferred to the May 11, 2005
Council meeting and still meet HUD's May 16, 2005 deadline.
HEARINGS
Item 14a. Public Hearinq to Consider Resolution Establishinq Sewer Service User Charqes and Fees for
FY 2005-06. City staff is recommending a 4.2% increase in all sewer user charges for FY 2005-06. If
approved, the rate for a single-family dwelling will increase from $120 to $125 per year. Additional rate
increases for hospitals, schools and daycare centers are also being phased in as adopted in the FY 2001-
2002 sewer user fee schedule. These rates will go up according to the scheduled phase-in plus the 4.2%
increase as shown in the administrative report. These fee phase-ins were originally adopted by the City
Council on May 16, 2001.
Fees for processing applications for new permits and permit renewals are being added to cover the
overhead associated with processing septage discharge permits. An application fee ($50) and a cost
recovery rate schedule are being instituted to recover the costs associated with industrial waste discharge
applications and the laboratory costs associated with monitoring industrial discharges. Sewer user fees and
charges are collected with property taxes by the Kern County Tax Collector pursuant to the Bakersfield
Municipal Code,
Item 14b. Public Hearinq to Consider the Sierra Club's Appeal of the Planninq Commission's Decision
Approvin(3 Vestino Tentative Tract 6363 on 80.19 Acres Located on the North Side of Harris Road,
Approximately lA Mile East of Old River Road. On March 3, 2005, the Planning Commission approved the
tract containing 269 lots for purposes of Single-Family development, one lot for a park, one lot for a sump
and 3 lots for railroad right-of-way. The Sierra Club filed an appeal to the Commission's decision based on
their standard issues. Staff recommends continuing the hearing to the May 11th Council meeting.
Item 14c. Public Hearinq to Consider the Sierra Club's Appeal of the Planninq Commission's Decision
Approvinq a Zone Chanqe on 120 +/- Acres Generally Located North of Paladino Drive, East of Valley
Lane. On March 3, 2005, the Planning Commission recommended approval of a zone change from A
(Agriculture) and R-S 2.5A (Rural Suburban - 2.5 acre minimum) to R-1 (Single-Family Dwelling). Mclntosh
and Associates, on behalf of Mallady Reddy, has applied for this Zone Change to bring the zoning of the
land into consistency with the approved General Plan designation of the site. The Sierra Club filed an
appeal to the Commission's decision based on their standard issues. Staff recornmends adoption of the
ordinance denying the appeal and upholding the decision of the Planning Commission approving the zone
change, with conditions that include voluntary mitigation measures proposed by the applicant.
NEW BUSINESS
Item 15a. Sale of Surplus Property. In 1991, the City acquired 11.585 acres from Panorama Hills
Development for a future park. The property was never developed due to the inability to form a
maintenance district, and it was impractical to develop it until adjoining properties were developed.
Stepping Stone Land Development has offered to buy the City's property for $579,500 to incorporate it into
a planned development. The City will retain the portion of property underneath the power lines for the
Northeast Parks and Trails Plan, plus 1/2 acre for a staging area. Since the property was purchased, in part,
using $230,000 of State grant monies, the proceeds of the sale will need to be used for the acquisition of
replacement park land.
Approved:
Alan Christensen,
Assistant City Manager
cc:
Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: April 27,2005
AGENDA SECTION: Workshop
ITEM: ~, 0.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
APPROVED
DEPARTMENT HEAD
April 15, 2005
CITY ATTORNEY
CITY MANAGER ~-~
City Council Goal Setting
(Council will recess to the City Manager's Conference Room to discuss this item.)
RECOMMENDATION:
Council determination.
BACKGROUND:
This item includes an update of the City Council Goals which were adopted by the City Council on
September 24, 2003. The Council may choose to update these goals or make additional modifications as
desired. A status report on the status of the current goals is provided for your information.
The City Manager and Department Heads recently reviewed the goals and their changes to the goals are
also included in the report. Additions are shown in red-line (or underlined).
The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020 report and
provide policy guidance to staff for budgetary and program implementation.
April 15, 2005, 4:10PM
S:~,dmin Rpts~2005\Council goals admin-04-27-05.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Closed Session
ITEM: H. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 20, 2005
DEPARTMENTHEAD
CITY ATTORNEY
CIT~MANAGER
Conference with Legal Counsel -- Potential Litigation
APPROVED
Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code
section 54956.9 - one case
VG:do
S:\COUNCIL\CI Sess~Admins\04-05~2005\04-27-05 PotentJaLdoc
4/20/2005
ADMINISTRATIVE REPORT
IMEETING DATE: April 27, 2005
AGENDA SECTION: Closed Session
ITEM: H.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 20, 2005
APPROVED
DEPARTMENTHEAD
ClTYATTORNEY
CITYMANAGER
SUBJECT:
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
1. Gary Willis v. City of Bakersfield, et al.
USDC Central Distdct Case No. CV-04-3098 MRP
2. Eugene Jackson v. City of Bakersfield, et al.
USDC, Eastern District, Case No. CV-F-03-6111 OWW TAG
VG:do
S:\COUNCIL\CI Sess~,dmins\04-05~005\04-27-05 Existtit.doc
4/20/2005
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Presentations
ITEM: 0~. &,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 14, 2005
DEPARTMENT HEAD ~P. PR~VED
CITY A'I-rORNEY I¥ ~
CITY MANAGER //'~'/
Presentation by Mayor Hall of Proclamation to Mickey Sturdevant and Shirley Harris from
Mothers Against Senseless Killings, proclaiming May, 2005, as "Let No Mother Lose A
Child Month".
RECOMMENDATION:
BACKGROUND:
ndw
April 14, 2005, 2:17PM
S:\MAYOR~ADMIN\LET NO MOTHER LOSE A CHILD MONTH.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 14, 2005
AGENDA SECTION: Presentations
ITEM: 0,, b.
DEPARTMENT HEAD
CITY ATrORNEY
CITY MANAGER /'~
Presentation by Mayor Hall to Don Jaeger, President, Greater Bakersfield Convention &
Visitors Bureau.
RECOMMENDATION:
BACKGROUND:
ndw
April 14, 2005, 2:20PM
S:\MAYOR~ADMIN\DON JAEGER.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Appointments
ITEM: ~[.~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 5, 2005
APPROVED
DEPARTMENT HEAD~"'~ ~ ~T
CITY ATTORNEY ~,~,~--~
CITY MANAGER
Two appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of
term of Sandra Garrigan 0Nard 7) and the resignation of Dana Karcher 0Nard 2)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently, there are two appointments to the Keep Bakersfield Beautiful Committee due to the expiration of
term of Sandra Garrigan, Ward 7, and the resignation of Dana Karcher, Ward 2. The news release for this
recruitment was posted on February 15, 2005.
Applications have been received from the following individuals:
· Gregory Stuart Gordon
· Sheryl Lynn Graab
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight members appointed by the Mayor and Councilmembers who will take on the responsibility of
decision making for the beautification program. Terms of office run concurrent with the term of the
nominating Mayor/Councilmember, however it is not necessary for a Councilrnernber to nominate a
resident from his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
Apd[ 15, 2005, 8:50AM
S:\Bds&Comm~KBBC~Admin April 27 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 15, 2005
APPROVED
DEPARTMENT HE/~,.~,~_
CITY ATTORNEY -
CITY MANAGER ~'~
One appointment to the Planning Commission due to the expiration of term of Murray
Tragish, whose term expires April 30, 2005. (VVard 5)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the expiration of term of Murray Tragish.
The news release for this recruitment was posted on March 16, 2005.
Applications for appointment have been received from the following:
· Murray Tragish
· Curtis Bond
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 5.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Councilmember.
April 15, 2005, 3:55PM
S:'~Bds&Comm~PLANNING~ADMIN April 27 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
TEM: [~..0..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
April 15, 2005
APPROVED
DEPARTMENT HEAD ~ /2/~,[~.~
CITY ATTORNEY
CITY MANAGER ~
Approval of minutes of the April 13, 2005 Council Meeting and the approval of minutes of
the April 6, 2005 Special Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent Calendar
ITEM: |~ ,b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 14, 2005
APPROVED
DE.ARTMENT "EAD .,~< ~ ~
CITYATTORNE
CITY MANAGER ./~
Approval of department payments from April 1, 2005 to April 14, 2005 in the amount of
$7,115,723.49 and self insurance payments from April 1, 2005 to April 14, 2005 in the
amount of $309,252.79.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,424,976.28.
BACKGROUND:
klg
April 14, 2005. 2:54PM
S:~KimG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
JAGENDA SECTION: Consent Calendar
ITEM: ~, c.,..
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 14, 2005 CITY ATTORNEY
CITY MANAGER //~
SUBJECT:
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 adoption of this ordinance.
BACKGROUND:
This ordinance had first reading on April 13, 2005.
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.
S5CO U N CIL~Ad mins\04*05 Admins\l 6.16.110.Developmer~6ndem ni[y,2r~d,doc
April 14, 2005 - 9:55 AM
IMEETING DATE: April 27, 2005
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: Ig.,d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 14, 2005
DEPARTMENT HEAD
ClTY ATTORNEY ~
CITY MANAGER ~
APPROVED
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 adoption of this ordinance.
BACKGROUND:
This ordinance had first reading on April 13, 2005.
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.
April 14, 2005 - 9:54 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
February 15, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
An Ordinance adopting 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, located north of Berkshire Road,
generally east of South H Street (ZC 04-1326). (Applicant: Porter-Robertson Engineering
representing Marcus Rudnick, LLC) 0Nard 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on March 30, 2005.
The purpose of the request is to allow for the removal of the existing structures on the site that
were used for a packing and slaughter facility for several years but has since been closed. The
owner wishes to develop residential for the site. Them were no agencies in opposition to the
request.
The Planning Commission conducted public hearing(s) on this Zone Change and recommended
approval to the City Council on December 9, 2004. Them was public opposition to the requested
Zone Change. Several surrounding property owners were in opposition to the Zone Change
request for apartments on the 10 acres. The owners in opposition stated that the density of the
apartments was what they did not want on the site. The applicant at the hearing stated that they
would submit another request for small single family residential lots for the site at a later time. For
this reason the Planning Commission approved the R-1 zone on the 32 acres and R-l/PUD zone
on the 10 acre site, insuring the 10 acres is developed as single family dwellings.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
November 2, 2004, in accordance with CEQA.
MO
Admin\4-13-1326-2nd
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 5, 2005
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
APPROVED
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 101-34 from C-1 (Neighborhood Commercial) to R-1 (One-Family
Dwelling) on approximately 13 acres located along the west side of Renfro Road, south of
Johnson Road and approximately 700 feet north of Stockdale Highway (ZC 04-1336).
(Applicant: Porter-Robertson Engineering representing Towery Homes, Inc.) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Mitigated Negative Declaration and made first reading of the
ordinance on March 30, 2005.
The applicant's proposed amendment would allow 61 single-family lots on approximately 13 acres.
Applicant has agreed to all conditions and mitigation for the project.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on December 6 and 16, 2004.
Staff conducted an initial study and it was determined that with mitigation, the project would not
have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was
prepared and posted on November 18, 2004.
RED
Admin\apr\4-27-1336
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent
TEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 5, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-01 from NR-5 (Natural Resource-5 acres minimum) to an
M-2 (General Manufacturing) zone on 22.5 acres, located along the north side of Snow
Road generally east of Allen Road (ZC 04-1343). (Maurice Etchechury representing M&S
Land Company, LLC and Shaffer & Shaffer, LLC) 0Nard 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on March 30, 2005.
This amendment to the general plan would permit the development of industrial uses on the 22.5
acre site. The Planning Commission conducted public hearing(s) on this General Plan
Amendment/Zone Change and recommended City Council approval on December 16, 2004. The
M-2 zone is the functional equivalent of the County's NR-5 zone. The requested zone will permit
the existing oil-related activities to continue "by right."
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
November 1, 2004, in accordance with CEQA.
No one was in opposition to the request and the applicant agreed to all conditions and mitigation
for the project.
MO
Admin~apA4-27-1343-2nd
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent
ITEM: ~o3., h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 7, 2005
APPROVED
DEPARTMENT HEAD~----~
CITY ATTORNEY /,/~
ClTY MANAGER
Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 124-09 to change the zoning from M-2 (~crter~j Manufacturing) to R-2
(Limited Multiple Family) on approximately 22 acres located at the northeast corner of East
Planz Road and Cottonwood Road (ZC 04-1328). (Applicant: Jim Childress representing
Tabitha House) (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on March 30, 2005. The City Council
also adopted conditions of approval which are provided in Exhibit C of the ordinance.
This ordinance reflects the general plan amendment in the zoning ordinance.
MG
Admin\apr~4-27-1328-2nd
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services DEPARTMENT HEAD
February 15, 2005
CITY ATTORNEY
CITY MANAGER
An Ordinance adopting 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 located south of Hosking Avenue, generally east of South Union
Avenue (ZC 04-1347). (Applicant: Smithtech USA, Inc. representing George L. Spencer,
Jr. ) (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on March 30, 2005.
This amendment to the general plan would permit the development of single family residential units
on the 35 acre site. The overall request is much less "intensive" than either permitted by the
existing zoning or the general plan designation for the site. The Planning Commission conducted
public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council
approval on December 16, 2004. No one was in opposition to the request and the applicant
agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
November 2, 2004, in accordance with CEQA.
MO
Admin\mar\4-27-1347-2nd
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 13, 2005
APPROVED
DEPARTMENT HEAD,,~.-~
CITY ATTORNEY /~--
ClTY MANAGER ~
SUBJECT:
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and
Zoning Map No. 101-13 changing the zoning district from A-20A (Agriculture-20 acre
minimum) to R-1 (One-Family Dwelling) on 13.64 acres and to C-1 (Neighborhood
Commercial) on five acres located at the northeast corner of Noriega Road and Old Farm
Road (ZC 03-1345). (Applicant: Max Bacerra & Associates representing Rogelio
Tolentino) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Mitigated Negative Declaration and made first reading of the
ordinance on March 30, 2005.
The Council approved a C-1 zone and added three conditions of approval to address the concerns
of an adjacent property owner.
The applicant's proposed amendment would allow 75 single-family lots on 13.64 acres and 1,000
square feet of gross leaseable area on five acres. Applicant has agreed to all conditions and
mitigation for the project.
The Planning Commission conducted public hearings on December 6 and 9, 2004 this General
Plan Amendment/Zone Change and recommended City Council approval on December 9, 2004.
Staff conducted an initial study and it was determined that with mitigation, the project would not
have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was
prepared and posted on November 18, 2004.
RED
Admin\mar~3-30-1345-2nd
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent
TEM: ~A,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 5, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Resolutions for Annexation Applications proposing proceedings for annexation of
territory to the City of Bakersfield as identified as:
Annexation No. 482, consisting of 72 acres of uninhabited land located north
and south of Brimhall Road, west of Jenkins Road. (Ward 4).
Annexation No. 484, consisting of 22.5 acres of uninhabited land located north
of Snow Road, generally east of Allen Road/Zerker Road. (VVard 4).
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory
to the City of Bakersfield. The proposed annexations are identified as Annexation No. 482
contains 72 acres and Annexation No. 484 is 22.5 acres. Each annexation is adjacent to
the City limits and both are within the City's Sphere of Influence boundary.
The property owners of each area have consented to annexation. The proposal is to
annex the land and develop and receive city services.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 95-244) between the City of
Bakersfield and County of Kern. The basis for this determination is that this annexation is
covered under b.7. of the agreement "Annexation of Uninhabited Land and Residential
Development."
MO
Admin\4-27-482-484
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent Calendar
ITEM: I~.. [.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
W. R. Rector, Chief
March 29, 2005
DEPARTMENT HEAD
CITY ATTORNEY. ~'~'
CITY MANAGER ,~
Adoption of Resolution Establishing New Tow Truck Rates
OVED
RECOMMENDATION: Staff recommends adoption of the new rates for tow truck companies.
BACKGROUND:
The current rates for tow truck services were established in 2002. Due to increases in operational costs
which include fuel, liability and workers compensation insurance, wages, and updated equipment, a rate
increase is requested. The proposed increases align allowable City of Bakersfield tow rates with allowable
tow rates for the Bakersfield Office of the California Highway Patrol.
The proposed rates were calculated using the averaged allowable rates from the California Highway
Patrol's 2004-2005 Rate Schedules for the six tow companies who have current contracts with both the
City of Bakersfield and the Bakersfield Office of the California Highway Patrol. Those companies are:
Golden Empire Towing, H &S Towing, Barnett's Towing, Louie's Towing, Jim's Towing and Randy's
Towing.
(TDT/JCB:plp)
March 29, 2005, 8:07AM
MC30PD01CC
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent
ITEM l~.r~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Building
April 15, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
SUBJECT:
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1, 2 3 and 6)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on April 11, 2005, by the Assistant City Manager
and all proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned
dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds,
debris and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director, the
Director issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. Vacant Lot So. Of Collins Way & Potomac 019-122-09 $1,989.00
2. 220 Clyde St. 018-350-04 $ 439.00
3. 3204 Cottonwood Rd. 172-041-36 $ 289.00
4. 500 L St. 009-440-01 $ 870.00
5. 501 L. St. 009-302-10 $ 570.00
6. 1115 Murdock St. 018-112-04 $ 739.00
7. 1214 Murdock St. 018-111-12 $ 490.00
8. 818 Q St. 009-202-03 $ 945.00
9. 822 Q St. 009-202-04 $ 845.00
10. 1416 Williams St. 015-130-08 $ 1,120.00
April 14, 2005, 9:03AM
P:~admin report oct6bll.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
ITEM: t~,~,
TO: Honorable Mayor and City Council APPROVED,
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 12, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Assessment District No. 04-3 (Solera/Rio Vista): Resolution Preliminarily Approving
Engineer's Report, Setting Date for Public Hearing of Protests. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On January 26, 2005 the City Council adopted the Resolution Approving the
Boundary Map, Resolution of Intention 1368 and the Resolution Accepting Petition and Determining to
Undertake Special Assessment Proceedings for Assessment District No. 04-3.
The proposed district has two distinct sub areas as follows:
Solera: This sub area is located south of State Highway Rt. 178, west of Miramonte Drive, east of
Alfred Harrell Highway and is planned for new residential development. It is proposed that the
improvements for this sub area will be constructed by the developer (Pulte Home Corporation), with
acquisition of the improvements upon completion. The improvements include construction of 24", 30"
water line and a booster pump station for Tract 6149.
Rio Vista: This sub area is located south of State Highway Rt. 178, east of Miramonte Drive and is
planned for new residential development. It is proposed that the improvements for this sub area will be
constructed by the developer (Pulte Homes Corporation), with acquisition of the improvements upon
completion. The improvements include construction of 24", 30" water lines and a booster pump station
for Tracts 5997 and 5998.
The primary motive for combining two sub areas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public
hearing to hear protests on May 25, 2005.
Once the Resolution is adopted, the next step is to mail notices and have the Assessment
Engineer prepare and file with the City Clerk a Final Engineer' Report. The Final Engineer's
Report will be ready for Council's adoption on the May 25, 2005 meeting just after the close of the
protest hearing.
PW:jas
Apd112, 2005, 2:24PM
G:\GROU PDAT1ADMI N R PT~2005\04-27~AD04-3Prenor[~! doc
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
Ward 2/Councilmember Benham
11. 1811 20th St. 003-362-03 $ 6,610.00
Ward 3/Councilmember Ma,qRard
12. 2918 Bucknell St. 021-052-12 $ 1,734.00
13. 2708 Hollins St. 021-362-10 $ 269.00
14. 3815 K St. 120-060-08 $ 360.00
15. 4308 Player Ct. 434-062-12 $ 670.00
Ward 6/Councilmember Sullivan
16. 4704 Gardenwood Ln.
403-251-12 $ 324.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
Apd[ 14, 2005.9:03AM
P:\admin report oct6bll.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
ITEM: t~.O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 6, 2005
APPROVED
DEPARTMENT HEAD//)~._-
CITY ATTORNEY ~4~
CITY MANAGER ~
Resolution determining that certain Vibratory Asphalt Steel Drum Roller and Pneumatic Tire
Roller cannot be reasonably obtained through usual bidding procedures and authorizing the
Finance Director to dispense with the formal bidding therefore, not to exceed $198,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Because of weather conditions, city crews start the street reconstruction/resurfacing
process in late March or early April of each year and continue through November. In order to take full
advantage of the current year's resurfacing/reconstruction season, we are recommending the immediate
purchase of a vibratory asphalt steel drum roller and a pneumatic tire roller. Only one vendor in town
(Quinn Company) has both items in stock and can provide immediate delivery. These pieces of equipment
will be put to use immediately in resurfacing/reconstructing City streets.
The vendor's price for these two pieces of equipment also includes a Governmental Merchandise Program
discount of $31,851 for the pneumatic tire roller and a $60,095 discount for the vibratory asphalt steel
drum roller for a total discount of $91,946. In addition, equipment prices are anticipated to increase by
4.5% after May 2, 2005, because of increases in the price of steel.
Acquiring these two pieces of equipment early on in the season would allow staff to expedite the process
and repair more streets during the upcoming paving season. Therefore, staff recommends that the Council
find that the purchase of both pieces of equipment can only be reasonably obtained from one vendor
(Quinn Company) because of their ability to provide quick delivery on both rollers. Staff also recommends
that the Council authorize the Finance Director to dispense with bidding therefore and to negotiate the
purchase of same, not to exceed $198,000.
G:\GROUP DAT~ADMI N RPT~2005\04-27~Street Equip,doc
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
TEM: ~ ;I. [3.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 12, 2005
Tract Maps and Improvement Agreements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ,~
CITY MANAGER
Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract
6184 located north of Olive Drive east of Jewetta Avenue. (VVard 4)
Final Map Improvement Agreements with Granite Pointe Estates, LLC, for Tract 6095
Phase 5 located north of Hosking Avenue and east of Wible Road. (Ward 7)
Final Map and Improvement Agreements with Froehlich Inc. for Tract 6121 Phase 2 located
north of Brimhall Road and east of Jenkins Road. (Ward 4)
Improvement Agreement with SJH One, LLC, and Wallace & Smith Contractors, Inc. for
Parcel Map 11112 located north of Hageman Road and west of Coffee Road. (Ward 4)
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.
Apd112, 2005, 11:22AM
G:\GROUPDAT'~ADMINRPT~2005\04-27~MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
AGE,?DA SECTION: Consent Calendar
MEETING DATE: April 27, 2005 ITEM. ~,~
TO: Honorable Mayor and City Council A,~IOVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~ (,__ .
DATE: April 21, 2005 CITY ATTORNEY ~
CITY MANAGER ,//~ ,,
SUBJECT:
Kern Energy Watch Program (All Wards):
1. Agreement with City of Bakersfield, County of Kern, Pacific Gas and Electric Company,
Southern California Edison Company, and Southern California Gas Company for the
Kern Energy Watch Program.
2. Financial Incentive Agreement ($285,000) for Municipal Building Retrofit Program of the
Kern Energy Watch Program.
3. Accept $285,000 grant from PG&E for this Project.
4. Appropriate $43,000 interest earnings and transfer $204,805 from completed projects to
the Kern Energy Watch Municipal Retrofit Capital Improvement Project within the
Capital Outlay Fund.
RECOMMENDATION: Staff recommends approval of Agreements, acceptance of grant proceeds,
and approval of appropriation and transfer.
BACKGROUND: At the October 8, 2003 City Council meeting, a Resolution was approved authorizing
the submission of a grant application to the California Public Utilities Commission (PUC) for energy
conservation programs for commercial and residential users in Bakersfield and Kern County (the
Bakersfield and Kern County Energy Watch Program). PG&E (lead agency) and Staple/Hutchinson and
Associates (consultant) submitted a two-year application and in December 2003 the Bakersfield/Kern
County application was awarded $5.5 million. The majority of the grant funds will be used by PG&E and
the consultant to market the Energy Watch Program in Bakersfield and in Kern County and provide direct
install services to residential and commercial customers. This application provided that 20% of the grant
award would be shared between the City of Bakersfield and the County of Kern (up to approximately
$550,000 each) toward making necessary energy-saving improvement to government building upgrades.
The agreement listed under item I basically is a master agreement for the overall implementation of the
Kern Energy Watch activities in Bakersfield and Kern County. Because of the size of this proposed
agreement and supporting documents, the exhibits were not included in the Council packets and they can
be reviewed in the City Clerk's office.
The agreement listed under item 2 is a Financial Incentive Agreement that is part of the Municipal Building
Retrofit Program, an integral portion of the Kern Energy Watch Program. This agreement specifies that
PG&E will pay a financial incentive of $285,000 to the City of Bakersfield to help defray the cost of energy
saving projects in the following seven City owned properties: Rabobank Arena, Rabobank Theater and
Convention Center, the Ice Sports Center, City Corporation Yard - Building B, Fire Station # 1, the
Downtown Parking Garage, and a water pump at Beach Park.
G:~GROUPDAT~DMiNRP'r~2005\04-27~PG&E Energy Eft Grant Agree.doc
4/21/2005 8:26 AM
ADMINISTRATIVE REPORT Page 2
This Financial Incentive Agreement lists consultant's estimated project costs totaling $514,756. Staff has
included a 15% contingency to the consultant's cost which brings the estimated cost to approximately
$592,000. Of the projects comprising the $592,000 budget estimate, approximately $144,000 of the work
has already been completed. The remainder is being financed with $200,000 in the proposed FY 05/06
CIP budget for the Development Services HVAC improvements and $247,805 is proposed to be funded
with additional interest earnings and savings from completed capital improvement projects within the
Capital Outlay Fund.
Once the various projects have been completed, PG&E estimates that the City will conserve 1,069,446
kilowatt hours (kWh) of electricity per year. Based on the combined average cost per kWh for these
buildings, staff estimates the City will save approximately $150,000 per year in electricity costs.
Therefore, the net costs (after the $285,000 financial incentive) to the City of $307,000 will be paid back in
a little over 2 years.
G:\GROUPDAT~ADMINRPT~2005~4-27~PG&E Energy Eft Grant Agree,doc
4/21/20058:26 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent Calendar
ITEM: to~ ,lC'.
TO: Honorable Mayor and City Council .A/P?PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 6, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Easement and Agreement for a sewer line in Cai State Bakersfield (no cost to the City).
a. Approval of agreement between The City of Bakersfield, California State University
Bakersfield and Bakersfield University Partners.
b. Approval of easement for sewer line in Cai State Bakersfield from Stockdale Highway to
Kroll Way. (Ward 5)
RECOMMENDATION: Staff recommends approval of this easement and agreement.
BACKGROUND: The old Coopers Nursery site on Stockdale Highway across from Cai State is now
being subdivided with a parcel map (11052). There is no sewer line to the location. The easement and
agreement are between the City and California State University Bakersfield and Bakersfield University
Partners, This easement and agreement will allow a sewer line to be constructed within the Cai State
Bakersfield Campus to serve the new parcels and also Cai State Bakersfield for future growth. There is
no charge to the City.
G:\GROUPDAT~,DMINRP'T~2.005\04-27\sewer easement Cai State.doc
Is
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 7, 2005
DEPARTMENT HEAD ///~_PPROVED
CITY ATTORNEY ~
CITY MANAGER ~'
Approval of a Grant Agreement with the United States Environmental prOtection Agency for
$25,000.00, for a pilot program using a dual collection refuse truck.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
Staff has investigated the possibility of using "dual collection" refuse trucks to collect residential refuse and
green waste routes in one trip, rather than in two separate weekly trips currently made in each
neighborhood. Dual collection trucks would empty separate containers into separate sections of the truck,
allowing both routes to be collected in one trip. The refuse and green waste would then be unloaded
separately at the recycling facility, after which the refuse would be transported to the landfill.
Staff originally tested two brands of dual collection demonstration trucks on routes in coordination with the
City's contract haulers. Information on this pilot program will be shared with the contract refuse haulers,
so that they may evaluate it for their operations.
Dual collection has good potential to cut the residential truck mileage nearly in half, while maintaining the
same level of service. Reduced truck travel has several benefits:
Street Maintenance Cost Saving - Traffic Engineers estimate 21% longer pavement life by cutting
neighborhood trash truck travel in half.
Liability Cost Reductions - Reduced driving results in lower liability exposure, similar to auto
insurance ratings based on miles driven.
Fleet Maintenance Cost Saving - Fewer miles traveled with significant reduction in heavy startJstop
wear on route trucks.
Air Pollution Reduction - Less fuel consumed to perform the same job.
Easier Service - One less day of the week for residents to remember (or forget) to put out the carts.
The U.S. Environmental Protection Agency (U.S. EPA) has awarded a $25,000 air pollution reduction
grant to the City to fund a pilot program for dual collection. The grant is one of two awarded out of a field
of fifty nationwide applicants. The six month pilot program is to measure the amount of air pollution
savings from reduced fuel consumption using dual collection in place of the current system. The grant
covers the cost of modifying an existing refuse truck (adding a center divider in the truck body), along with
SOLID WASTE DIVISION
Apd118, 2005, 12:58PM
G:\GROUPDAT\ADMINRPT\2005\04-27\U.S. Enviromental Protection Agency Grant.doc
ADMINISTRATIVE REPORT Page 2
Meeting Date: April 27, 2005
Agenda Section: Consent Calendar
printing and mailing flyers to 2,200 homes in the pilot program areas. The U.S. EPA has requested
presentation on the progress of the pilot program at the national EPA conference in Chicago in August
2005.
Staff recommends acceptance of the grant. Upon acceptance of the grant, the City's Fleet Division will
modify one of the existing refuse trucks for dual collection. Due to the shod time before the EPA
conference, routes for the pilot program have been selected, and initial data collection has been started.
Residents will not have to do anything different to participate. Flyers will be mailed to approximately 2,200
homes in the pilot program areas to inform residents that, although both of their containers (refuse and
green waste) will be emptied by the same truck, the materials will be kept separate for recycling. The pilot
program will begin in late May or early June, depending on the time needed for truck modification.
kb
SOLID WASTE DIVISION
Apd118, 2005, 12:58PM
G:\GROUPDA'i-~ADMINRP'l~2005\04-27~U.S. Enviromental Protection Agency Grant.doc
ADMINISTRATIVE REPORT
IMEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
ITEM: to3., 7.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 15, 2005
APPROVED
DEPARTMENTHEAD /~/~'
CITY ATrO RN E/~',//~,~
CiTY MANAGER
SUBJECT: Accept bid to award annual contract to AC Materials, not to exceed $750,000.00, for HUD
funded street materials (asphalt concrete) for the Streets Division.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This annual contract is used for purchasing asphalt concrete to repair streets in areas of
the City receiving HUD funding. Invitations to Bid were sent to eleven (11) vendors. Two (2) bids were
received. The unit prices of the two (2) bidders were compared to determine the Iow bidder, AC Materials.
(See attached)
Purchasing Division
KB
S:~PU RCH',ADMIN~C05_0427_C_AC HUDStMatls.doc
Apd115, 2005, 11:19AM
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
ITEM: [~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 14, 2005
APPROVED
DEPARTMENT HEAD/f/-~ ~---'~'~'"'~:~
CITY A'I-rORNEY ~
CITY MANAGER ~
SUBJECT: Extend bid from Jim Burke Ford $52,868.30, for four (4) additional Midsize Sedans for the
Building Department.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of October 6, 2004, Jim Burke Ford was awarded the bid for the
purchase of Midsize Sedans. The specifications included a provision whereby, with the written approval of
both the bidder and the City, the City may purchase additional units at the same per unit cost for a period
of time after acceptance of the original bid. Jim Burke Ford has indicated their approval of extending the
same per unit cost for this purchase.
Funding for the four (4) additional Sedans was included in the budget restoration actions taken by City
Council on October 6, 2004 and March 9, 2005. The vehicles will be used by additional Building
Inspectors and Code Enforcement Officers as part of the restoration actions.
Purchasing Division
KB:ljm
S:~PU RCH~ADMIN~C05_0427_A_midsedanext.doc
April 14, 2005 Revised
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
IAGENDA SECTION: Consent Calendar
ITEM: [ A, V,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 13, 2005
APPROVED
DEPARTMENT HEAD ~ ~ ~
CITY ATTORNEY ~
CiTY MANAGER /~
SUBJECT:
Extend bid from Jim Burke Ford $386,267.58, for seventeen (17) additional Police Special
Sedans for the Police Department.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of October 6, 2004, Jim Burke Ford was awarded the bid for the
purchase of Police Special Sedans. The specifications included a provision whereby, with the written
approval of both the bidder and the City, the City may purchase additional units at the same per unit cost
for a period of time after acceptance of the original bid. ,Jim Burke Ford has indicated their approval of
extending the same per unit cost for this purchase.
Funding for the seventeen (17) additional Sedans was included in the budget restoration action taken by
City Council on March 9, 2005. The vehicles will be used by the additional Police Officers as part of the
restoration action.
Purchasing Division
Ke:lJm
S:",PU RCH~ADMIN~C05_0427_A_BWext.dOC
April 14, 2005 Revised
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
TEM: t~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 5, 2005
70VED
DEPARTMENT HEAD
__ r
CITY ATTORNEY
CITY MANAGER //~
Transfer and appropriate $4,264,734 Vehicle License Fee Receivable proceeds from the
General Fund to the Capital Improvement Budget within the Capital Outlay Fund.
RECOMMENDATION: Staff recommends approval of transfer and appropriation.
BACKGROUND: At the February 9, 2005 City Council meeting, a Resolution authorizing the sale of the
City's vehicle license fees (VLF) to a third party was approved by the City Council. The sale proceeds
were to be used for street resurfacing projects, which qualified the City to participate in the tax-exempt
portion of the financing. On March 17, 2005, the City received the sale proceeds. This administrative
report commits, by appropriation, the sale proceeds for street resurfacing capital projects. The streets to
be resurfaced with the VLF sale proceeds are listed below:
South H Street; Ming Ave to SR58
Mohawk St; California Ave to Truxtun Ave
Bernard St; Mt. Vernon Ave to Oswell St
Coffee Rd; F-K Canal to 900' South of Hageman Rd
Stockdale Hwy; Allen Rd to Kern River
Camino Media; Old River Rd to Lancashire St
White Ln; Dovewood to Wible Rd
South H Street; Hosking Rd to A-E Canal
For City Council information, a summary of the ClP Pavement Program (previously distributed to Council
under separate cover) is attached to this Administrative Report. This Program is sorted both by ward and
by funding source. The total resurfacing projects to be funded with the VLF sale proceeds totals
$4,449,000 per the ClP Pavement Program worksheet. This amount is an estimate only. Any variance
between the VLF funds available and the bid amount will be reconciled with the award of bid.
G:\GROUPDA'r~DMINRP'I~2005~04-27~Resurfacing Projects - VLF Funded.doc
ADMINISTRATIVE REPORT
IMEETING DATE: Apdl 27, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 14, 2005
DEPARTMENT HEAD ~r~-~'OvED
ClTY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Transfer $45,000 savings from Various Capital Improvement Projects to the Chester
Avenue between 24= Street and Garces Circle Project within the Gas Tax Fund (Ward 2).
RECOMMENDATION: Staff recommends approval of transfer.
BACKGROUND: At the January 26, 2005 City Council Meeting, staff provided information about several
~expedited projects" that needed to be designed by May 2005 in order to obtain federal funds. Those
projects included the proposed streetscape improvements on Chester Avenue between 24~h Street and
Garces Circle. The nature of the project required a field topographic survey of the project site in order to
propedy design the improvements. The City survey crews have been very busy and were not going to be
able to provide this survey in a timely manner. So staff elected to have one of our On-Call Surveying and
Civil Engineering consultants provide the field survey, which they have done. In order to pay this
consultant for the services they provided, funds need to be appropriated to this project. The funds for this
payment come from savings on other budgeted CIP projects.
P~N / Engr / adr
Apd114, 2005, 8:32AM
G:\GROUPDATV~.DMINRPT~.005~4-27~ChesterAveStreetscape.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
April 20, 2005
APPROVED
DEPARTMENT HEAD Q/~/~
ClTY ATTORNEY [~
ClTY MANAGER ~
Consolidated Plan 2010 and Fiscal Year 2005/06 Action Plan. (All Wards)
RECOMMENDATION:
Staff recommends approval of the Consolidated Plan 2010 and the FY 2005~06 Annual Action Plan and
recommends authorization for the City Manager to execute all necessary documents for submission to the
Federal Department of Housing and Urban Development (HUD).
BACKGROUND:
The City's Consolidated Plan 2005 which allows the City to receive over $4 million of entitlement funds
from the Federal Department of Housing and Urban Development (HUD) for housing and community
development projects and programs will be expiring on June 30, 2006. In order to continue receiving
federal funds from HUD, a new Consolidated Plan (ConPlan) will need to be adopted and submitted to
HUD by May 16, 2005.
The ConPlan is a long range plan required by HUD that outlines how a jurisdiction intends to meet
identified local housing and community development (HCD) needs over a three to five year period. The
main components of the ConPlan include: a housing and community economic development needs
assessment; a housing market analysis; an Analysis of Impediments to Fair Housing Choice; a strategy
that reflects general goals (priorities) and performance outcome measurements for allocating HUD funds
to address the HCD needs; a list of specific objectives for each priority need (including proposed
accomplishments); and an annual action plan (one year funding) describing how federal and local
resources will be used to address the needs and objectives identified in the ConPlan.
As required by HUD in preparing the ConPlan, the City solicited input and comments from residents and
community stakeholders, particularly from the Iow-income community for needs such as affordable
housing, creation of jobs, public facilities and services, and adequate infrastructure. Part of this public
outreach included a community opinion survey which allowed residents to express their thoughts about
housing, economic development, infrastructure and public facilities and service needs within their
community. The ConPlan contains several major components: vision and mission statements; an
analysis of housing, homelessness, public housing, community development, economic development and
other related needs; a housing market analysis; a description of the priority needs and measurable
objectives selected by the City; long-term strategies and goals to address those priority needs; an
S:~,dmins\City Council~conplan 2010 and action plan.doc
4/20/2005 8:21 AM
ADMINISTRATIVE REPORT
Page 2
explanation of how the City will work with organizations in the public, private, and non-profit sectors to help
carry out hose strategies; and a description of annual projects and activities the City will undertake to carry
out those strategies. In addition potential HUD applicants such as non-profit agencies, affordable housing
developers, and the local public housing authority cannot obtain HUD financing without a consistency
certification from the City that identifies their application requests as consistent with the goals and
objectives of the City's HUD approved ConPlan.
Both the ConPlan and the FY 2005/06 Action Plan were reviewed at the February 9, 2005 Budget and
Finance Committee meeting. The ConPlan was recommended for City Council action at their April 27,
2005 meeting. The Budget and Finance Committee also recommended that the Action Plan be referred to
the full City Council. The Action Plan budget for next fiscal year is $5,878,973 and composed of the
following funding sources: Community Development Block grant - $3,794,782 (includes $50,000 of
program income); HOME investment Partnership Act - $1,932,353 (includes $45,164 American Dream
Downpayment Initiative and $200,000 program income); and Emergency Shelter Grant - $143,845.
Community Development Block Grant - CDBG
The CDBG entitlement for Fiscal Year 2005/06 is expected to be $3,744,782 which is a slight 4.5%
decrease over our current year entitlement. Staff is also proposing the appropriation of $50,000 in CDBG
Program Income. Of the total funds appropriated for CDBG eligible activities $2,022,782 is budgeted for
administration, public services including Police and Fire Protection in eligible areas, public facilities,
housing, slum and blight removal activities and our long-term debt obligation; the principle and interest
payment for the Section 108 loan. The balance is appropriated for various Capital Improvement projects
as described below:
"P" Street Sewer Project - Ward 1 $223,000
Chester Avenue Streetscape (24th to Garoes Circle) -Ward 2 $324,000
Street Reconstruction Project - Wards 3, 6, and 7) $700,000
Fire Station #5 Construction - Ward 1 $525,000
Section 108 & BEDI Grant
The financial plan approved by the Budget and Finance Committee calls for two Section 108 loans; a $1.6
million loan for construction of Fire Station #5 and a $3.5 million loan for economic development activities.
The Action Plan notice initiated the Section 108, Public Facilities/Fire Station #5 and Police Satellite
Station processes as mandated by HUD. The loans are proposed to be repaid over 20 years from
revenues generated from Southeast Redevelopment Project Area Tax Increment.
HOME Investment Partnership ProRram - HOME
The HOME entitlement for fiscal year 2005/06 is anticipated to be $1,687,189, a 12.5% decrease over our
current year entitlement. Staff is also proposing the appropriation of $200,000 in HOME program income.
HOME funds will be used to fund $791,031 in new construction, $604,361 for Housing Urban Bakersfield -
Downpayment assistance Program and $188,719 for HOME Administration. Additionally, in compliance
with HUD regulations within the HOME program, 15% of the entitlement or $253,078 is set-aside for
certified housing development organizations or CHDO's. Also, there is a new Downpayment assistance
program entitled "American Dreams" scheduled to begin next year. Total funding for the American
Dreams program is $45,164.
Emer,qenc¥ Shelter Grant - ESG
The Emergency Shelter Grant is accounted for within the CDBG fund. The City anticipates an allocation
of $143,353 for FY 05/06 of which we propose to assist the Bakersfield Homeless Center ($60,875),
Bakersfield Rescue Mission ($60,875), and Alliance Against Family Violence and Sexual Assault
($15,000).
S:'~Admins\City Council~conplan 2010 and action plan,doc
4/20/20058:21 AM
ADMINISTRATIVE REPORT
Page 3
On March 11, 2005, a public notice was published, notifying the public of the 30-day review and comment
period for the Consolidated Plan 2010 and the FY 2005/06 Action Plan. Three written comments were
received and incorporated in the final documents.
The ConPlan and FY 05/06 Action Plan must be submitted to HUD by May 16, 2005, HUD will then have
up to 45 days to review the plan for compliance with federal regulations. Funds for next fiscal year are
expected to be released subsequent to July 1, 2005, after a HUD grant agreement for the three
entitlement programs has been executed between the City and HUD.
If the City Council chooses to further consider the ConPlan prior to granting approval, this item can be
deferred to the May 11, 2005 Council meeting and still meet HUD's May 16, 2005 deadline.
S:~Admins\City Council~conplan 2010 and action plan.doc
4/20/20058:21 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 1, 2005
APPROVED
DEPARTMENT HEAD ~(/~'-..--
CITY ATTORNEY /~
CITY MANAGER /'~
Hearing to consider a resolution establishing sewer service user charges and fees
for Fiscal Year 2005-06. (Wards 1-7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380
of the Bakersfield Municipal Code to cover cost of operation, maintenance, and future replacement of
existing equipment and treatment plant facilities. City staff is recommending a 4.2% increase in all sewer
user charges for Fiscal Year 2005-06. If approved, the rate for a single family dwelling will increase from
$120 to $125 per year. Additional rate increases for the following users are also being phased in as
adopted in the Fiscal Year 2001-2002 sewer user fee schedule. These rates will go up according to the
scheduled phase-in plus the 4.2% increase as follows:
Hospitals, year five of a seven year phase-in period.
$56.64 to $64.50 per bed
Schools, Day Care Centers, year five of a five year phase-in period.
$4.56 to $5.00 per student
Discussions regarding these phased-in rate increases were conducted with the City Council and the
Budget & Finance Committee during the Fiscal Year 2001-2002 budget process in order to update the
City's Revenue Program. The phasing-in of these fees offered the least impact to these users, while still
complying with State regulations. These fee phase-ins were originally adopted by the City Council on May
16, 2001.
See attached Exhibit A to the resolution for sewer user charge and fee details. These include the
following:
Fees for Section II - Septa,qe Discharges. Fees for processing applications for new permits and permit
renewals are being added to cover the overhead associated with processing these septage discharge
permits. Septage is septic tank waste and restaurant grease that is trucked to the treatment plant.
G:\GROUP DAT~ADMI N RPT~2005\04-27~Sewer Charges-Fees.doc
Is
ADMINISTRATIVE REPORT Page 2
Fees for Section VI - Wastewater Services - Other A.qencies are determined in accordance with
agreements entered into between the City and other agencies (Kern Sanitation, East Niles Community
Services District, and CSA 71).
Fees for Section V - Industrial Waste Discharqe Mon torin.q. An application fee ($50) and a cost recovery
rate schedule (Exhibit B) are being instituted to recover the costs associated with industrial waste
discharge applications and the laboratory costs associated with monitoring industrial discharges.
Sewer user fees and charges are collected with property taxes by the Kern County Tax Collector pursuant
to the Bakersfield Municipal Code.
G:\GROUP DAT',ADMINRPT~.005\04-2'ASewer Charges-Fees.doc
Is
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Hearings
ITEM: I~,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 19, 2005
APPROVED
DEPARTMENT HEAD,,'~'"'~
CITY ATTORNEY
ClTY MANAGER
Vestinq Tentative Tract 6363. aDoealed (Ward 5)
Resolution denying appeal by the Sierra Club of the Planning Commission's decision
approving Vesting Tentative Tract 6363 and the Negative Declaration, located on the
north side of Harris Road, approximately ¼ mile east of Old River Road (Engineer:
SmithTech USA, Inc. / Subdivider: Lennar Homes).
RECOMMENDATION:
Staff recommends continuance to May 11,2005.
BACKGROUND:
On March 3, 2005, the Planning Commission approved Vesting Tentative Tract 6363 containing
269 lots for purposes of single family development, one lot for a park, one lot for a sump and 3
lots for railroad right-of-way on 80.19 acres, zoned R-1 (One Family Dwelling) including a
request for alternate lot design, and request to waive mineral rights signatures pursuant to BMC
16.20.060 B.2. located on the north side of Harris Road, approximately ~ mile east of Old River
Road.
The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision
stating the cumulative impacts to air quality, biological resources and traffic are significant. See
attached letter of appeal from the Sierra Club.
Prior to the Planning Commission hearing, the Sierra Club submitted a letter in opposition to the
project, which staff prepared responses (Background Attachment # 1). No one spoke during the
Planning Commission hearing.
Mr. Nipp is of the opinion the cumulative analysis for air quality study is flawed. See attached
letter of appeal from the Sierra Club. The San Joaquin Valley Unified Air Pollution Control
District (APCD) submitted correspondence that concurred with the conclusions of the "Air
Quality Impact Analysis" (August 2004) prepared by WZl, Inc. (See Background Attachment A).
Thus, Mr. Nipp's opinion that the study was incorrectly prepared is not substantiated by APCD.
ADMINISTRATIVE REPORT Pa0e2
It is not necessary to analyze the biological impact of every development project. If it were, the
law would clearly require biological impact studies for all development. Clear thresholds are
provided by the state in the standardized environmental checklist used by the City of
Bakersfield. On this project, the City is able to determine that due to the previous long term
agricultural use of the land, the impact on species, which do not have special protection under
Federal and State Law, is less than significant. The determination of less than significant
responds directly to the questions asked in the CEQA initial study questions in Background
Attachment # 2. This determination is supported by the provisions in the Metropolitan
Bakersfield Implementation/Management agreement between the Federal and State Wildlife
agencies and the City and County, The MBHCP and the Endangered Species Inventory In
Support of the Conservation Plan, hereby incorporated by reference.
Cumulative traffic impacts have been addressed with the adoption of the Regional
Transportation Impact Fee (TIF), which this project will pay. The TIF evaluated the existing
single family residential land use of the project site in identifying the improvements needed to
serve it. The cumulative traffic impact is less than significant and no further traffic study is
needed.
Conclusion:
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Initial Study/Negative Declaration (See Background Attachment # 2). Staff
recommends upholding the Planning Commission's decision to adopt the negative declaration,
conditionally approve the tentative tract map and deny the appeal.
JE
Admin\4-27-6363
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: Hearings
TEM: I~, C-,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 18, 2005
APPROVED
DEPARTMENT HEAD.~,~
CITY ATTORNEY~
ClTY MANAGER ~x~/j
Zone Chan,qe No. 04-1712, Appealed 0Nard 3)
Dr. Gordon Nipp, on behalf of the Sierra Club, has appealed the Planning Commission's decision
adopting the Negative Declaration and approving Zone Change 04-1712 from an A (Agriculture)
zone and an R-S 2.5A (Rural Suburban - 2.5 acre minimum) to an R-1 (One Family Dwelling) zone
on 120+ acres, generally located north of Paladino Drive, east of Valley Lane.
Ordinance denying the appeal, adopting the Negative Declaration and approving Zone
Change 04-1712 from an A (Agriculture) zone and an R-S 2.5A (Rural Suburban - 2.5 acre
minimum) to an R-1 (One Family Dwelling) zone on 120+ acres.
RECOMMENDATION:
Staff recommends first reading of the ordinance upholding the Planning Commission's decision,
and denying the appeal.
BACKGROUND:
On March 3, 2005, the Planning Commission adopted Resolution No. 22-05 recommending
approval of a zone change from A (Agriculture) and R-S 2.5A (Rural Suburban - 2.5 acre
minimum) to R-1 (One Family Dwelling) on 120+ acres of land. The land, owned by Mallady
Reddy, is generally located north of Paladino Drive, east of Valley Lane. Mclntosh and Associates,
on behalf of Mallady Reddy, has applied for this subject zone change to bring the zoning of the
land into consistency with the approved General Plan designation of the site. The action of the
Planning Commission was appealed by Gordon L. Nipp, Ph.D, representing the Sierra Club.
The Sierra Club filed an appeal objecting to the Planning Commission's approval of the zone
change and Negative Declaration, requesting an Environmental Impact Report (EIR) be prepared
(Background Attachment #1 ). The Sierra Club's letter of appeal states that cumulative impacts to
air quality, and traffic have not been adequately addressed. The Sierra Club is of the opinion that
the recant General Plan Update EIR contains little specific information on cumulative impacts. The
Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts.
An Environmental Impact Report (EIR) was certified on December 11, 2002 for the Metropolitan
Bakersfield General Plan. There are no significant impacts which are peculiar to this project or
parcel which were not considered in the General Plan EIR. There are no potentially significant off-
ADMINISTRATIVE REPORT
MEETING DATE: April 27, 2005
AGENDA SECTION: NEW BUSINESS
ITEM: t~,~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 13, 2005
APPROVED
DEPARTME.T.EAD/- TC-
CII'Y ATFORNEY ~
CITY MANAGER ~
SUBJECT: Sale of Real Property
1. Resolution declaring real property located north of Panorama Drive and west of
Morning Drive surplus to needs of the City.
2. Agreement with Stepping Stone Land Development, a California corporation to
purchase property located north of Panorama Drive and west of Morning Drive for
$579,500. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
On February 1, 1991, the City acquired 11.585 acres from Panorama Hills Development for $280,000.00
for a future park. The property was never developed due to the inability to form a maintenance district to
support it. Also, it was not practical to construct the park until the adjoining properties were developed. A
developer, Stepping Stone Land Development is acquiring the balance of the properties owned by
Panorama Hills Development that surround the City's property on three sides. Stepping Stone has offered
to buy the City's property for $579,500.00 to incorporate into their development.
It was subsequently determined that it would be mutually beneficial if the City retained the portion of the
property underneath the power lines (approximately 3 acres) for the Northeast Parks and Trails Plan.
Also, the City would retain approximately one-half acre for a staging area that was not encumbered by the
power line easement. Since the property was purchased, in part, using $230,000.00 of State Grant monies
the City acquired in 1985, the proceeds of the sale will need to be used for the acquisition of replacement
park land.
The Recreation & Parks Department has reviewed Stepping Stone's request and recommends approval of
the sale. The sale price represents the fair market value of the property as determined by the sale of the
adjoining property and other comparable properties in the area.
Apd113, 2005, 3:34PM
P:\MyFiles~Admin Reports\Pano Hills Park sale.dcc
DMNs
ADMINISTRATIVE REPORT Page2
site impacts or cumulative impacts which were not discussed in the EIR prepared for the General
Plan.
During the Planning Commission's public hearing process, the Sierra Club presented a letter
addressing several issues including those which are contained in their appeal letter to the City
council. Staff provided responses to the Sierra Club's concerns, which were made part of the
record for consideration of the Planning Commission's recommended approval of the Negative
Declaration for this project. Staff's responses to the Sierra Club concerns and the letter containing
the Sierra Club's concerns are included as Background Attachment #2.
To reduce emissions created by the proposed development, the applicant has requested that
voluntary mitigation measures be added as Conditions of Approval (Exhibit ~A") for this project.
Therefore, these voluntary mitigation measures have been included in the Conditions of Approval
for this project.
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Negative Declaration (Background Attachment #3) recommended for
approval for this project.
Conclusion.
Staff recommends adoption of the ordinance denying the appeal, upholding the decision of the Planning
Commission approving the zone change from A (Agriculture) and an R-S 2.5A (Rural Suburban - 2.5 acre
minimum) to R-1 (One Family Dwelling), with conditions which include voluntary mitigation measures
proposed by the applicant, as shown on the attached ordinance.
LP:S:~ZoneChange\04-1712\CC~admin 2.doc
MINUTES OF THE
SPECIAL MEETING OF APRIL 6, 2005
BAKERSFIELD CITY COUNCIL
City Council Chambers
1501 Truxtun Avenue
Special Meeting - 6:00 p.m.
SPECIAL MEETING
ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Sullivan, Scrivner
Absent: Carson, Benham, Couch, Hanson
Mayor Hall recognized Kern County Supervisor Ray
Watson, Roberta McCarthy, Administrative
Coordinator, Kern County Graffiti Off Program,
Bruce Freeman, President, Castle & Cooke
California, Brian Todd, Executive Officer, Building
Industry Association, Tom Edmonds, Chairman
Anti-Graffiti Sub Committee Keep Bakersfield
Beautiful Committee, Bill Jones, Principal,
Ridgeview High School, Manuel Berrara,
representing Assemblywoman Nicole Para and Ann
Cervantes representing State Senator Dean Florez.
2. INTRODUCTORY COMMENTS BY COUNCILMEMBERS
Councilmembers Scrivner and Sullivan made
opening comments.
3. STAFF PRESENTATIONS
Presentations by various City staff members
regarding implementation of graffiti program.
Assistant City Manager Christensen made staff
comments and introduced Lt. Bailey, Supervisor of
the Bakersfield Police Anti-Graffiti Unit.
Lt. Bailey gave a computer presentation and
provided information on the Graffiti Habitual
Offender Suppression Team, (G.H.O.S.T. Unit) and
introduced Officer Matt Hilliard, the full time
G.H.O.S.T Unit officer.
Bakersfield, California, April 6, 2005 - Page 2
STAFF PRESENTATIONS continued
Tony Martinez, Community Relations Specialist,
Bakersfield Police Department, spoke regarding the
Neighborhood Watch Program and made a
computer presentation.
City Attorney Gennaro provided information
regarding community prosecution and made
computer presentation.
a
Pubilic Works Operations Manager Underwood
provided information regarding the City's graffiti
removal program and made a computer
presentation.
Councilmember Scrivner requested staff analyze the
cost effectiveness of advertising the Adopt-a-Wall
program in newspapers and on billboards.
Chief Code Enforcement Officer Fidler gave a
computer presentation and provided information
regarding improving the quality of life in the City
through graffiti abatement.
Webmaster Sawyer previewed the City's new anti-
graffiti website, www. bakersfieldqraffiti.us.
Councilmember Scrivner requested staff link
Neighborhood Watch pages to the graffiti website.
Councilmember Scrivner requested staff link the
Special Council Graffiti meeting to the anti-graffiti
website.
Councilmember Sullivan requested staff provide more
buttons to the graffiti website to make the site more
user friendly.
Councilmember Scrivner suggested the graffiti website
be utilized to advertise the Adopt-a-Wall Program
instead of newspapers and billboards.
Councilmember Carson arrived and took a place in
audience.
Parks Construction and Facilities Planner Trone
provided information regarding discouraging graffiti
vandalism of City owned walls and landscaping and
made a computer presentation.
ACTION TAKEN
Bakersfield, California, April 6, 2005 - Page 3
STAFF PRESENTATIONS continued
Assistant City Manager Christensen summarized
and made closing comments.
Councilmember Scrivner requested staff perform a cost
analysis belween graffiti removal and landscaping
solutions to determine the most cost effective way to
control the proliferation of graffiti.
Councilmember Scrivner requested staff initiate dialog
with developers regarding planting of shrubs and trees
to assure planting requirements do not contribute to
rapidly increasing home prices.
Councilmember Sullivan requested staff investigate the
feasibility of utilizing shrubs that will mature to a large
size; while plants are maturing use a less expensive
sealant on walls that has a life expectancy expiring
about the time plants/shrubs are projected to reach
maturity.
GUEST SPEAKERS
a. Comments by various members of the community.
County Supervisor Ray Watson made comments
and referenced AB-308 which enables
governmental agencies to recover actual and
punitive damage from perpetrators of various
offenses; enlist Superior Court's aid when
appropriate, and suggested similar measures be
examined by local agencies to mitigate costs to local
governments incurred abating graffiti and advocate
for State law to enable the process.
Councilmember Scrivner requested staff examine the
feasibility of an administrative hearing panel.
Councilmember Scrivner requested staff analyze the
possible endorsement of AB 308.
Councilmember Scrivner requested staff arrange a
City/County task force to address the graffiti issue.
Kern County Graffiti Off Program Coordinator
Roberta McCarthy made a computer presentation
regarding the County's anti-graffiti program and
encouraged seamless service between City and
County agencies.
ACTION TAKEN
Bakersfield, California, April 6, 2005 - Page 4
GUEST SPEAKERS continued
Freeman, Castle & Cooke California, Brian
Todd, Building Industry Association and Tom
Edmonds, Keep Bakersfield Beautiful Committee
made comments.
Councilmember Scrivner encouraged participation
in the Great American Clean-up.
Ridgeview High School Principal Bill Jones made
comments and introduced two members of the High
School's Maintenance and Operations Division,
John Fox and Tom Romo.
Councilmember Scrivner requested staff assure a Kern
High School District principal is included as a member
on the proposed Joint Task Force.
Recess taken from 8:13 p.m. to 8:18 p.m.
PUBLIC STATEMENTS, COMMENTS AND QUESTIONS
Mary Helen Barro spoke regarding the need for
providing anti-graffiti information printed in Spanish
an on the website.
Tammie Hilton spoke encouraging the use of vines
in discouraging the spread of graffiti.
Councilmember Scrivner requested staff investigate
utilizing vines on H Street to discourage graffiti.
Nancy Vibe spoke encouraging volunteers to aide in
battle against graffiti.
John Hill spoke suggesting graffiti be deemed a
felony crime instead of a misdemeanor crime.
Brandi De la Garza made comments and suggested
City/County coordination of graffiti reporting
numbers.
City ManagerTandy made responded.
Manual Carazales spoke regarding graffiti
prevention.
ACTION TAKEN
g. Irene Sanchez complimented staff on graffiti
abatement efforts.
Bakersfield, California, April 6, 2005 - Page 5
PUBLIC STATEMENTS, COMMENTS AND QUESTIONS
h
Karen Davenport requested information
regarding utilization of the juvenile work release
program and ex-convicts to clean up graffiti.
Officer Hilliard responded.
Carolyn Mitchell complimented staff on graffiti
abatement.
Nancy Peyton complimented the 32-ERASE
Program and requested additional service.
Harlan O'Day made comments and requested
information regarding maintenance of railroad
control boxes.
City Manager Tandy and General Services
Superintendent Hollingsworth responded.
Kelly Bishop, Neighborhood Watch Captain
complimented staff efforts.
Steve Montgomery, Keep Bakersfield Beautiful,
provided information regarding graffiti removal.
ADJOURNMENT
Councilmember Scdvner thanked all participants in
the Special Meeting, particularly staff members
Sean Cacal and Rhonda Smiley. Additionally, he
expressed appreciation to the media for covering
the event.
Councilmember Scrivner encouraged community
participation in controlling graffiti.
Councilmember Scrivner reiterated his request to staff
regarding implementation of an advertising campaign
with media partners, including KGOV, targeting graffiti.
Councllmember Scrivner requested staff investigate
feasibility of making the website and other anti-graffiti
literature bi-lingual.
Councilmember Sullivan thanked staff and made
closing comments.
Mayor Hall thanked guest speakers, public and staff for
their attendance.
ACTION TAKEN
Bakersfield, California, April 6, 2005 - Page 6
ADJOURNMENT continued
Meeting was adjourned by Mayor Hall at 9:01 p.m.
ACTION TAKEN
ATTEST:
MAYOR of the City of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 13, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard (seated at
5:20 p.m.) Councilmembers Benham,
Couch, Hanson, Sullivan, Scrivner
Absent: Councilmember
p.m.)
PUBLIC STATEMENTS
None.
CLOSED SESSION
a.
Carson (seated at 5:40
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957.
Motion by Councilmember Couch to adjourn to Closed
Session at 5:34 p.m.
Motion by Councilmember Couch to
Closed Session at 6:27 p.m.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
Present:
adjourn from
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Couch, Hanson,
Scrivner
Absent: None.
INVOCATION by Reverend Madeline K. Elsea, Trinity United
Methodist Church.
PLEDGE OF ALLEGIANCE by Prnay Chopra, 6th Grade
Student at St. John's Lutheran School.
ACTION TAKEN
APPROVED
APPROVED
10.
Bakersfield, California, April 13, 2005 - Page 2
ACTION TAKEN
Mayor Hall recognized Ridgeview High School and
Bakersfield College students attending the meeting.
CLOSED SESSION ACTION
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957.
PRESENTATIONS
THE POSITIVE
EVALUATION OF THE
CITY MANAGER HAS
CONCLUDED AND CITY
ATTORNEY WAS GIVEN
DIRECTION
Presentation by Mayor Hall of Proclamation to Jim
Knapp, President, Bakersfield Association of
Realtors, and George Gonzales, City Economic
Community Development Department proclaiming
April, 2005, as "Fair Housing Month".
Mr. Knapp made comments.
Presentation by Mayor Hall of Proclamation to David
Taylor, Chairperson, Keep Bakersfield
Beautiful Committee, proclaiming April, 2005, as
"Keep Bakersfield Beautiful Month".
Mr. Taylor made comments.
City Manager Tandy announced Assistant Finance
Director, Nelson Smith will secede retiring Finance
Director Gregory Klimko on July 8, 2005.
PUBLIC STATEMENTS
None.
APPOINTMENTS
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.
Mayor Hall nominated Don Cohen for re-
appointment.
Motion by Vice-Mayor Maggard to approve the re-
appointment of Don Cohen.
APPROVED
Mayor Hall nominated Robert Martinez for re-
appointment.
Motion by Vice-Mayor Maggard to approve the re-
appointment of Robert Martinez.
APPROVED
11.
Bakersfield, California, April 13, 2005 - Page 3
CONSENT CALENDAR continued
ACTION TAKEN
Minutes:
Approval of minutes of the March 30, 2005 Council
Meeting.
Payments:
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.
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.
FR
FR
Adoption of Ordinance amending Chapter 15.72 of
the Municipal Code relating to Historic
Preservation Commission.
ORD 4246
Adoption of Ordinance amending Chapter 5.14 of
the Municipal Code relating to applications for and
renewal of cabaret permits.
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).
ORD 4244
ORD 4245
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.
RES 080-05
11.
Bakersfield, California, April 13, 2005 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
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.
RES 08t-05
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.
RES 082-05
RES 083-05
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.
RES 084-05
AGRO~f~
AGRO~t34
Resolution authorizing access to sales and use tax
records pursuant to Revenue and Taxation Code
Section 7056.
RES 085-05
11.
Bakersfield, California, April 13, 2005 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Agreements:
Tract Maps and Improvement Agreements:
1. 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.
2. Final Map Improvement Agreements with
Ennis Homes Inc. for Tract 6165 Unit 2
located south of Harris Road and east of
Akers Road.
AGR 05-135
AGR 05-136
AGR 05-t37
AGR 05-138
Agreements to indemnify LAFCO for the following
annexations:
Annexation No. 440, Proceeding No. 1403 -
uninhabited territory located at the
southwest corner of Panama Lane and
Gosford Road (contains approximately 300
acres).
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).
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).
AGR05-139
AGR 05-f40
AGR 05-141
AGR 05-142
AGR 05-143
11.
Bakersfield California, April 13, 2005 - Page 6
CONSENT CALENDAR continued
Item 11 .o. continued
ACTION TAKEN
Annexation No. 469, Proceeding No. 1406 -
uninhabited territory located at the
northwest corner of Brimhall and Calloway
(containing 7.6 acres).
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).
AGR 05-144
AGR 05-145
AGR 05-t46
Annexation No. 474, Proceeding No. 1414 -
uninhabited territory located south of
McKee Road, generally east of Wible Road
(contains 15 + acres).
AGR 05-147
10.
11.
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).
AGR 05-148
AGR 05-149
Fire Station and Police Substation on East White
Lane:
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.
REMOVED FOR
SEPARATE
CONSIDERATION
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.
1t.
Bakersfield, California, April 13, 2005- Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Amendment No. I 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.
AGR 04-281('1)
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.
AGR 05-15f
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.
A GR 03-f56(4)
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.
A GR 04-098(1)
Amendment No. 1 to Agreement No. 04-099
with AMCO Water Metering Systems, Inc. to
extend agreement for twelve (12) months for
water meters.
AGR 04-009('1)
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.
AGR 04-f'17('~)
Amendment No. 1 to Agreement No. 04-118
with RBF Consulting ($40,375.00) to
prepare an EIR for GPNZC 04-0057.
AGR 04.1'18(1)
Appropriate $40,385.00 developer's
contribution to the development fund for the
Development Services operating budget.
11.
Bakersfield, California, April 13, 2005 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
Accept bid to award annual contract to Pavement
Recycling Systems, Inc. (not to exceed
$400,000.00) for cold planing for the Streets
Division.
AGRO~152
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.
Miscellaneous:
Appropriate $105,000.00 Off Street Parking fund
balance to the Economic Development operating
budget for current fiscal year operation management
costs of the 18th ~. Eye Parking Structure.
Quitclaim Deed with David M. and Maria H.
Mendoza of City's right, title and interest only in
and to the lands formedy occupied and/or
encumbered by the "Castro Ditch" real property
located on Alamo Street near Mona Way.
DEED 62~3
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 11.a. through 11.y., with the removal of
item f l.p. for separate consideration.
APPROVED
Fire Station and Police Substation on East White
Lane:
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.
AGRO~t~
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.
Motion by Councilmember Carson to approve the
Agreement and appropriate and transfer funds.
APPROVED
12.
13.
14.
15.
Bakersfield, California, April 13, 2005 - Page 9
CONSENT CALENDAR HEARINGS
a. Hearing to consider Resolution ordering the
vacation of Progress Road between Harris Road
and Panama Lane.
Hearing opened at 7:01 p.m.
No one spoke.
Hearings closed at 7:02 p.m.
Motion by Councilmember Hanson to adopt the
Resolution.
HEARINGS
None.
REPORTS
a. Aquatic Safety Awareness Program Report.
Interim Recreation and Parks Director Chdstensen
and Recreation Supervisor Holly Larson made staff
comments, made a computer presentation and
provided handouts.
Councilmember Benham requested staff repeat the
presentation at the Boys & Girls Club.
NEW BUSINESS
a. Safe Roads Committee - County-wide Workshops.
Councilmember Couch, Council Representative to
KernCOG and Member of the Safe Roads
Committee, made comments, announced KernCOG
staff proposes to present possibly four workshops in
the City and solicited Council input in suggesting
dates and locations.
Councilmember Benham proposed May 18th, 19th
June 29th or 30th, at Bakersfield High School.
Councilmember Hanson proposed May 9th through
June 5th.
Councilmember Carson suggested Casa Loma
School at a date to determined.
ACTION TAKEN
RES 086-05
APPROVED
15.
16.
Bakersfield, California, April 13, 2005- Page 10
NEW BUSINESS
Item 15.a. continued
ACTION TAKEN
Councilmember Scrivner proposed any May evening
and combining meetings with more than one Ward.
Councilmember Sullivan will provide availability after
consulting her calendar.
Mayor Hall offered his services.
Vice-Mayor Maggard requested staff contact the
Highland High School principal to determine
availability of the facility and requested an evening
in May. Additionally he requested staff be prepared
to discuss Hwy. 178 and the Fairfax Overpass.
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff remove graffiti
from the top floor of Longfellow School at 3014
Union Ave and provided contact information for the
principal, who requested the service.
Councilmember Benham
abating airport noise
neighborhood.
requested staff assist in
over the Qua#wood
Councilmember Benham requested Public Works
Director Rojas contact her.
Councilmember Benham congratulated former
Development Services Director Jack Hardisty and his
family, as they welcomed the birth of his first grandchild,
Sierra Grace Hardisty.
Councilmember Hanson requested an update regarding
the GET bus stop in front of Stockdale High School.
Councilmember Hanson requested the Budget and
Finance Committee review a request from the
Bakersfield Symphony for funding assistance.
Councilmember Hanson requested Public Works staff
respond and keep him informed regarding Mark
Dewey's concerns about drainage issues and
West Nile Virus in his area.
16.
Bakersfield, California, April 13, 2005 - Page 11
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Councilmember Scrivner requested the
Intergovernmental Relations Committee address
implementation of a joint City/County task force for the
purpose of addressing graff'lti in the metropolitan area
and providing seamless service.
Councilmember Sullivan requested Real Rd., south of
Stockdale Hwy., from the Wildwest Shopping Center
south to Planz Rd., be placed on the list for street
reconstruction.
Councilmember Sullivan requested a pothole in front of
an apartment complex at 2700 Real Rd. be patched.
Additionally, she requested a pothole at the
intersection of Planz and New Stine in the northbound
lane of New Stine be filled.
Councilmember Sullivan requested staff be diligent in
disposing of animals killed in roadways.
Councilmember Carson thanked Chief Rector for the
Neighborhood Watch community meeting.
Councilmember Carson thanked Alan Abe for his
assistance in Dean Jones' absence during an event at the
MLK Center.
Councilmember Carson requested staff fill potholes on
L St. between Brundage Ln. and California Ave.
Councilmember Carson noted she had been invited to the
recent Special Council Meeting on graffiti.
Councilmember Couch requested the Legislative and
Litigation Committee investigate confiscating vehicles
whose owners are guilty of illegal dumping.
Councilmember Couch made comments regarding the
League of California Cities.
Vice-Mayor Maggard provided an update regarding
Specialist Michael Green.
Vice-Mayor Maggard requested staff formulate an
informational program, possibly in conjunction with the
County, regarding standing water and its
relationship to the West Nile Virus.
17.
Bakersfield, California, April 13, 2005 - Page 12
MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN
18.
Vice-Mayor Maggard requested staff enforce
prohibition of selling flowers on street corners,
particularly at the comer of Auburn and Oswell in the
northeast.
Vice-Mayor Maggard requested staff provide
information regarding the legality of a truck mounted
billboard.
Vice-Mayor Maggard requested the City Attorney's
Office issue a formal request that General Holdings
Company honor the City Parks and Trails plan by
opening trails on their property and request a response
from General Holdings Company by a date certain.
Vice-Mayor Maggard requested a meeting with the City
Attorney to discuss options to assure General
Holdings Company honors its commitments.
Mayor Hall requested clarification regarding avenues to
remove a dead horse from General Holdings
Company property. City Attorney Gennaro responded.
Mayor Hall complimented City Manager Tandy and
congratulated him on his performance.
ADJOURNMENT
Mayor Hall adjourned the meeting at 7:37 p.m.
ATTEST:
MAYOR of the City of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield