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HomeMy WebLinkAbout03/22/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MARCH 22, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Labor Negotiator, Bill Avery; Closed Session pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case) c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Bakersfield Citizens for Local Control v City/Panarna 99 Properties, LLC. 2. Bakersfield Citizens for Local Control v City/Castle & Cooke California, Inc. 3. City v H.W. Lakeshore Pines Joint Venture (Cross). RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION 7. PLEDGE OF ALLEGIANCE by Pastor Isaac Sandifer, Baker Street Church of Christ. 8. CLOSED SESSION ACTION by Anna Sanchez, 3rd Grade Student at Van Horne School. 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 3-9, 2006, as "Public Health Week". b. Presentation by Mayor Hall of Proclamation to Joseph G. Giuffre, Southern Region Chairperson, Lions Clubs of District 4a2, proclaiming March 26-Apri11 , 2006 as "Lions Awareness Week". (10min) c. Presentation by Vision 2020 of the First Quarter Update, "Our Future - Our Responsibility". 10. PUBLIC STATEMENTS 11. APPOINTMENTS a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of Susan Stussy, term expires March 30, 2006. Staff recommends Council determination. 12. CONSENT CALENDAR (Ward 4¡< (Ward 6) (Ward 7) (Ward 7¡< (Ward 3) (Ward 7) " - upon annexation Minutes: a. Approval of minutes of the February 27, 2006 Joint City County Meeting and the March 8, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from February 25, 2006 to March 9, 2006 in the amount of $13,036,872.37 and self insurance payments from February 25, 2006 to March 9, 2006 in the amount of $59,805.49. Ordinances: c. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map NO.1 02-05) of the Municipal Code by changing the zoning, upon annexation to the City, from A (Agriculture) to E (Estate) on 43.13 acres located on both sides of Etchart Road approximately Y, mile west of Coffee Road. (ZC 05-1082) (SmithTech/USA representing Oak Tree Development Co., Inc.) First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 123-29) of the Municipal Code by changing the zoning from MH (Mobile Home) to R-1 (One Family Dwelling) on 2.4 acres and from MH to R-2 (Limited Multiple Family Dwelling) on 26.41 acres generally located on the east side of Progress Road approximately Y, mile south of Panama Lane. (File No. 05-1686) (Quad-Knopf, Inc. representing Gosford-Panama Partners) d. e. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 16.71 acres; located north of State Highway 119 and west of State Highway 99. (ZC 05-0493) (Moreland Consulting representing East-West Developers LLC) (FR 03/08/06) f. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 101-11) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 40± acres and from A to R-2 (Limited Multiple Family Dwelling) on 20± acres. (ZC 05-0725) (Porter-Robertson Engineering representing Kevin Pasco et al) (FR 03/08/06) g. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-24) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional CommerciallPlanned Commercial Development) on 15.9± acres generally located at the southwest corner of State Route 178 and Morning Drive. (File #05-1381) (Mcintosh & Associates representing Sterling Oaks East, LLC) (FR 03/08/06) h. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map NO.1 01-02) of the Municipal Code by changing the zoning from A (Agriculture) to E (Estate) on 98+ acres net/1 01 + acres gross located at the northeast corner of Snow Road and Jenkins Road. (ZC 05-1685) (SmithTech/USA Inc. representing Brian Rice Construction) (FR 03/08/06) 2 (Ward 7) (Ward 5t (Ward 3,4) (Ward 6) (Ward 7) (Ward 6) (Ward 3) (Ward 1) (Ward 3) (Ward 2) (Ward 5) 12. CONSENT CALENDAR continued Resolutions: I. Sewer Connection Fee Assessments for 5205 Debby Street: 1. Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Lupe F. & Teressa A. Acosta to pay sewer connection fee in installments and notice of special assessment lien. j. Resolution setting salary and related benefits for officers and employees of the General Supervisory, Police and Management Units of the City. k. Resolution approving the sale of surplus property (police batons) to the United States Army. I. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($75,605.00) from the U. S. Department of Justice. m. Resolution approving application for annexation of uninhabited territory to the City property identified as Annexation No. 511 located at the northeast corner of McCutchen and Buena Vista Roads. n. Resolution ordering change of proceedings to reduce assessments for parcels located in Assessment District 05-3 (Liberty IINillage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge). Resolution establishing Traffic Signal Maintenance District TS-13, (Panama and Stine Shopping Center) confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution adding territory, Area 3-40 (Berkshire, 99 W) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution adding territory, Area 3-46 (Panama, Mountain Ridge SE) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution adding territory, Area 4-49 (Donaldo, Casa Club SW) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution adding territory, Area 4-50 (3rd, "V" NE) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution adding territory, Area 4-51 (Valley, Paladino NW) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution adding territory, Area 1-65 (Real, Chester NE) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. Resolution of Intention No. 1442 to establish Traffic Signal Maintenance District TS-14, (Ming, South Allen SE) preliminarily adopting, confirming and approving Public Works Director's Report. o. p. q. r. s. I. u. v. - upon annexation 3 12. CONSENT CALENDAR continued Agreements: (Ward 1,4,7) w. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6184 Unit 4 located south of Snow Road and east of Jewetta Avenue. 2. Final Map and Improvement Agreement with Housing Authority of Kern County for Tract 6209 Phase 1 located south of Fairview Road and east of Monitor Street. 3. Improvement Agreement with Palms Bakersfield Limited, LLC for Parcel Map 11220 located south of Panama Lane and east of Stine Road. 4. Final Map with ADH Corporation for Tract 6232 Phase 5 located south of Zephyr Lane and west of South Sterling Road. x. Off Highway Motor Vehicle Recreation Project: 1. Amendment NO.1 to Agreement No. 04-323 with Michael Brandman and Associates ($197,950.00) for preparation of an Environmental Impact Report. 2. Amendment NO.2 to Agreement No. 04-102 with State of California Department of Parks and Recreation to increase the amount of the grant by $197,950.00. 3. Appropriate $197,950.00 State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget within the Recreation Facilities Fund for securing approval of an Off Highway Vehicle Park. y. Amendment NO.1 to Agreement No. 05-185 with Alon Asphalt Bakersfield, Inc. ($450,000.00, revised not to exceed $900,000.00 and extending term for one (1) year) for asphalt rejuvenator/sealant. z. Amendment NO.2 to Agreement No. 00-95 with William Avery & Associates, Inc. (not to exceed $41,200.00 per year) for negotiation and consultation services for employer- employee relations. (Ward 4) aa. Contract Change Order NO.6 to Agreement No. 04-339 with S. C. Anderson, Inc. ($30,587.52 decrease, revised not to exceed $5,665,021.28) for The Park at River Walk. (Site Improvement) Contract Change Order NO.1 to Agreement No. 05-284 with HPS Mechanical ($12,869.29, revised not to exceed $613,396.29) for construction of pipeline to City water facility at Norris Road. (Ward 4) bb. Bids: cc. Accept bid to award annual contract to Jim Alfter Cement Contractor ($200,000.00) for canal liner repair. (Ward 2) dd. Reject all bids for decorative bollards for the Chester Avenue Streetscape Project. ee. Extend bid from Jim Burke Ford ($74,508.49) for one (1) additional aerial lift truck for the Recreation and Parks Department. ff. Water truck for the Solid Waste Division: 1. Accept bid from Gibbs International ($132,331.82) for one (1) additional water truck. 2. Appropriate and transfer $28,332.00 Refuse Fund Balance to the Public Works Operating Budget within the Equipment Maintenance Fund. 4 12. CONSENT CALENDAR continued (Ward 3) (Ward 5t (Ward 4) Miscellaneous: Appropriate $1,000.00 developer's contribution to the General Fund in the Development Services budget for peer review of the Geologic Hazards Report for Vesting Tentative Tract 6137 located on the west side of Alfred Harrell Highway, and the north side of Paladino Drive. (Developer: S & S Homes/Engineer: New Vision Engineering) hh. Appropriate $6,183.00 in Strong Motion Instrumentation (SMI) monies to the General Fund in the Development Services Operating budget to supply electrical service to the disaster trailer. gg. Appropriate $10,000.00 developer share project costs to the General Fund in the Development Services budget for consulting services for processing SunCal McAllister Ranch prezoning and environmental documents. jj. Appropriate and transfer $500,000.00 General Fund balance to the Capital Improvement budget within the Capital Outlay Fund for the City's street preventative maintenance program. ii. kk. Appropriate $90,000.00 Equipment Fund Balance to the Finance Department Operating Budget within the Equipment Management Fund for the replacement of nine (9) photocopier machines. The Park at River Walk/Bright House Networks Amphitheatre: 1. Appropriate $20,000.00 contribution from Castle & Cooke, Inc. to the Recreation and Parks Operating Budget within the General Fund for the "Bit of Bakersfield" event. 2. Appropriate $75,000.00 naming rights advertising revenue from Bright House Networks (per Agreement No. 05-429) to the Recreation and Parks Operating Budget within the General Fund, for the "Bit of Bakersfield" event and other activities. mm. Accept donation ($1,750.00) from the Wal-Mart Foundation to the Bakersfield Fire Department and appropriate $1,750.00 to the General Fund Operating Budget for fire safety education. II. nn. Conversion of existing vacant Deputy City Attorney I position to two (2) Associate City Attorney positions. Staff recommends adoption of Consent Calendar items a through nn. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution approving and adopting an adjusted fee (proposed 5.6% increase based upon Construction Cost Index) for the development and improvement of parks within the City. (Staff recommends adoption of resolution.) 14. HEARINGS 15. REPORTS 5 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, d Úf;- Alan Tandy City Manager 3/16/06 11 :50am 6 AGENDA HIGHLIGHTS MARCH 22, 2006 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will also be a conference with the labor negotiator and with legal counsel regarding one case of potential litigation and three cases of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. APPOINTMENTS There will be one appointment to the Historic Preservation Committee CONSENT CALENDAR Ordinances Item 12c. First ReadinQ of Ordinance ApprovinQ a NeQative Declaration and AmendinQ the Municipal Code by ChanQinQ the ZoninQ from A (AQriculture) to E !Estate) on 43.13 Acres Located in an Unincorporated Area on Both Sides of Etchart Road Approximately Y, Mile West of Coffee Road. SmithTech/USA, representing Oak Tree Development Co., Inc., proposes this zone change to bring the site into consistency with the General Plan designation of the property. A request for annexation has been submitted by the property owner. The site is currently in cultivation, and is proposed for single-family residential use (estate size lots - 10,000 sq. ft. minimum). On January 19, 2006, the Planning Commission held a public hearing and recommended approval. No one spoke in opposition to the project. Item 12d. First ReadinQ of Ordinance AmendinQ the Municipal Code by ChanQinQ the ZoninQ from an MH (Mobile Home) to an R-1 (SinQle-Familv DwellinQ) on 2.4 Acres. and from an MH to an R-2 (Limited Multiple-Familv Dwellinq) on 26.41 Acres Generallv Located on the East Side of Proqress Road. Approximately Y, mile south of Panama Lane. Quad-Knopf, Inc., representing Gosford- Panama Partners, proposes the zone change to provide greater flexibility in the type of residential housing than could be developed i!l the Mobile Home zone. The request is consistent with General Plan designation. A General Plan Amendment and EIR for this area were certified on September 28, 2005. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. All mitigation measures and conditions of approval have been included. , Agenda Highlights March 22, 2006 Page 2 The Panama-Gosford EIR project description included 230 mobile home units within the entire 28.81 acres. In order to remain within the parameters of the environmental analysis of the EIR, staff recommends limiting the number of dwelling units. The current canal alignment is the easterly border of the area. The developer will be relocating the canal to generally parallel Gosford Road south from Panama Lane, then west along a future east-west street. The proposed portions to be rezoned are shown in more detail on a map included in the administrative report. On February 2, 2006, the Planning Commission held a public hearing on this zone change request, and recommend adoption by the City Council. No one spoke in opposition to the project. Resolutions Item 12j. Resolution Settinq Salary and Related Benefits for Officers and Emplovees of the General Supervisory. Police and Manaqement Units. A summary of significant items that are recommended for approval include: salary increases of 3% effective January 1, 2006, and 4% effective January 1, 2007; the current subsidy for retiree medical health care premiums will be eliminated for all management and supervisory employees hired after approval of the resolution; supervisory employees hired after approval of this resolution are to pay full employee retirement contributions for the first five years of employment; the automobile allowance, which has not changed since 1999, will increase; and the match percentage will be converted into salary for those employees who currently receive a matching deferred compensation benefit. Aqreements Item 12x. Amendments to Aqreements reqardinq the Off Hiqhwav Motor Vehicle Recreation Proiect. The first amendment is with Michael Brandman and Associations for preparation of an EIR in the amount of $197,950, for a revised total of $513,040. The second amendment is with the State of California Department of Parks and Recreation to increase the amount of the grant by $197,950, which staff requests be appropriated. These amendments are necessary as the Off Highway Vehicle Park site (11,000 acres) is more than 200% larger than originally anticipated and necessitates more environmental work than the original bid covered. The Department of Parks and Recreation has agreed with this action. This project is now anticipated to be heard by the Board of Supervisors in September 2006. The draft Environmental Impact Report should be out for a 45-day review in June 2006. Item 12y. Amendment No. 1 to Aqreement No. 05-185 with Alon Asphalt Bakersfield, Inc. for Asphalt ReiuvenatorlSealant, in an amount not to exceed $450,000. for a revised not to exceed total of $900.000). The original agreement allows for a one-year extension of the same terms if all parties agree. Extending this agreement allows the City to continue working with a good provider, and saves staff time and effort that might have been spent rebidding the item. Bids Item 12dd. Reiect All Bids for Decorative Bollards for the Chester Avenue Streetscape Proiect. Three acceptable bids were received; however, all of them exceeded the budget allowance. Staff is investigating alternate products and will clarify the bid documents before re-advertising. Please note: The bollards should not be confused with the decorative street lamps approved for this project at the Council meeting of March 8, 2006. Item 12ee. Extend Bid from Jim Burke Ford for One Additional Aerial Life Truck for the Recreation and Parks Department in the amount of $74.508.49) At the meeting of March 8, 2006, Council approved the purchase of two aerial lift trucks. The specifications included a provision whereby with the written approval of all parties, the City may purchase additional units at the same per-unit cost Agenda Highlights March 22, 2006 Page 3 within one year after acceptance of the original bid. Funds for this purchase are in the FY 2005-06 Adopted Budget. Item 12ft. Award Contract to Gibbs International for One Additional Water Truck for the Solid Waste Division in the amount of $132.331.82). Two acceptable bids were received. Staff recommends award to Gibbs International. The FY 2005-06 Adopted Budget has $104,000 for the purchase of the truck. An additional $28,332 needs to be appropriated to complete the action. Miscellaneous Item 12jj. Appropriate and Transfer $500,000 General Fund Balance to the Capital Improvement Budqet within the Capital Outlav Fund for the Street Preventative Maintenance Proaram. This is the second request to increase funding for the City's street preventative maintenance program this fiscal year. Because several factors, such as weather, can impact the amount spent for street maintenance, staff is requesting additional funding in phases, rather than all at once. There is a large backlog of City residential streets that are in need of reconstruction. Although $6 million is budgeted for street materials in this fiscal year, staff anticipates a funding shortfall by year's end if street crews continue at their current pace. Staff will continue to monitor anticipated expenditures for this program and may come back to Council in the future with additional appropriation requests. Item 12kk. Appropriate $90,000 Equipment Fund Balance to the Finance Department Operatinq Budqet within the Equipment Manaqement Fund for the Replacement of Nine Photocopier Machines. Historically, copy machines have been replaced due to excessive maintenance issues rather than age. This year, nine more copiers than anticipated need to be replaced. Additional appropriations are necessary to accomplish this purchase. Item 1211. Appropriations for The Park at River Walk / Briqht House Networks Amphitheatre. Castle & Cooke, Inc. contributed $20,000 for the opening band at The Park at River Walk grand-opening event. The City also received the first payment of $75,000 from Bright House Networks for the naming rights agreement for the amphitheater. Staff recommends appropriating both amounts. Item 12nn. Conversion of Vacant Existinq Deputv City Attornev I Position to Two Associate City Attornev Positions. On February 27, 2006, the Deputy City Attorney I position was vacated. Staff requests converting this position into two Associate Attorney positions, which will compliment the Community Prosecution Program. The funds for the Deputy City Attorney I position will cover the salary and benefits of the two Associate Attorney positions. CONSENT CALENDAR HEARINGS Item 13a. Public HearinQ to Consider Resolution UpdatinQ the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Developers pay a $1,240 per acre fee at grading plan approval stage to compensate for direct and indirect impacts on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. The program requires no support funds from the City or County. No change in the fee is recommended at this time. However, at the February 27, 2006 joint City/County meeting, Ted James, Kern County Planning Director provided a report that with the recent astronomical increases in land prices, it will soon be necessary to increase the fee. In addition, finding suitable habitat lands to acquire is becoming more difficult in Kern County because most of the available habitat land has been already acquired. Of the remaining land, the Trust Group, which is composed of representatives from the City and Agenda Highlights March 22, 2006 Page 4 County, advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member, is now competing with speculating land investors. The Capital Improvement Plan (CIP) must be updated annually by the City and County. It involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present Metropolitan Bakersfield Habitat Conservation Plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. The Kern County Board of Supervisors conducted a public hearing on this item on December 20, 2005, and approved a similar resolution. Item 13b. Public Hearinq to Consider a Resolution Approvina and Adoptina an Adiusted Fee for the Development and Improvement of Parks. Staff recommends increasing the current $1,430 per dwelling unit fee to $1,510 per dwelling unit (5.6% increase), and is based entirely on the rise in the Construction Cost Index (CCI). No other changes are recommended. The park development fee was last adjusted in July, 2005. 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: March 22, 2006 AGENDA SECTION: Closed Session ITEM: l./.o.. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD March 10, 2006 CITY ATTORNEY CITY MANAGER APPROVED W;. Vt: W/ . SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section 54957.6 VG:do S:ICOUNCILICI SesslAdminsI05-06103-22-06 LaborNegdot.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Closed Session ITEM: L-I. b· TO: Honorable Mayor and City Council March 10, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED I/t:- t/t:- N . FROM: DATE: Virginia Gennaro, City Attorney SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (one case) VG:do S:ICOUNCILICI SesslAdminsI05-06103-22-06 Potential.dot March 10, 2006, 4:12PM ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Closed Session ITEM: L.(. c.. TO: Honorable Mayor and City Council DATE: March 10, 2006 CITY ATTORNEY APPROVED t/(; fA: FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY MANAGER ~ SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Bakersfield Citizens for Local Control v. City of Bakersfield/ Panama 99 Properties, LLC Kern County Superior Court Case No. 249669 NFT · Bakersfield Citizens for Local Control v. City of Bakersfield/ Castle & Cooke California, Inc. Kern County Superior Court Case No. 249668 NFT · City of Bakersfield v. H. W. Lakeshore Pines Joint Venture (Cross). Kern County Superior Court Case No. S-1500-CV-254648-LPE VG:do S:\COU NCI L \CI Sess\Admins\05-06\03-22-06Existlit.doc ------ ._._----_..__._~--- ..---.------ ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Presentations ITEM: q.o... TO: FROM: Honorable Mayor and City Council Mayor Harvey L. Hall March 13, 2006 ~D DEPARTMENT HEAD CITY ATTORNEY DATE: CITY MANAGER ¡4-V SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 3-9, 2006, as "Public Health Week". RECOMMENDATION: BACKGROUND: ndw March 13, 2006. 9:09AM S:\MAYORIADMIN\2006\PUBLlC HEALTH WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Presentations ITEM: q.b. FROM: Mayor Harvey L. Hall March 13, 2006 DEPARTMENT HEAD CITY A TIORNEY CITY MANAGER Au TO: Honorable Mayor and City Council DATE: SUBJECT: Presentation by Mayor Hall of Proclamation to Mr. Joseph G. Giuffre, Southern Region Chairperson for the Lions Clubs of District 4a2, proclaiming March 26 - April 1, 2006, as "Lions Awareness Week". RECOMMENDATION: BACKGROUND: ndw March 13, 2006. 9: 19AM S:\MAYORIADMIN\2006\LlONS AWARENESS WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Presentations ITEM: Cj. c.. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEM. } '-. M- FROM: Pamela McCarthy, City Clerk March 10, 2006 CITY ATTORNEY DATE: CITY MANAGER /I:ú SUBJECT: Presentation by Vision 2020 of the First Quarter Update, "Our Future - Our Responsibility." RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: S:\Council\admins\2006\Mar 22Presentation. DOT pmc ......--- ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Appointments ITEM: II. a. . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAØ1"." . ~ ß1 CITY ATTORNEYVo ~ V~ Pamela A. McCarthy, City Clerk March 13, 2006 CITY MANAGER ,rq& SUBJECT: One appointment to the Historic Preservation Commission due to the expiration of term of Susan Stussy, term expires March 30, 2006. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there is one appointment to the Historic Preservation Commission due to the expiration of term of Susan Stussy, whose term expires March 30, 2006. The news release for this recruitment was posted February 16, 2006. An application for reappointment has been received from Susan Stussy. The membership of the Historic Preservation Commission was amended in accordance with Ordinance No. 4246 adopted on April 13, 2005. The Commission is now composed of five (5) members rather than eight. In addition, the nominations, which were previously made by individual Councilmembers and the Mayor, are currently made by the full Council. The Historic Preservation Commission is an advisory body to the City Council. Members must be residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term. The Commission reviews applications for Cultural Resource designations and applications for Historic Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the City Council. The Commission presides and conducts public hearings on designation applications and makes recommendations to the City Council. Meetings are held on the third Tuesday of each month at 4:00 p.m. as needed. March 13,2006, 11 :48AM S:\Bds&CommIHPC'ADMIN March 2006.dot _...._._._._,--_..._._---~-_.-.- .._--_._~----,._._-_.~.- ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: 1"*.0... TO: Honorabie Mayor and City Council APPROVED DEPARTMENT HEA.()¡~ J - FROM: Pamela McCarthy, City Clerk DATE: March 10, 2006 CITY ATTORNEY CITY MANAGER Þ SUBJECT: Approval of minutes of the February 27, 2006 Joint City Council Kern County Board of Supervisors Meeting and March 8, 2006 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: " ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.b. TO: FROM: Honorable Mayor and City Council APPROVED DATE: March 09, 2006 CITY ATTORNEY ~ Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY MANAGER ßí/ . SUBJECT: Approval of department payments from February 25, 2006 to March 09, 2006 in the amount of $13,036,872.37 and self insurance payments from February 25,2006 to March 09,2006 in the amount of $59,805.49. RECOMMENDATION: Staff recommends approval of payments totaling $13,096,677.86. BACKGROUND: RAR March 9, 2006. 2:44PM S:IKimGIForms & LablesIAOMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: I;),.t. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~.s6, {/ CITY ATTORNEY Stanley C. Grady. Development Services Director March 8, 2006 CITY MANAGER Au SUBJECT: First reading of an ordinance approving a negative declaration and amending Section 17.06.020 (Zone Map NO.1 02-05) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning of property to be annexed from A (Agriculture) to E (Estate) on 43.13 acres; located in the unincorporated area of Kern County on both sides of Etchart Road approximately Y, mile west of Coffee Road (ZC 05-1082 - SmithTECH USA, Inc. representing Oak Tree Development Co., Inc.) (Ward 4). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 19, 2006, the Planning Commission held a public hearing and recommended approval of this zone change to bring the site into consistency with the General Plan designation of the property. The project is proposed to rezone the subject site upon annexation from A (Agriculture) to E (Estate) on 43.13 acres and to bring the property into consistency with the General Plan. The site is currently in cultivation. The site is proposed for single family residential use (estate size lots- 10,000 sq. ft. minimum). Request for annexation has been submitted by the property owner. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared in accordance with CEQA. Mitigation measures included in the conditions of approval reduce the impacts to cultural resources to less than significant. No other significant impacts were identified. dowladmin\3-22-1082 ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SE~TION: Consent Calendar ITEM: I~. 11, TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Dir. APPROVED March 14, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 123-29) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an MH (Mobile Home) zone to an R-1 (One Family Dwelling) zone on 2.4 acres and from an MH (Mobile Home) zone to an R-2 (Limited Multiple Family Dwelling) zone on 26.41 acres generally located on the east side of Progress Road, approximately Y, mile south of Panama Lane (Applicant: Quad-Knopf, Inc. representing Gosford - Panama Partners) (File No. 05-1686). (Ward 6) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On February 2, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council. The zone change request consists of changing the zoning from an MH (Mobile Home) zone to an R-1 (One Family Dwelling) zone on 2.4 acres and to an R-2 (Limited Multiple Family Dwelling) zone on 26.41 acres. No one spoke in opposition to the project at the Planning Commission hearing. The current canal alignment is the easterly border of the area proposed to be rezoned. The developer will be relocating the canal to generally parallel Gosford Road south from Panama Lane, then west along a future east-west street. The mid-section line of Section 29 is the line of separation between the existing R-1 and R-2 zoned property east of the canal. For orderly development, the portion south of the mid- section line is proposed to be rezoned to R-1 and developed with the adjacent existing R-1 zoned property. The proposed area to be rezoned R-2 is located on the north side of the mid-section line and would be developed with the adjacent existing R-2 zoned land. In addition, the developer desires the zone change to R-1 and R-2 because these zones provide greater flexibility in the type of residential housing product that could be developed than in the Mobile Home zone. The Panama-Gosford EIR project description included 230 mobile home units within the 28.81 acres zoned MH (Mobile Home). The environmental analysis used this number in its evaluation. In order to remain within the parameters of the environmental analysis of the EIR, staff recommends limiting the number of dwelling units for the proposed R-2 portion (26.41 acres) to 210 dwelling units. The density on March 14, 2006, 1:26PM Jeng I S:\Danaladmin\2006\Mar\3-22-1686.doc -- '--~--"--'----"-' _..~._._~--- ADMINISTRATIVE REPORT the area proposed to be zoned R-1 will be limited by the 6,000 square foot minimum lot size and it would be improbable to exceed 20 single family residential units on the 2.4 acres (Condition No. 39). The zone change request is consistent with General Plan designation of LMR. General Plan Amendment 04-0057 (Panama-Gosford EIR) and an Environmental Impact Report was certified on September 28, 2005, In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. All mitigation measures and conditions of approval from GPA 04-0057 have been included in attached Exhibit "A". The Gosford-Panama EIR is on file in the Planning Department. March 14, 2006, 1:26PM Jeng I S:\Dana\admin\2006\Marl3-22-1686.doc ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: l:l.e. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEy;fJ;n4 FROM: Stanley C. Grady, Development Services Dir. DATE: March 7, 2006 CITY MANAGER Av . SUBJECT: Adoption of an ordinance approving a negative declaration and amending Section 17.06.020 (Zone Map No. 123-36) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 16.71 acres; located north of State Highway 119 and west of State Highway 99 (ZC 05-0493 - Moreland Consulting representing East West Developers) (Ward 7). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on March 8, 2006. On February 2, 2006, the Planning Commission held a public hearing and recommended approval of this zone change to bring the site into consistency with the General Plan designation of the property. The project is proposed to rezone the subject site from A (Agriculture) to C-2 (Regional Commercial) on 16.71 acres and to bring the property into consistency with the General Plan. The site is currently undeveloped. The site is proposed for highway commercial uses. The City is processing Annexation Application No. 488/McKee #5 to bring this approximately 16.71 ± acre area into the City limits. The annexation is expected to be completed in the summer of 2006. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared in accordance with CEOA. Mitigation measures included in the conditions of approval reduce the impacts to cultural resources to less than significant. No other significant impacts were identified. Ip\admin\3-22-0493 2nd --,._._---+-_._--~...,.- ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: ;J,..f. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD y:gk SG March 9, 2006 CITY ATTORNEY VC CITY MANAGER h( / SUBJECT: Adoption of an ordinance approving a negative declaration and amending Section 17.06.020 (Zone Map No. 101-1/ ) ofTitle Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 40± acres and from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 20± acres; (ZC 05-0725 - Porter-Robertson Engineering representing Kevin Pasco et.al.) (Ward 7 upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on March 8, 2006. On January 5, 2006, the Planning Commission held a pUblic hearing and recommended approval of this zone change to bring the site into consistency with the General Plan designation of the property. The project is a proposed zone change from A (Agriculture) to R-1 (One Family Dwelling) on 40± acres and from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 20± acres and to bring the property into consistency with the General Plan. The site is currently undeveloped. The site is proposed for development of single family residential uses upon annexation into the city. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared in accordance with CEQA. Mitigation measures included in the conditions of approvai reduce the impacts to cultural resources to less than significant. No other significant impacts were identified. Lpladmin3-22-0725 ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \;:).,. GI. II TO: FROM: Honorable Mayor and City Council APPROVED CITY ATTORNEY CITY MANAGER 7fv' ¡9;n{ (Jc/ DATE: Stanley C. Grady, Development Services Dir. March 7, 2006 DEPARTMENT HEAD SUBJECT: Adoption of an ordinance approving a negative declaration and amending Section 17.06.020 (Zone Map No. 103-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to a C-2 ! PCD (Regional Commercial! Planned Commercial Development) zone on 15.9 +!- acres generally located at the southwest corner of State Route 178 and Morning Drive. (Mcintosh & Associates representing Sterling Oaks East, LLC, File # 05-1381). (Ward 3). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on March 8, 2006. The proposed zone change from an R-1 (One Family Dwelling) zone to a C-2/PCD (C-2 (Regional Commercial! Planned Commercial Development) zone on 15.9+/- acres for purposes of commercial development located on the southwest corner of State Route178 and Morning Drive (future). The applicant requests the zone change so that the zone on the subject property is consistent with the General Commercial (GC) designation on the General Plan. On January 19, 2006, the Planning Commission recommended approval of the zone change. No one spoke on this project at the Planning Commission hearing. The proposed C-2/PCD zone will require the developer to submit site plan and elevations for Planning Commission review prior to development of the project site. At the time of Development Plan Review, issues related to building orientation, architectural elevations, parking, landscaping, walls and lighting would be addressed. The project site is bordered by State Route 178 on the north and there will be no access allowed directly from!to SR 178. Morning Drive (future) along the eastern boundary is designated as the future alignment of State Route 184 and will have very limited access, as determined by Caltrans. Caltrans and the City are currently preparing plans for an interchange at SR 178 and Morning Drive, which will affect the northeast portion of the project site. Caltrans submitted comments related to required right-of-way dedications. Primary access to the project site will be from the west and south as these adjacent properties develop. March 7, 2006. 9:03AM Jang! S:\Danaladmin\2006IMar\3-22-1381 2nd.doc ADMINISTRATIVE REPORT Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and the Initial Study is attached as Background Information. In accordance with CEQA Guidelines, the environmental assessment was submitted to the State Clearinghouse of a 30-day review which began December 7, 2005 and ended on January 5, 2006 (SCH # 2005121032). Caltrans submitted comments that have been incorporated into the Public Works conditions. March 7. 2006, 9:03AM Jen9 / S:\Oanaladmin\2006\Mar\3-22-1381 2nd. doc ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: IJ. h. TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services Dir. APPROVED DATE: March 7, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER v M7r4 , Ar/ SUBJECT: Adoption of an ordinance approving a negative declaration and amending Section 17.06.020 (Zone Map No. 101-02) otTitle Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to E (Estate) on 98t acres net/101± acres gross; Located at the northeast corner of Snow Road and Jenkins Road (ZC 05-1685 - SmithTech U.S.A., Inc. representing Brian Rice Construction) (Ward 7). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on March 8, 2006. On February 2, 2006, the Planning Commission held a public hearing and recommended approval of this zone change to bring the site into consistency with the General Plan designation of the property. The project is proposed to rezone the subject site from A (Agriculture) to E (Estate) on 98t acres net/101± gross acres and to bring the property into consistency with the General Plan. The site is currently undeveloped. The site is proposed for suburban residential uses. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared in accordance with CEQA. Mitigation measures included in the conditions of approval reduce the impacts to cultural resources to less than significant. No other significant impacts were identified. Ip\admin\3-22-1685 .- ._.._.~ -- --~. -_._._-~_..__._._--_-..------"----"-. ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \;l,¡. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director A~VED DEPARTMENT HEAD /1 CITY ATTORNEY~1-"'~ frv J.5 CITY MANAGER tAe / March 2, 2006 SUBJECT: Sewer Connection Fee Assessments for 5205 Debby Street (Ward 7): 1. Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Lupe F. & Teressa A. Acosta to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owners of properties at 5205 Debby Street have connected their properties to the City sewer system. They have claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owner to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. jas March 14, 2006, 3:51PM G:\G ROUPDA T\ADMINRPT\2006\03-22\5205DebbySt.doc ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: ¡do. i . u TO: Honorable Mayor and City Council FROM: DATE: APPROVED ~ It/ I Resolution Setting Salary and Related Benefits for Officers and Employees of the General Supervisory, Police and Management Units of the City of Bakersfield DEPARTMENT HEAD Alan Christensen, Assistant City Manager March 8, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The City's Management and Supervisory workers have concluded discussions regarding salary and benefits. The managers and supervisors have approached discussions cooperatively and understand the liabilities the city faces with regard to retiree health and pension obligations. Staff would like to acknowledge their efforts to help us achieve the financial savings that the City needs. The following is a summary of significant items that are recommended for approval. 1. Three year agreement from January 1, 2005 to December 31, 2007. 2. Salary increases of 3% effective January 1, 2006, and 4% effective January 1, 2007. 3. The current subsidy for retiree medical health care premiums will be eliminated for all management and supervisory employees hired after approval of the resolution. 4. Supervisory employees hired after approval of this resolution are to pay full employee retirement contributions for the first five years of employment. 5. Increase automobile allowance for department heads and City Council from $100 per week to $120 per week. Managers eligible for car allowance would receive 25% of the department head rate, as is the current practice. The automobile allowance has not been adjusted since 1999. The increase is less than the cumulative rate of inflation for vehicle gasoline and maintenance over that time. 6. Some groups of individuals receive a matching deferred compensation benefit. To reduce perceived inequity we recommend converting the match percentage into salary for those employees to create a more uniform benefit program. March 9. 2006, 2:56PM S:\Admin Rpts\2006\mgt-superv salary resolution 3-22-06.doc ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: I d. .\<.. TO: FROM: DATE: Honorable Mayor and City Council William Rector, Chief of Police DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED "'Í/~ t/~ ftf/ March 14, 2006 SUBJECT: Resolution Approving the Sale of Surplus Property, Police Batons, to the United States Army RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In September, 2005, the City Council authorized the sale of surplus police equipment to the United States Army for use by the Iraqi police. The equipment consisted of belts, riot helmets, holsters, etc. Wasco State Prison recently upgraded the batons used by its guards and, therefore, were left with 395 surplus batons (385 side-handled and 10 straight-handled). Wasco State Prison desires that the batons be made available to the Iraqi pOlice and have donated them to the Bakersfield Police Department for that purpose. The prison does not have a mechanism in place to surplus these items directly to the federal government. However, they can transfer them to the City of Bakersfield. The Wasco Prison Administration wishes to use this method to transfer these items for use in Iraq. Bakersfield Municipal Code section 3.20.120 authorizes the Finance Director to sell surplus property in any manner approved by the City Council. United States Army representatives have requested the City sell this surplus equipment to the Army for use by Iraqi police. The Bakersfield Police Department and the Finance Director desire to sell all the surplus equipment listed above to the United States Army for One Dollar ($1.00). P:\RPT\AdminsIWasco State Prison Suplus Equipment fOf Iraq 3-06_doc March 14, 2006 - 1 :50 PM ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: I,}.l, TO: Honorable Mayor and City Council CITY MANAGER 71::- ÇKl ttú FROM: William R. Rector, Chief of Police DEPARTMENT HEAD DATE: March 10, 2006 CITY ATTORNEY SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($75,605.00) from the U.S. Department of Justice. RECOMMENDATION: Staff recommends adoption of the proposed Resolution. BACKGROUND: Since 1996 the City of Bakersfield Police Department has applied to and received grant funding from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the L.L.E.B.G. Program helped the City underwrite various projects to reduce crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant. "Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (L.L.E.B.G.) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most.. .JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for .....Iaw enforcement programs." The City of Bakersfield is eligible for a JAG award in the amount of $75,605.00. The Police Department wishes to designate this grant toward the purchase of a new color copier/printer for the Crime Lab. The current copier is more than six years old and is in need of replacement. The copier is used by all three divisions in the department, especially Investigations for crime scene photographs and missing/wanted persons bUlletins. Crime Prevention regularly utilizes the copier to print posters for their various programs. Using grant funds to purchase a new color copier is more prudent than the expenditure of general fund dollars or the option of contracting with an outside vendor. IlcitynaslhomedirsldbransonlBPDIADMIN RPTSIADMIN RPTS FY 05-06IADMIN RPT - 2006-07 BRYNE-JAG APPLlCATION.doc March 9. 2006, 3:15PM ._..."_."._-_..-.,--_..._...._,-~~.__... ......-------...--.-.- ADMINISTRATIVE REPORT Grants from the J.A. G. Program have a term of four years and do not require any match from the City. Prior to submitting the application to the Department of Justice, the Bakersfield Police Department must comply with a number of grant conditions including the requirement that the grant application be reviewed by "the governing body of the unit of local government." This agenda item fulfills this requirement. \\citynaslhomedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 05-06\ADMIN RPT - 2006-07 BRYNE-JAG APPlICATION.doc March 9, 2006, 3:15PM ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: 1J,.m. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD 5fr- CITY ATTORNEY ¡J¡r¡¡¡ CITY MANAGER ftrJ . February 28, 2006 SUBJECT: Adoption of a resolution approving an application for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 511 located at the northeast corner of McCutchen Road and Buena Vista Road. (Ward 5). RECOMMENDATION: Staff recommends adoption of a resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexation is identified as Annexation No. 511 containing 78.83 gross acres of land. The annexation area is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land for development purposes 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\3-22-511 ann ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. n. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD ~:t CITY ATTORNEY IìD FoIZ /?ffIS- DATE: March 10, 2006 CITY MANAGER t(}v SUBJECT: Resolution ordering change of proceedings to reduce assessments for parcels located in City of Bakersfield Assessment District 05-3 (Liberty IlNillage Green/Tesoro- Encanto/Lin/Rider/Diamond Ridge). (Wards 3 & 4) RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On August 17, 2005 council approved the resolution of intention No. 1398 for the formation of Assessment District 05-3 (Liberty IlNillage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge). On November 9, 2005, Council adopted Resolution No. 294-05 which levied assessments in the amount of $8,705,000. The actual amount of bonds issued for the district was $9,045,000 ($340,000 less than originally estimated). Savings resulted from favorable bond interest rates and timing adjustments associated with the bond issuance process. This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The amended levy amounts are lower than the original levy amounts and they more accurately reflect the actual amount of unpaid principal bonds outstanding. ---....---. .._--_._-~~,. .--.- --,,-~._._..~ -- "-------_._--- ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: líi.. o· TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD Ø( --- CITY ATTORNEY JJ1;6/ CITY MANAGER fk / SUBJECT: Resolution establishing Traffic Signal Maintenance District TS-13, (Panama and Stine Shopping Center) confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) FROM: Raul M. Rojas, Public Works Director DATE: March 9, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1435 to establish Traffic Signal Maintenance District No. TS-13 (Panama and Stine Shopping Center) for the operation and maintenance of one (1) traffic signal on Panama Lane at approximately 500 feet west of Stine Road at the entrance to the Panama and Stine Shopping Center. Staff recommends the formation of Traffic Signal Maintenance District No. TS-13, (Panama and Stine Shopping Center), generally bounded by Seasons Drive on the north, Stine Road on the east, Farmers Canal on the west and Panama Lane on the south. On September 28,1994 the City Council approved Resolution 161-94, which provides for the collection of maintenance and operating costs for future "convenience" traffic signals through maintenance districts. The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcels. This maintenance district will be a separate district and will not be merged into the Consolidated Maintenance District. The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of the parcels within the propose district which waives the public hearing concerning formation of the maintenance district. This allows the City to expedite the formation of the district. In order to provide future owners with disclosure regarding the proposed maintenance district a covenant has been drafted and will be supplied to the owner to be recorded with the Parcel Map. An example copy of this covenant is attached for reference. mr TS-13REst05-06.dot -_. ....--.. --- --."--. ,- ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ,.D. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ø- CITY ATTORNEY rBtrz4- CITY MANAGER ¡A{/ SUBJECT: Resolution adding territory, Area 3-40 (Berkshire, 99 W) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) FROM: Raul M. Rojas, Public Works Director DATE: March 9, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1403 to add territory, Area 3-40 (Berkshire, 99 W), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract Nos. 6462 and 6367. Area 3-40 is generally bounded by the Arvin-Edison Canal on the north, Highway 99 on the east, a line approximately 1,320 feet south of Berkshire Road on the south and a line approximately 1,300 feet west of Highway 99 on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maxim urn annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-40_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ .q. V TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED úf./l ¡cJ;fC¡ W/ DATE: March 9, 2006 SUBJECT: Resolution adding territory, Area 3-46 (Panama, Mountain Ridge SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1437 to add territory, Area 3-46 (Panama, Mountain Ridge SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract Nos. 6478, 6553 and 6557. Area 3-46 is generally bounded by the Panama Lane on the north, Stine Road on the east, a line approximately 4,000 feet south of Panama Lane on the south and a line approximately 2,640 feet west of Stine Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of 'and in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. mr M03-46_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \1.(". TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ,,/fI... CITY ATTORNEY /"Jm.d CITY MANAGER R-e/ SUBJECT: Resolution adding territory, Area 4-49 (Donaldo, Casa Club 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. (Ward 3) FROM: Raul M. Rojas, Public Works Director DATE: March 9, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1438 to add territory, Area 4-49 (Donaldo, Casa Club SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6736. Area 4-49 is generally bounded by Casa Club Drive on the north, Donaldo Street on the east, a line approximately 1,300 feet south of Casa Club Drive on the south, and a line approximately 600 feet west of Donaldo Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-49_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \~. 5. APPROVED DEPARTMENT HEAD Ø2 CITY ATTORNEY ¡};JU CITY MANAGER_t4ú SUBJECT: Resolution adding territory, Area 4-50 (3rd, "V" NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: March 9, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1439 to add territory, Area 4-50 (3rd, "V" NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6657. Area 4-50 is generally bounded by a line approximately 480 feet north of 3rd Street on the north, a line approximately 295 feet east of "V" Street on the east, 3'd Street on the south, and "V" Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-50_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \;1. 1". TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ø L CITY ATTORNEY íJJr1A- DATE: March 9, 2006 CITY MANAGER t/tf / SUBJECT: Resolution adding territory, Area 4-51 (Valley, Paladino NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1440 to add territory, Area 4-51 (Valley, Paladino NW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6622. Area 4-51 is generally bounded by Belia Drive on the north, Valley Lane on the east, Paladino Drive on the south, and Queen Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been instalied. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfieid has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-51_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: Id-..l-\.. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ¿1fl. CITY ATTORNEY /dM CITY MANAGER jlte/ SUBJECT: Resolution adding territory, Area 1-65 (Real, Chester NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) Raul M. Rojas, Public Works Director DATE: March 9, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1441 to add territory, Area 1-65 (Real, Chester NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Parcel Map Waiver No. 05-1226. Area 1-65 is generally bounded by a line approximately 500 feet north of Chester Lane on the north, Highway 99 on the east, Chester Lane on the south and Real Road on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the parcel map waiver. mr MD1-65_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.I/. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED It f+v March 7, 2006 SUBJECT: Resolution of Intention No. 1442 to establish Traffic Signal Maintenance District TS-14, (Ming, South Allen SE) preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the property owner of Lot 30 described in Tract No. 6086 to form a traffic signal maintenance district for the operation and maintenance of one (1) traffic signal on Ming Avenue at approximately 700 feet east of South Allen Road at the entrance to his proposed development. Staff recommends the formation of Maintenance District No. TS-14 (Ming, South Allen SE), generally bounded by Ming Avenue on the north, the Kern River Canal on the southeast and South Allen Road on the west. On September 28,1994 the City Council approved Resolution 161-94, which provides for the collection of maintenance and operating costs for future "convenience" traffic signals through traffic signal maintenance districts. The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcel. This maintenance district will be a separate district and will not be merged into the Consolidated Maintenance District. The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of the property described above which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the formation of the district. In order to provide future owners with disclosure regarding the proposed maintenance district a covenant has been drafted and will be supplied to the owner to be recorded with the Certificate of Compliance. An example copy of this covenant is attached for reference. de March 7. 2006. 10:07AM TS-14RoL05-06.dot ----_.._._-_...__._---~._.._.------ ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: I;} .w. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY~ ir3fiZ4 ~ CITY MANAGER FROM: Raul M. Rojas, Public Works Director DATE: March 7, 2006 SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with Lennar Homes Of California, Inc., for Tract 6184 Unit 4 located south of Snow Road and east of Jewetta Avenue. (Ward 4) (2) Final Map and Improvement Agreement with Housing Authority Of Kern County for Tract 6209 Phase 1, located south of Fairview Road and east of Monitor Street. (Ward 1) (3) Improvement Agreement with Palms Bakersfield Limited, LLC for Parcel Map 11220, located south of Panama Lane and east of Stine Road. (Ward 7) (4) Final Map with ADH Corporation for Tract 6232 Phase 5 located south of Zephyr Lane and west of South Sterling Road. (Ward 1) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVæW. March 9. 2006. t 1 :17AM G:IGROUPDA1iADMINRPT\2006103·22IMAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: \a.x. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD y:fj..p;.. s: C, CITY ATTORNEY ¡íJJJ1A CITY MANAGER ¡M SUBJECT: Amendments to agreements and appropriation of funds regarding the Off Highway Motor Vehicle Recreation Project: FROM: Stanley C. Grady, Development Services Director DATE: March 8, 2006 1. Amendment No. 1 to Agreement No. 04-323 with Michael Brandman and Associates for $197,950 for preparation of an Environmental Impact Report. 2. Amendment NO.2 to Agreement No. 04-102 with the State of California Department of Parks and Recreation to increase the amount of the grant by $197,950. 3. Appropriate $197,950. State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget within the Recreation Facilities Fund for securing approval of an Off Highway Vehicle Park. RECOMMENDATION: Staff recommends approval of amendments to the agreements and appropriation of funds. BACKGROUND: These amendments to the agreements are necessary as the Off Highway Vehicle Park site (11,000 acres) is more than 200% larger than originally anticipated. This fact necessitates more environmental work than the original bid covered. The State of California Department of Parks and Recreation has agreed with this action. This project is now anticipated to be heard by the Board of Supervisors in September 2006. The draft Environmental Impact Report should be out for a 45 day review in June 2006. The original agreement with Michael Brandman and Associates, for environmental work, was entered into on November 3, 2004 in the amount of $315,090. With this amendment, the total contract amount is $513,040. On April 14, 2004 the City Council adopted a resolution to receive $500,000 in state funds for preliminary work necessary to site a new Off Highway Vehicle Park. These funds are from two state sources, $98,000 from the Off Highway Motor Vehicle Recreation Division and $402,000 from the Department of Parks and Recreation. On December 15, 2005 the grant with the Department of Parks and Recreation was amended by $10,668 for the completion of survey work. With this amendment the total grant amount is $708,618. ADMINISTRATIVE REPORT Page 2 This project is the result of considerable local interest in replacing areas in northeast Bakersfield historically used for off-road riding. To date an Off Highway Vehicle Park has been optioned, a park designed, environmental studies are underway and a stake-holder group meets monthly to provide direction for the project. Public access to the site from Round Mountain Road remains unresolved but staff is working diligently to address this issue. There have been no new Off Highway Vehicle Parks created in the State of California in more than 25 years. mgladmin\3-22-ohv MADs -P:\OVHP COF Grant Admin Amend No 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: I ~. V. I TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED DEPARTMENTHEAD~ CITY ATTORNEY ßJnJ March 10, 2006 CITY MANAGER fk/ , SUBJECT: Amendment NO.1 to Agreement No. 05-185 with Alon Asphalt Bakersfield, Inc. ($450,000.00, revised not to exceed $900,000.00 and extending term for one (1) year) for asphalt rejuvenator/sealant. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On May 11, 2005, Council awarded the annual contract for asphalt rejuvenator/sealant to Alon Asphalt Bakersfield, Inc. The Agreement allows for a one (1) year extension if all parties agree. City staff and Alon Asphalt Bakersfield, Inc. agree to the extension of Agreement under the same terms and conditions. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be rebid. Purchasing Division DW S:\PURCH\ADMIN\Amendment #1 to Agreement No. 05-185, Alon Asphalt Bakersfield, Inc., AC Asphalt Rejuvenator Sealant, March 22, 2006.doc March 14. 2006, 1 :32PM ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ.z.. TO: FROM: Honorable Mayor and City Council Alan Christensen, Assistant City Manager DATE: March 10, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~OVED V& f1(1 SUBJECT: Amendment No. 2 to Agreement No. 00-95 with William Avery & Associates, Inc. for Negotiation and Consultation Services in the Employer-Employee Relations in an amount not to exceed $41,200 per year. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On March 13, 2000, the City Council approved Mr. Avery's consulting agreement for a three-year period ending March, 2003. On February 22, 2003, Council amended the agreement to extend the term another three years. Mr. Avery has had a long history with the City (almost 23 years) providing consultation in labor negotiations and ongoing labor relations issues. Mr. Avery has been very successful in building positive working relationships between employee labor groups, staff and Council. He also has a unique understanding of the City's labor relations history and knowledge of past labor practices. This amendment extends the term of the agreement for one year. The monthly fees of $2,600 per month will remain unchanged. We have capped his reimbursable travel and lodging fees at $10,000, as we continue contract negotiations with Police and Fire. Mr. Avery has not had an increase in his monthly fees for three years, and this amendment would fix his rates at this level for another year. March 1o, 2006, 11 :56AM S:\Admin Rpts\2006\Avery amd 032206.doc AC:al ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: I;¡'.o.o.-. TO: FROM: Honorable Mayor and City Council DATE: APPROVED DEPARTMENT HEAD ~_ CITY ATTORNE¿_ CITY MANAGER /V{/ Contract Change Order No. 6 to Agreement No. 04-339 with S.C. Anderson Inc., ($30,587.52 decrease; for a revised not to exceed compensation amount of $5,665,021.28), for the Park at River Walk, Site Improvement Contract (Ward 4). Raul M. Rojas, Public Works Director March 2, 2006 SUBJECT: RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Construction of the Park at River Walk, Site Improvement Contract, was awarded to SC Anderson, Inc., at the November 17, 2004 Council meeting. The awarded contract amount was $5,646,000. This is the fifth contract change order to be submitted for the project. The turf area shown on the plans around the creek bed needs to be deleted in order to provide for future maintenance of the creek bed. This change will result in a credit of $7,923.67. The stonework on the bridge and the concrete cap for the stonework was deleted because it did not match the surrounding landscape elements. This change will result in a credit of $5,305.28. The shrubs for this project are unavailable in the specified 5 gallon size; however, these plant materials are available in a 1 gallon size. The contractor has agreed to provide a credit in the amount of $2,570.79 for the reduction in plant sizing. The contractor has agreed to rescind the charges for additional days granted on Contract Change Order NO.1 in consideration for extending the contract time. This change will result in a credit of $14,787.78. This change order will decrease the Site Improvement project total by ($30,587.52). The change orders to date on this project reflect a net increase of $19,021.28 (which is an increase of 0.34% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Order Net Increase = $5,646,000.00 $5,665,021.28 $ 19,021.28 . = = Sufficient funds are budgeted to cover this contract change order. Rick M@Construction 3/212006 1:08:27 PM G:\GRQUPDAT\ADMINRPTì2006\03-22\32 Acre Park Site Conlracl- ceo 6.doc ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \;)..'cb. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager February 28, 2006 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY r?L CITY MANAGER 4ú SUBJECT: Contract Change Order NO.1 to Agreement No. 05-284 with HPS Mechanical ($12,869.29 for a revised not to exceed award of $613,396.29) for the Construction of Pipeline to City Water Facility at Norris Road RECOMMENDATION: Staff recommends approval of the Contract Change Order. BACKGROUND: In July, 2005, City Council approved the bid and awarded Contract No. 05-284 to HPS Mechanical to install 3,108 feet of 36" diameter underground pipeline to convey raw water to City's water facility at Norris Road. Due to unforeseen existing conditions the pipeline needed to be raised at the tie in point at Coffee and Snow Roads, requiring a reinforced concrete field collar connection and some additional footage of pipe. It was also necessary to increase the diameter of the access manholes in order to facilitate future maintenance of the air valves This contract change order is to modify the 30" waterline tie-in to the existing 4 ditch pipeline at Coffee and Snow Roads. This is the first Contract Change Order submitted for this project. This change order will increase the project total by $12,869.29. Original Contract Amount Amended Contract Amount and Change Order Net Increase = $600,527.00 $613,396.29 $ 12,869.29 = = JS:js March 2, 2006, 10:26AM S:\2006 ADMIN REPORTSIMar22CC01 HPS4ditchl-208.doc ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: lól,c.C.. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED CITY MANAGER DEPARTMENT HEAD DATE: March 10, 2006 CITY ATTORNEY SUBJECT: Accept bid to award the Annual Contract for Canal Liner Repair to Jim Alfter Cement Contractor, Bakersfield, in the not to exceed budgeted amount of $200,000.00. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to five (5) contractors for the Annual Contract for Canal Liner Repair. Jim Alfter Cement Contractor, Bakersfield, submitted the sole bid. Staff finds the bid to be acceptable and recommends award of the bid to Jim Alfter Cement Contractor, Bakersfield. Purchasing Division DW S:\PURCH\ADMIN\AC Canal Liner Repair, Jim AJfter Cement Contractor, March 22, 2006.doc 3/10/2006 ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.1.dd. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED .,A/5 ~e' DATE: March 9, 2006 SUBJECT: Reject all bids for decorative bollards for the Chester Avenue Streetscape Project. (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to twelve (12) suppliers for decorative bollards for the Chester Avenue Streetscape Project. Three (3) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $59,234.18 Stewart Electric Bakersfield, CA Graybar Electric Bakersfield, CA $59,904.40 California Electric Supply Bakersfield, CA $60,216.16 All bids exceed the budget allowance. Staff is investigating alternate products and will clarify the bid documents and re-advertise for bids. Purchasing Division DW S:\PURCH\ADMIN\Reject Bids - Decorative Sollards for the Chester Ave. Streetscape Project, ITS 05-06-20, March 22, 2006.doc March 9, 2006 ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: Id-. ee.. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY 9d CITY MANAGER DATE: March 9, 2006 SUBJECT: Extend Bid from Jim Burke Ford, $74,508.49 for One (1) Additional Aerial Lift Truck for the Recreation and Parks Department. (Citywide) RECOMMENDATION: Staff recommends extension of bid. BACKGROUND: At the Council meeting of March 8, 2006, Jim Burke Ford was awarded the bid for the purchase of two (2) aerial lift trucks. 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 within one year after acceptance of the original bid. Jim Burke Ford has indicated their approval of extending the same per unit cost for this purchase. Funds for the purchase are in the FY 2005-2006 adopted budget. The equipment will be used by the Recreation and Parks Department. Purchasing Division ow S:\PURCH\AOMIN\Aerial Lift Truck, Extension of Bid 05-06-07, March 22. 2006.doc March 9. 2006 ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: 1;1.+f. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD /1/:<7 CITY ATTORNEY 7::!:- CITY MANAGER A'/ . FROM: Nelson K. Smith, Finance Director DATE: March 8, 2006 SUBJECT: Purchase One (1) Additional Water Truck for the Solid Waste Division. 1. Accept bid from Gibbs International in the amount of $132,331.82 for One (1) Additional Water Truck for the Solid Waste Division. 2. Appropriate and transfer $28,332 Refuse Fund Balance to the Public Works Operating Budget within the Equipment Maintenance Fund. RECOMMENDATION: Staff recommends acceptance of bid and approval of appropriation. BACKGROUND: Invitations to Bid for one (1) water truck were sent to forty (40) suppliers. Two (2) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $132,331.82 Gibbs International Bakersfield, CA Bakersfield Truck Center Bakersfield, CA $133,133.66 Staff finds the low bid to be acceptabie and recommends award of the bid to Gibbs International, Bakersfield, CA in the amount of $132,331.82. The FY 2005-2006 Adopted Budget has $104,000 for the purchase of the water truck. An additional $28,332 needs to be appropriated to complete the purchase. Purchasing Division DW S:\PURCH\ADMIN\Water Truck. ITS 05-06-08. March 22,2006.doc March 8, 2006 .--......--.- --._-- ..--- ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: la.c,OI. \..JU TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD $v- DATE: March 14,2006 CITY ATTORNEY IJ è ¡:::;v Vú-- / i. CITY MANAGER W SUBJECT: Appropriate $1,000 developer's contribution to the General Fund in the Development Services budget for peer review of the Geologic Hazards Report for Vesting Tentative Tract 6137 located on the west side of Alfred Harrell Highway, and the north side of Paladino Drive. (Developer: S & S Homes / Engineer: New Vision Engineering) Ward 3. RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: In cases where a seismic special study is conducted, state law requires that the report be subject to peer review and that the applicant pay for the review. The peer review meets the criteria for a Department Services contract because it is under $10,000. A Department contract for $1 ,000 with BSK Associates has been processed for the review. Vesting Tentative Tract 6137 consists of 316 lots on 343 acres for single family residential development. The project site is located on the west side of Alfred Harrell Highway, and the north side of Paladino Drive. The tract map was approved in early 2003. The review of the seismic special study is part of the tract processing and required by State law. Md Admim\3-22-6137 ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: la.hh. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD Str-· CITY ATTORNEy¡¡l4~ 1f6- CITY MANAGER . Stanley C. Grady, Development Services Director DATE: March 14, 2006 SUBJECT: Appropriate $6,183.00 in Strong Motion Instrumentation (SMI) monies to the General Fund in the Development Services Operating budget to supply electrical service to the disaster traiier. RECOMMENDATION: Staff recommends appropriation of the funds. BACKGROUND: Per AB 2358, the City collects funds on behalf of the State of California for seismic safety. Strong Motion Instrumentation (SMI) funds are collected for each building pern1it and deposited into a trust account. The State of California provides that for each $100,000 valuation, $21 is collected on commercial projects and $10 on residential projects. Local jurisdictions forward all but 5% of these funds to the state quarterly and are allowed to use a portion of the amount they retain for data utilization, seismic education, and preparing for earthquakes. The Building Division maintains a disaster response traiier which contains materials and supplies to be used in the event of an earthquake or other natural disaster or calamity. The trailer resides in a storage garage, that does not have electricity, located at the police pistol range on Truxtun Avenue. These funds will be used to provide electrical service to the garage for lightning and generator battery maintenance. MAD P:\TRUSTACTìSMI TRUSTìLightning Electric Admin.doC ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: \.1, ii. Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ March 8, 2006 CITY ATTORNEY /é?J:J¿d. CITY MANAGER lAû SUBJECT: Appropriate $10,000 developer share project costs to the General Fund in the Development Services operating budget for consulting service for processing SunCal McAllister Ranch prezoning and environmental documents. (Ward 5 upon annexation) TO: FROM: DATE: RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: LBREP/L-SUNCAL MCALLISTER RANCH LLC is annexing the "McAllister" Ranch project into the City of Bakersfield. Time constraints necessitate the retention of Northcutt & Associates in order to process this application. McAllister Ranch is located in the western Bakersfield Metropolitan area and covers 2,070 acres. The ranch calls for 9,000 residential units, golf course and more than 250 acres of commercial acreage. LBREP/L-SUNCAL MCALLISTER RANCH LLC and the City of Bakersfield have signed an annexation agreement that acknowledges the existing entitlements granted to them previously in the County of Kern. March 16, 2006, 8:45AM S:\Danaladmin\2006\Mar\3-22 appro of funds.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: ¡c?. i ¡, '-\J TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD Cy m ~ CITY ATTORNEY CITY MANAGER flL/ DATE: March 14, 2006 SUBJECT: Appropriate and transfer $500,000 General Fund balance to the Capital Improvement budget within the Capital Outlay Fund for the City's street preventative maintenance program. RECOMMENDATION: Staff recommends approval of appropriation and transfer. BACKGROUND: This is the second administrative report to increase funding for the City's street preventative maintenance program this fiscal year. At the December 14, 2005 meeting, Council appropriated an additional $570,000 for street maintenance. There is a large backlog of City residential streets that are in need of reconstruction. This budget year our street crews have accelerated their street resurfacing/reconstruction program and also our street sealing program to tackle this backlog. Currently, $6 million is budgeted for street materials in this fiscal year. We are monitoring these expenses on a monthly basis and anticipate a funding shortfall this year end if street crews continue at their current pace. Because several factors, such as weather, can impact the amount spent for street maintenance, staff is requesting additional funding in phases, rather than all at once. Staff will continue to monitor anticipated expenditures for this program and may come back to Council in the future with additional appropriation requests. March 14. 2006, 10:49AM PW Streets G:IGRUPDA nsTREETSIAPPROPRIA TE FUNOSI$1.000.000 ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Consent Calendar ITEM: \,).. KK. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY A HORNEY CITY MANAGER APPROVED .,A/5 ¡/C-- r/l¿/ March 10, 2006 SUBJECT: Appropriate $90,000 Equipment Fund Balance to the Finance Department Operating Budget within the Equipment Management Fund for the replacement of 9 photocopier machines. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The City has an internal photocopier program to provide, maintain and replace approximately 48 departmental photocopier machines citywide. The equipment replacement program and related maintenance agreements are managed by the Finance department. The City has historically based copier replacement decisions in relation to excessive maintenance issues as opposed to simply the age of the equipment. Estimates are made each year regarding the number of copiers that need replacement due to a high number of service calls and/or continued maintenance problems with the machine. At the beginning of this fiscal year, about 25 of the 48 copiers in this program were between 6 and 11 years old. We have replaced five machines so far this year, but due to repeated maintenance issues on some of the other machines we have an immediate need to replace 9 more in the current fiscal year. Additional appropriations are necessary to accomplish this task. Funds are available in the Equipment Management Fund for this purpose. nks S:\KimG\Nelson\Admin - add it copiers march 2006.doc Feb. 24.2006 ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: la.l\. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD DC ~ Dianne Hoover, Director Recreation and Parks DATE: March 10, 2006 CITY ATTORNEY CITY MANAGER VCr I}/ SUBJECT: Various Recreation and Parks Department Appropriations for The Park at River Walk: 1) Appropriate $20,000 contribution from Castle & Cooke, Inc. to the Recreation and Parks Operating Budget within the General Fund, for the "Bit of Bakersfield" event at The Park at River Walk/Bright House Networks Amphitheatre, to be held April 28- 30, 2006. (Ward 4) 2) Appropriate $75,000 naming rights advertising revenue from Bright House Networks per Agreement #05-429 to the Recreation and Parks Operating Budget within the General Fund, for the "Bit of Bakersfield" event and other activities at The Park at River Walk/Bright House Networks Amphitheatre. (Ward 4) RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: 1) The City of Bakersfield recently received a contribution check from Castle & Cooke, Inc. in the amount of $20,000. Castle & Cooke specifically requested the funds go toward the opening band at The Park at River Walk, Bright House Networks Amphitheatre. The Recreation and Parks Department will be holding the grand-opening event, "Bit of Bakersfield," the weekend of April 28-30, 2006 at The Park at River Walk. The main events will occur at the Bright House Networks Amphitheatre. The $20,000 contribution will pay for the Fab Four Band and associated costs such as lighting, sound, etc. 2) Per Agreement #05-429 (approved by Council on 12/14/05), Bright House Networks receives naming rights of the Amphitheatre located at The Park at River Walk for $375,000 plus $125,000 in advertising events for a five year period. This equates to payments of $75,000 per year and advertising of $25,000 per year from 2006 to 2010. The City of Bakersfield has received the 2006 payment of $75,000. The funds will pay for various events at River Walk, including "Bit of Bakersfield," and associated costs. March 10, 2006, 10:36AM S:\2006 AdminslC & C Contr_BrightHouse Admin_3-22-06.doc :rlj ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: ITEM: ¡;;'I·mm. TO: FROM: DATE: Honorable Mayor and City Council March 9, 2005 CITY ATTORNEY CITY MANAGER APPROVED W~ YG:> A(/ I Ron Fraze, Fire Chief DEPARTMENT HEAD SUBJECT: Donation of $1 ,750 from the Wal-Mart Foundation to the Bakersfield Fire Department and appropriation of $1,750 to the General Fund Operating Budget for fire safety education RECOMMENDATION: Staff recommends acceptance of donation and appropriation. BACKGROUND: The Wal-Mart store located at 2300 White Lane has donated $1,750 to the Bakersfield Fire Department for the advancement of public fire safety education in the community. This donation will be used to enhance the department's fire safety and public education process through the purchase of materials and supplies for fire safety related programs within the community. kwb March 15, 2006, 8:53AM S:\SUSANlAdmin Report Word\Walmart donation.dot ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: Consent Calendar ITEM: \J.nn. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER V~ V~ lli(1 March 15, 2006 SUBJECT: Conversion of Vacant Existing Deputy City Attorney I Position to Two Associate City Attorney Positions RECOMMENDATION: Staff recommends approval. BACKGROUND: On January 25, 2006, the City Council directed the City Attorney to implement a Community Prosecution Program as an element of the City Attorney's Office. The program will dedicate personnel to prosecute "quality of life" crimes. In addition, the City Council authorized the conversion of the vacant Deputy City Attorney II position to two Associate Attorney positions. On February 27, 2006, the Deputy City Attorney I position was vacated with the retirement of Allen Shaw. Staff is requesting conversion of the vacant Deputy City Attorney I position to two Associate Attorney positions. The funds for the Deputy City Attorney I position cover the salary and benefits of two Associate Attorney positions and enable the best opportunity for success of the Community Prosecution program. JS:js S:\CQUNCIl\AdminsI05-06 Admins\communityprosrev1.doc March 14, 2006. 4:59PM ADMINISTRATIVE REPORT MEETING DATE: March 22, 2006 AGENDA SECTION: ITEM: lô.a.. Hearings TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ~ Stanley C. Grady, Development Services Director DATE: March 6, 2006 CITY MANAGER pt/ V SUBJECT: Public hearing to consider adoption of Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Developers pay a $1,240 per acre fee at grading plan approval stage to compensate for direct and indirect impacts on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change in the fee is recommended at this time. However, at the February 27, 2006 joint City/County meeting, Ted James, Kern County Planning Director provided a report that with the recent astronomical increases in land prices, it will soon be necessary to increase the fee. In addition, finding suitable habitat lands to acquire is becoming more difficult in Kern County because most of the available habitat land has been already acquired and of the remaining land, the Trust Group is now competing with speculating land investors. In past years, the Trust Group has been able to acquire land at very good prices. The Group has not yet purchased much specialty preserve property which is more expensive and urban conversion of natural lands has been minimal. At this time, increases in State charges can be absorbed while holding down the fee. However, it is likely a fee increase will be requested in the future. The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August 25,1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in August of 1994. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means whereby individuals and the development community in the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts. The program received widespread support from the development community and environmental groups. ADMINISTRATIVE REPORT Page 2 The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is composed of representatives from the City of Bakersfield and Kern County, and includes advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member. The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section 66002, the capital improvement plan must be updated annually by the City and County. This report provides the basis for the annual update. Staff has determined that the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (CIP) involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. So far over 14,000 acres of endangered species habitat land have been credited to implementation of the Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and our agreement. The program has acted to acquire more than 3,100 acres of habitat mitigation land in 2005. The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at $1,240 per gross acre since the inception of the MBHCP. In the past year, non-specialty preserve acquisitions that have been completed are averaging about $475 per acre for the cost of the land. A portion of the $1,240 fee is required by wildlife agencies for fencing, enhancement and management of preserve areas. The program is self-supporting and requires no support funds from the city or county. In past years, the $1,240 per acre fee has allowed the program to operate adequately. However, it is foreseeable that an increase in the HMF may be necessary to cover increases in land costs and compensate for those parts of the HMF that are tied to the automatic raises by the State. The Capital Improvement Plan has operated successfully in meeting the program's obligations under the terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Kern County Board of Supervisors conducted a public hearing on this item on December 20, 2005, and approved a similar resolution. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP. Jeng\admin\3-22 ~.. .__.~-_.,.__._~,-_._... _......_--_.~' ~--~..- -- -'-~ ,._..,...~.,,- ADMINISTRATIVE REPORT MEETING DATE: March 22,2006 AGENDA SECTION: Hearings ITEM: I Ô . b. TO: FROM: Honorable Mayor and City Council DATE: March 9, 2006 CITY ATTORNEY CITY MANAGER Ilt/ , Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Public Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (Proposed 5.6% increase based upon Construction Cost Index) (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following is the Public Works Director's annual report to the City Council with updated, new, or additional information regarding the fee amount collected for the development of parks within the City. Staff recommends increasing the current $1,430 per dwelling unit fee to $1,510 per dwelling unit (5.6% increase). This increase is based entirely on the rise in the Construction Cost Index (CCI). Parks staff has reviewed the cost components of the park development fee, and other than the CCI, no other changes are recommended. The park development fee was last adjusted in July, 2005. Informational notices were mailed to the Building Industry Association (BIA), American Institute of Architects, and North Bakersfield Recreation and Parks District. G:\GROUPDAnADMINRPTI2006\03-22\Park Dev Fee Admin.doc SPECIAL MEETING MINUTES OF THE JOINT MEETING OF FEBRUARY 27,2006 BAKERSFIELD CITY COUNCIL AND KERN COUNTY BOARD OF SUPERVISORS City Host City Council Chambers 150Hruxtun Avenue Special Meeting - 5:30 p.m. ACTION TAKEN 1. INVOCATION by Pastor Freddie L. Thomas, The Jerusalem Mission 2. FLAG SALUTE by Rachel Sanders, 4th Grade Student at Almondale Elementary School 3. ROLL CALL Kern County Board of Supervisors Present: Absent: Supervisors McQuiston, Maben, Patrick, Watson, Rubio None Bakersfield City Council Present: Absent: Mayor Hall, Vice-Mayor Maggard (5:36 p.m.), Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Vice-Mayor Maggard 4. OPENING REMARKS BY MAYOR HARVEY L. HALL 5. OPENING REMARKS BY CHAIRMAN PATRICK 6. PUBLIC STATEMENTS A. Dennis Revell, President of Revell Communications spoke on behalf of American Promotional events, better known as TNT Fireworks, Scott Allen, Phantom Fireworks, Fuchsia Ward, representing Kern Kiwanis Club, Susan Norman, fireworks seller for 4H, Ruben Heredia and Associate Director for Teen Challenge, spoke regarding fireworks Regulation. Bakersfield, California, February 27, 2006 - Page 2 6. PUBLIC STATEMENTS ACTION TAKEN B. Tom Clark, Jan Gary, Citizens for a New Oildale, and Suzanne Lange, spoke regarding naming a street for Merle Haggard. C. Jeff Green, Chairman of the Bakersfield Homeless Center, spoke regarding the need for additional funding for the Bakersfield Homeless Center. Councilmember Benham requested the Budget and Finance Committee review the Bakersfield Homeless Center's request for additional funds from the City. Supervisor Maben requested the Board of Supervisors and the CAO review the request for additional funds from Jeff Green on behalf of the Bakersfield Homeless Center. D. Rich O'Neil, on behalf of the Kern River Parkway Committee, spoke regarding cooperation between the City and County in utilizing the Kern River Parkway. 7. BUSINESS ITEMS A. Update on Federal Highway Funding and Local Transportation Project Priority and Administration (Thomas Roads). (City Agenda Item) - Hear City Staff Presentation by Public Works Director Raul Rojas. RECOMMENDED ACTION: APPROVE; ADOPT JOINT RESOLUTION IN SUPPORT OF AB1858 City Clerk Pam McCarthy announced correspondence was received from staff with proposed changes to the Resolution. City Public Works Director Raul Rojas made staff comments and introduced Chris Clark, Parsons Program Manager, who gave a presentation and provided written material. Mr. Clark introduced Girair Kotchian, Deputy Program Manager, who gave an overview of the projects. Craig Pope, Kern County Director of Roads, ~ave an update and made a presentation regarding 7' Standard Road. Bakersfield, California, February 27, 2006 - Page 3 7. BUSINESS ITEMS continued Item 7.A. continued ACTION TAKEN Motion by Vice-Mayor Maggard to adopt the revised Resolution in supporl of Assembly Bil/18S8. APPROVED Motion by Supervisor Watson, seconded by Supervisor Rubio, to adopt the revised Resolution in supporl of Assembly Bil/18S8. APPROVED B. Update on Local Transportation Safe Rojas Ballot Measure. (Joint Agenda Item) - Hear City Staff Presentation by Public Works Director Raul Rojas and County Staff Presentation by Resource Management Agency Director David Price, III. City Public Works Director Raul Rojas and David Price Kern County Director of Resource Management Agency, made staff comments. Roger Mcintosh, Mcintosh and Associates provided an overview. C. Update on General Plan Review Process. (Joint Agenda Item) - Hear City Staff Presentation by Development Services Director Stan Grady, County Staff Presentation by Planning Director Ted James, and Presentation by Vision 2020 Representative. City Development Services Director Stan Grady made staff comments and gave an overview. Kern County Planning Director Ted James made comments and introduced Brooke Antonioni and Sarah Catrell-Barron, members of the Vision 2020 First Quarter Update Team, who made comments regarding growth in the community. Council member Carson requested groups consider modification of the airpark land use plan. Supervisor Rubio requested information regarding the length of time required to complete the process from hiring of a consultant through completion of the project and the feasibility of streamlining the process. Development Services Director Stan Grady responded. Supervisor Rubio requested information regarding utilization of a joint City/County Planning Commission. Kern County Planning Director Ted James responded. Bakersfield, California, February 27, 2006 - Page 4 7. BUSINESS ITEMS continued Item l.C. continued ACTION TAKEN Councilmember Benham requested additional information regarding a joint City/County Planning Commission. Mr. James responded. Councilmember Benham requested staff analyze the feasibility of transitioning into one Metropolitan Planning Commission. Chairman Patrick suggested grouping like projects in order to evaluate the cumulative effect of growth. Supervisor Watson requested staffs provided recommendations for aggressive infill incentives and incentives for increasing densities and report back at the next Joint Meeting. Supervisor McQuiston requested all avenues be explored to manage the volume of General Plan Amendments and assure communication between the City and County remain open. Vice-Mayor Maggard expressed concern over the creation of a metropolitan planning agency. Additionally, he suggested City and County Planning Commissions share information and exchange comments as part of their review process. Councilmember Couch requested a memo from former Development Services Director Jack Hardisty regarding the formation of a joint planning body be located and redistributed to Council, Supervisors and appropriate staff. Mayor Hall commended members of the Vision 2020 Committee. D. Report on Fire Station 65. (County Agenda Item) - Hear County Staff Presentation by Fire Chief Dennis Thompson and Comments by City Manager Alan Tandy. County Fire Chief Dennis Thompson made staff comments and presented an overview. .'~~.____ ~,~.,,~__._~....~ _ ~~.,~_~.~_,~__"<_._ ·_·__>_"_~U~_·, "'__,~_.__ ._~___ Bakersfield, California, February 27, 2006 - Page 5 7. BUSINESS ITEMS continued Item 7.D. continued ACTION TAKEN City Manager Alan Tandy made staff comments. Chairman Patrick requested asked if any funds were set aside for the relocation of Station 65 when Rosedale Hwy. was widened at the NW Promenade. City Manager Alan Tandy responded. E. Fireworks Regulation Review. (City Agenda Item) - Hear City Staff Presentation by Fire Chief Ron Fraze. City Fire Chief Ron Fraze made staff comments. Kern County Fire Chief Dennis Thompson made comments. F. Habitat Conservation Program. (Joint Agenda Item) - Hear City Staff Presentation by Development Services Director Stan Grady and County Staff Presentation by Planning Director Ted James. Development Services Director Stan Grady made staff comments. Kern County Planning Director Ted James provided a status report. Councilmember Harold Hanson requested information regarding the maintenance of wild creatures and their habitats. Additionally he requested information regarding negotiating parties and appropriate replacement land. Mr. James responded. Supervisor Watson requested staff return to the next Joint Meeting with a proposal for program adoption. Kern County Planning Director Ted James responded that it would be premature to make a proposal at this time and that the Implementation Review Group will review the program and report back to the respective hearing bodies. G. South Beltway Alignment. (Joint Agenda Item) - Hear City Staff Presentation by Public Works Director Raul Rojas and County Staff Presentation by Planning Director Ted James and Roads Director Craig Pope. City Planning Director Raul Rojas and Kern County Planning Director James presented visual aids and made staff comments. Bakersfield, California, February 27, 2006 - Page 6 7. BUSINESS ITEMS continued Item l.G. continued ACTION TAKEN Kern County Roads Commissioner Craig Pope made comments. Supervisor Watson requested a cost analysis of right-of- way acquisition at Houghton Road Kern County Roads Commissioner Craig Pope responded. Councilmember Couch requested staff explore establishing a bike path on the east side of Hwy. 99. Councilmember Sullivan requested information on the projected start and completion dates. Kern County Roads Commissioner Craig Pipe responded. H. Report on forming a joint task force (with members from City/County staff and related agencies) to assure responsible growth and planning for the future. (County Agenda Item) - Hear County Staff Presentation by Resource Management Agency Director David Price, III. Kern County Director of Resource Management Agency David Price, III made staff comments. Supervisor Rubio thanked staff for efforts in facilitating planning for the future and suggested City and County planning staffs move forward with formation of a Joint Task Force to coordinate planning efforts. Councilmember Couch requested streamlining dissemination of information related to planning issues, with a timeline indicating when issues will go before the Council and Board. Councilmember Carson requested information regarding City/County planning agencies attending one another's meetings. Mr. Price responded. Chairperson Patrick inquired at what point the governing agencies become involved in the planning process and suggested the issue be revisited at the next joint meeting after the separate entities have an opportunity to address the issue. Mr. Price responded. Supervisor Rubio requested the Joint Task Force continue holding meetings and present a schedule to the Board of Supervisors and City Council within the next month. Bakersfield, California, February 27, 2006 - Page 7 ACTION TAKEN 7. BUSINESS ITEMS continued I. Animal Control (County Agenda Item) - Hear County Staff Presentation by Resource Management Agency Director David Price, III. Kern County Director of Resource Management Agency David Price made staff comments. Supervisor Watson requested staffs make recommendations regarding implementation of neighborhood canvassing to assure animals are licensed, subsidizing a spay and neutering program, implementing a breeding permit fee. Councilmember Sullivan requested an overview of the spay and neutering programs. Mr. Price responded. Councilmember Scrivner requested staff partner with the County to establish a joint program for enforcement of animal regulations, implementation of a field education plan, dedication of an animal control officer and animal specialist to canvass neighborhoods and establishment of a joint subsidy for the purpose of spay/neutering. Additionally, staff to investigate utilization of administrative fines to aid in enforcement of statutes. Supervisor Maben requested the City explore an Ordinance prohibiting giving away animals in front of businesses. Councilmember Benham requested the Legislation and Litigation Committee explore an Ordinance prohibiting giving away animals in front of businesses. J. Status Report on Metropolitan Bakersfield Solid Waste Transfer Station Siting. (Continued from 02/28/05 & 09/19/05 meetings) (Joint Agenda Item) - Hear City Staff Presentation by Solid Waste Director Kevin Barnes and County Staff Presentation by Waste Management Director Daphne Harley. City Solid Waste Superintendent Sal Moretti made staff comments and gave a presentation. Director of Waste Management of Kern County, Daphne Harley, made staff comments. Bakersfield, California, February 27, 2006 - Page 8 7. BUSINESS ITEMS continued Item 7.J. continued ACTION TAKEN Councilmember Couch requested both boards take a position regarding the Congestion Mitigation and Air Quality (CMAQ) allocation of funds and forward requests for funds to KernCOG. Council member Couch requested information regarding modifying the transfer facility into a recycling facility and expressed support for that effort. Public Works Director Raul Rojas responded. Chairman Patrick requested staff evaluate the feasibility of mandatory recycling in the metropolitan area, whether mandatory recycling would aid in meeting the required 50% diversion and report findings at the next Joint Meeting. Supervisor Rubio made comments regarding the MOU, stated that the governing bodies should strive to make recycling a goal rather than an option and requested County staff prepare a Resolution regarding the Su-Mac allocation offunds. Supervisor McQuiston suggested the matter requires more discussion and that a comparison of costs should be made regarding diversion and recycling. Councilmember Benham expressed support for expansion of the voluntary curbside recycling particularly in meeting the diversion requirements and requested staff track County ideas regarding the issue with an eye to partnering with the County to meet City diversion requirements. Council member Carson requested the cost of mandatory recycling be carefully considered. Council member Sullivan suggested voluntary recycling be promoted. Vice-Mayor Maggard suggested staff utilize the economy of scale. Councilmember Hanson requested information regarding the CMAQ timeline. Ms. Harley responded. Councilmember Scrivner requested information regarding a split use truck. Mr. Moretti responded. Bakersfield, California, February 27, 2006 - Page 9 7. BUSINESS ITEMS continued K. Regulating Body Art Shops. (County Agenda Item) - Hear County Staff Presentation by Environmental Health Services Director Steve McCalley. Environmental Health Services Director Steve McCalley made staff comments. Supervisor Rubio expressed support for establishing standards regarding body art 8. CLOSING COMMENTS BY BOARD MEMBERS AND CITY COUNCILMEMBERS Supervisor Rubio expressed appreciation for City hospitality and referenced a memo he circulated Joint City/County meetings. Supervisor Watson thanked the City for hosting the Joint meeting and support of further Joint meetings. Supervisor Maben stated he is in favor of more action at Joint meetings. Supervisor McQuiston expressed appreciation for the City's hospitality and suggested the separate bodies address policy issues for Joint meetings. Councilmember Carson stated she valued the opportunity for the City and County to meet and thanked the Board members for attending. Councilmember Benham thanked City and County staffs for providing concise reports, made comments regarding the opening of the new airport terminal, thanked Council/Board members for approving Resolutions regarding the Thomas Roads Project and thanked Board of Supervisors members for attending the meeting. Councilmember Sullivan requested Supervisor Rubio's aid in establishing a skateboard park in Heritage Park. Council member Scrivner stated he was particularly pleased with the Council/Board addressing the GPA process and establishing a Task Force to assure responsible growth and planning. ACTION TAKEN Bakersfield, California, February 27, 2006 - Page 10 8. CLOSING COMMENTS BY BOARD MEMBERS AND CITY COUNCILMEMBERS continued ACTION TAKEN Vice-Mayor Maggard requested staffs present a plan for adoption at the next Joint meeting for updating the General Plan process; present for action a proposal regarding the relocation of Fire Station No. 65.; present for adoption a Resolution regarding the South Beltway and present for decision the solid waste transfer station and mandatory recycling within the city limits at a minimal cost to citizens. 9. CLOSING COMMENTS BY CHAIRMAN BARBARA PATRICK Chairman Patrick requested the issue of regulating body art be presented at the next Joint meeting. Chairman Patrick thanked Mayor Hall for conducting the meeting in such a concise an efficient manner. Chairman Patrick thanked the City for contributing to the new air terminal at Meadows Field and those Councilmembers in attendance at the grand opening of the air terminal earlier in the day. 10. CLOSING COMMENTS BY MAYOR HARVEY L. HALL Mayor Hall thanked the County Board of Supervisors for joining the City Council in making the meeting a productive one. 11. ADJOUNMENT Mayor Hall adjourned the meeting at 8:58 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield City of Bakersfield (Date),2002 Page 11 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 8, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Hanson, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS 4. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subsection (b)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Glenn Porter. DELETED c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subsection (b)(1 )(A) of Government Code Section 54956.9. (One case) d. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding City v H.W. Lakeshore Pines Joint Venture (Cross). City Clerk McCarthy announced item 4.b. has been deleted at the request of the City Attorney and item 4.d. has been deleted at the request of the City Attorney and the City Manager. DELETED Bakersfield, California, March 8, 2006 - Page 2 4. CLOSED SESSION continued Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:18 p.m. Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:27 p.m. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Reverend Don Burton, The World of Pentecost Church. 7. PLEDGE OF ALLEGIANCE by Baylee Corum, 1st Grade Student at Patriot Elementary School. Mayor Hall acknowledged students from Ridgeview High School, Stockdale High School and Bakersfield College in attendance at the meeting. 8. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subsection (b)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Glenn Porter. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subsection (b)(1)(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 City v H.W. Lakeshore Pines Joint Venture (Cross). b. c. d. ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION DELETED NO REPORTABLE ACTION DELETED Bakersfield, California, March 8, 2006 - Page 3 9. PRESENTATIONS a. Presentation by City Manager Alan Tandy of Special Recognition to Jim Foss, Executive Director of Rabobank Arena, Theater & Convention Center. Jim Foss, Executive Director of the Rabobank Arena, Theater & Convention Center accepted the presented plaque and made comments. b. Presentation by Mayor Hall of Proclamation to Richard Temple, Chief Executive Officer, Kern Chapter of American Red Cross, proclaiming March, 2006, as "American Red Cross Month". Richard Temple, Chief Executive Officer, Kern Chapter of American Red Cross, accepted the Proclamation and made comments. c Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 12-18, 2006, as "Adult Education Week". Susan D. Handy, Principal, Bakersfield Adult School, accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS a. Bruce Freeman, President of Castle and Cooke, spoke regarding the Federal Court House. b. Robert Brennan, Danny Owens and Jerry White spoke regarding a group home at 5809 Dorset Dr. Councilmember Couch requested staff explore options to assist residents in coexisting with the group home and suggest possible changes in State legislation governing group homes. Vice-Mayor Maggard requested staff draft a letter for signature by the Council of neighbors concerns regarding safety and quality of life issues caused by the group home located at 5809 Dorset Dr. 11. APPOINTMENTS None. ACTION TAKEN Bakersfield, California, March 8, 2006 - Page 4 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 22, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from February 10, 2006 to February 24, 2006 in the amount of $5,647,421.53 and self insurance payments from February 10, 2006 to February 24, 2006 in the amount of $290,461.90. Ordinances: c. First Reading of Ordinance amending Municipal Code Section 1.12.050 by adding Annexation No. 483, located south of Panama Lane, east and west of Old River Road, to Ward 5. d. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 16.71 acres; located north of State Highway 119 and west of State Highway 99. (ZC 05-0493) (Moreland Consulting representing East- West Developers LLC) First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map NO.1 04-07) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 40± acres and from A to R-2 (Limited Multiple Family Dwelling) on 20± acres. (ZC 05- 0725) (Porter-Robertson Engineering representing Kevin Pascoe et al) e. f. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map NO.1 03-24) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C- 2/PCD (Regional Commercial/Planned Commercial Development) on 15.9± acres generally located at the southwest corner of State Route 178 and Morning Drive. (File #05-1381) (Mcintosh & Associates representing Sterling Oaks East, LLC) ACTION TAKEN FR FR FR FR 12. Bakersfield, California, March 8, 2006 - Page 5 CONSENT CALENDAR continued g. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map NO.1 01-02) of the Municipal Code by changing the zoning from A (Agriculture) to E (Estate) on 98+ acres net/1 01 + acres gross located at the northeast corner of Snow Road and Jenkins Road. (ZC 05- 1685) (SmithTech/USA Inc. rêpresenting Brian Rice Construction) h. Adoption of Ordinance adding Chapter 13.10 to the Municipal Code to establish certain procedures respecting special tax districts. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 124-20) of the Municipal Code changing the zoning from A (Agricultural) to R-1 (One Family Dwelling) on 108.88 acres and from A to C-2 (Regional Commercial) on 1.56 acres generally located at the northeast corner of South Union Avenue and East Panama Lane. (Applicant: Marino/Associates) (File No. 05-1507) I. J. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 123-07) of the Municipal Code changing the zoning from R-1 (One Family Dwelling) to PUD (Planned Unit Development) on 7.27 acres generally located on the southeast corner of Ming Avenue and Grand Lakes. (Applicant: Mcintosh & Associates/Property Owner: Castle & Cooke) (File 05-1407) k. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 102-06) of the Municipal Code changing the zoning from A (Agriculture) to C-1 (Neighborhood Commercial) on 15.3± acres and from A to R-2 (Limited Multiple Family Dwelling) on 23.45± acres located at the southwest corner of 7'" Standard Road and Calloway Drive. (ZC 05-1165) (SmithTech USA, Inc. representing Michel & Margaret Echeverry) ACTION TAKEN FR ORD 4314 ORD 4315 ORD 4316 ORD 4317 12. Bakersfield, California, March 8, 2006 - Page 6 CONSENT CALENDAR continued I. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 104-07) of the Municipal Code changing the zoning from R-S-2.5A-HD (Rural Suburban 2.5 acres-Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 16.08± acres and R-S-2.5A (Rural Suburban 2.5 acres) to R-1 (One Family Dwelling) on 17.26± acres generally located north of Paladino Drive, east and west of the Morning Drive alignment. (ZC 05-0780) (DeWalt Corporation/Gitsusan Reddy, et ai/ Cascade Financial) Adoption of Ordinance amending Title 17 of the Municipal Code and amending Section 17.06.020 (Zone Map No. 104-19) from R-1 (One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Unit Development) on 574 acres generally bounded by State Highway 178 on the north, Morning Drive to the west, Vineland Road to the east and College Avenue to the south for purposes of developing single family residences. (ZC 05-1063) (Applicant: S & J Alfalfa Companies) Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-27 from A (Agriculture) to R-1 (One Family Dwelling) on 85.60 acres located at the northeast corner of McCutchen Road and Ashe Road. (GPAlZC 04-1344) (Maurice Etchechury representing Old River Land Company) m. n. o. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-01 from E (Estate) to R-1 (One Family Dwelling) on 21.11 acres, from E-1A (Estate 1 du/acre) to R-1 on 11.45 acres, from A (Agriculture) to R-S (Residential Suburban) on 19.69 acres, and from A to C-2 (Regional Commercial) on 4.39 acres located south of Taft Highway, between Hughes Lane and Wible Road. (GPAlZC 05-0425) (Marino Associates representing Hughes Partners, LLC, Joyce Anne Weingarden, Emma Sandrini, Robert C. Allan and Ada M. Allan Family Trust, John W. Weingarden, Nancy Jane Weingarden) ACTION TAKEN ORD 4318 ORD 4319 ORD 4320 ORD 4321 Bakersfield, California, March 8, 2006 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN p. Adoption of Ordinance approving a Negative ORD 4322 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-03 from R- S-20A (Residential Suburban-20 acre minimum) to R-1 (One Family Dwelling) on 31.2 acres located west of Stine Road and south of Taft Highway, east of Farmer's Canal. (GPAlZC 05-0426) (The Monarch Affiliates representing Paul Schallberger and Mike Kerfoot) q. Adoption of Ordinance approving a Negative ORD 4323 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to R-1 (One Family Dwelling) on 22.32 acres located at the southwest corner of East Berkshire Road and Madison Street. (GPAlZC 05- 0926) (Jerry L. Hendricks representing Charles L. Crowell) r. Adoption of Ordinance approving a Negative ORD 4324 Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 02-05 from A (Agriculture) to R-1 (One Family Dwelling) on 80 acres located north of Snow Road generally between Coffee Road and Calloway Drive, south of Etchart Road. (GPAlZC 05-0931) (SmithTech/USA, representing Oak Tree Development Co. Inc.) s. Adoption of Ordinance approving a Negative ORD 4325 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-28 from A (Agriculture) to R-1 (One Family Dwelling) on 52.56 acres and A to M-1 (Light Manufacturing) on 6.64 acres located north of McCutcheon Road and east of Gosford Road. (GPAlZC 05-0933) (SmithTech/USA, Inc. representing Pascoe Family Investments, LLC) t Adoption of Ordinance approving a Negative ORD 4326 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 19.3 acres located at the southeast corner of Etchart Road (future) and Jewetta Avenue (future). (GPAlZC 05-0936) (SmithTech/USA, Inc. representing Ralph B. Simons) Bakersfield, California, March 8, 2006 - Page 8 12. CONSENT CALENDAR continued Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 02-06 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 18.7 acres located on the east side of Jewetta Avenue (future) approximately 660 feet south of Etchart Drive (future). (GPNZC 05-0937) (SmithTech/USA, Inc. representing Martin Etcheverry) v. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on 80 acres located west of Gosford Road, generally between McCutchen Road and Taft Highway. (GPNZC 05-0938) (SmithTech/USA, Inc. representing Nelson Robert D. & Darin C. Revocable Trust u. w. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 104-20 from R- S-2.5A (Residential Suburban 2.5 acres minimum lot size) to R-1 (One Family Dwelling) on 40.24 acres located on the north side of Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest of the Kern Canyon Road/State Highway 178 intersection. (GPNZC 05-1437) (Porter-Robertson Engineering & Surveying representing Marion & Shirley Collins Family Limited Partnership) Adoption of Ordinance approving the appeal and Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124- 09 from A (Agriculture), R-S (Residential Suburban) and OS (Open Space) to R-1 (One Family Dwelling) on approximately 110 acres generally located at the southeast corner of Cottonwood Road and Cas a Lorna Drive. (GPNZC 05-0410) (Pinnacle Engineering representing Tim Denari of BVGG, LLC) x. ACTION TAKEN ORD 4327 ORD 4328 ORD 4329 REMOVED FOR SEPARATE CONSIDERA nON 12. Bakersfield, California, March 8, 2006 - Page 9 CONSENT CALENDAR continued y. Adoption of Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (One Family Dwelling) on 117.13 acres and from A to R-2 (Limited Multiple Family Dwelling) on 12.94 acres, and Zoning Map No. 142-03 from R-S- 20A (Residential Suburban, 20 acre minimum lot size) to R-2 on 56.59 acres located north and south of Taft Highway (State Route 119) between Ashe Road on the west and Mountain Ridge Road (future) on the east. (GPA/ZC 04-1746) (Centex Homes/Mcintosh & Associates representing Hershel & Clarissa Moore Living Trust) Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to M-1 (Light Manufacturing), M-2 (General Manufacturing) and E/PE (Estate One Family Dwelling/Petroleum Extraction Combining District) on approximately 140 acres located at the southeast corner of ¡th Standard Road and the planned Allen Road alignment (future). (GPA/ZC 05-0844) (Pacific Engineering representing M & S Land Company, LLC) z. Resolutions: aa. Resolution confirming the approval by Assistant City Manager of Chief Code Enforcement Officer's Report 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. bb. Resolution approving the submittal of an application to the California Integrated Waste Management Board for the Waste Tire Cleanup Grant ($76,416.00) for a one year period, 2006-07. cc. Resolution authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. ACTION TAKEN ORD 4331 ORD 4332 RES 059-06 RES 060-06 RES 061-06 Bakersfield, California, March 8, 2006 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN dd. Resolutions of Application proposing proceedings for annexation of territory to the City property identified as: 1. Annexation No. 500 consisting of 80.65 acres of uninhabited land located south of Panama Lane, west of Old River Road. Annexation No. 508 consisting of 43.39 acres of uninhabited land located at the southeast corner of McCutchen Road and Ashe Road. RES 062-06 2. RES 063-06 ee. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 468 located generally north and south of McCutchen Road, east and west of Progress Road. RES 064-06 ff. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 501 located generally north of Snow Road, west of Friant-Kern Canal, east of Allen Road. RES 065-06 gg. Reclassification, changes to salary schedule, title change and revised job specification: 1. Reclassification of Accounting Clerk II (Wastewater Division) position t'o Revenue Program Aide position. 2. Amendment NO.1 to Resolution No. 049-06 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Trades Maintenance Worker. RES 049-06(1) 3. Revised Job Specification for Maintenance Craftworker I. 4. Title Change and Revised Job Specification for Trades Assistant to Trades Maintenance Worker. Bakersfield, California, March 8, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN hh. Amendment No. 18 to Resolution No. 122-01 RES 122-01(18) approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units; and, adopting salary schedule and related benefits for Economic Development Director. Resolution adding territory, Area 4-45 RES 066-06 II. (Valley/Paladino NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-46 (Kern RES 067-06 Canyon/Chase N) 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. kk. Resolution adding territory, Area 5-21 (South RES 068-06 H/Hosking SE 2) 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. II. Resolution adding territory, Area 5-22 RES 069-06 (CottonwoodlWatts 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. mm. Resolution adding territory, Area 5-23 (S RES 070-06 Union/Hosking 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. nn. Resolution of Intention No. 1403 to add territory, ROI 1403 Area 3-40 (Berkshire/99 W) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Bakersfield, California, March 8, 2006 - Page 12 12. CONSENT CALENDAR continued 00. Resolution of Intention No. 1437 to add territory, Area 3-46 (Panama/Mountain Ridge SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. pp. Resolution of Intention No. 1438 to add territory, Area 4-49 (Donaldo/Casa Club SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. qq Resolution of Intention No. 1439 to add territory, Area 4-50 (3'dN NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. rr. Resolution of Intention No. 1440 to add territory, Area 4-51 (Valley/Paladino NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ss. Resolution of Intention No. 1435 to establish Traffic Signal Maintenance District TS-13 (Panama and Stine Shopping Center) preliminarily adopting, confirming and approving Public Works Director's Report. tt. Resolution of Intention No. 1441 to add territory, Area 1-65 (Real/Chester NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: uu. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreement with McMillan Albany, LLC for Tract 6169 Unit 3 located west of Progress Road and north of Panama Lane. 2. Final Map and Improvement Agreement with Bakersfield Panorama, LP for Tract 6193 Phase 2 located east of Kern Canyon Road and south of Mesa Marin Drive. ACTION TAKEN RO/1437 RO/1438 RO/1439 RO/1440 RO/1435 RO/1441 AGR 06-061 Bakersfield, California, March 8, 2006 - Page 13 12. CONSENT CALENDAR continued ACTION TAKEN vv. Storm Drain Improvements on 38th Street between Q Street and San Dimas Street: 1. Reimbursement Agreement with Columbo AGR 06-064 Construction (not to exceed $80,000.00) for project. 2. Appropriate $80,000.00 Sewer Enterprise Fund balance to the Capital Improvement Budget (Wastewater Treatment Plant #2) ww. Agreement with Cenval L.P. ($1,033,000.00) to AGR 06-065 purchase real property located north of DEED 6386 Stockdale Highway and east of Rider Road (extended) for the Westside Parkway. yy. Subordination Agreement/Consent to Grant of AGR 06-066 Easement/Common Use Agreement with Kern Delta Water District for canal crossing of Panama Lane between Buena Vista Road and Allen Road. ZZ. Amendment NO.1 to Agreement No. 05-065 with AGR 05-065(1) San Joaquin Fence and Supply ($150,000.00, revised not to exceed $300,000.00 and extending term for one (1) year) for fencing. aaa. Amendment NO.1 to Agreement No. 01-346 with AGR 01-346(1) AmeriPride Uniform Services (extending term for six (6) months) for uniform services. bbb. Amendment NO.2 to Agreement No. 04-136 with AGR 04-136(2) Kern Turf Supply ($35,000.00 for a revised not to exceed $165,000.00) for irrigation parts and supplies. ccc. Amendment No. 1 to Agreement No. 06-048 with AGR 06-048(1) McKee Electric ($40,500.00 for a revised not to exceed $80,100.00) for voice and date wiring for the fourth floor of the Borton Petrini Building. (Thomas Roads) Bids: ddd. Accept bid and award contract to Griffith Company AGR 06-067 ($1,922,739.00) to construct Streetscape Improvements on Chester Avenue from 24th Street to Garces Circle. Bakersfield, California, March 8, 2006 - Page 14 12. CONSENT CALENDAR continued eee. Accept bid from California Electric Supply ($173,686.76) for decorative street lamps for the Chester Avenue Streetscape project. fff. Construction of Parking Garage Gate Automation located at 1600 18th Street: 1. Accept bid and award contract to DMC Diagnostics and Engineering, Inc. ($88,400.00) for project. 2. Appropriate $95,000.00 Offstreet Parking Fund balance to the Capital Improvement Budget. ggg. Accept bid to award contract to Loop Electric Inc. ($153,457.75) for the installation of conduiUwire for streetlights on 18th and 19th Streets from Union Avenue to Baker Street. hhh. Accept bid from Quinn Company ($208,217.29) for one (1) additional articulated four-wheel drive loader. iii. Accept bid from Garvey Equipment ($35,172.63) for one (1) additional brush chipper. jjj. Accept bid from Jim Burke Ford ($230,285.75) for two (2) additional aerial lift trucks. kkk Accept bid from South Kern Machinery ($43,715.76) for one (1) additional rotary mower for the Recreation and Parks Department. Miscellaneous: III. Appropriate $131,000.00 from available fund balance from the Old Town Kern-Pioneer Project Area Operating Fund to the Redevelopment Capital Improvement Budget for property acquisition - 1006 and 1014 Baker Street - Baker Street Village. mmm. Appropriate $325,258.00 Southeast Project Area Housing Funds to the Capital Improvement Budget for the acquisition of eleven tax default properties located in the Southeast Redevelopment Project Area. --_.._--_._--~--- ACTION TAKEN AGR 06-068 AGR 06-069 NS MAGGARD REMOVED FOR SEPARATE CONSIDERA TION Bakersfield, California, March 8, 2006 - Page 15 12. CONSENT CALENDAR continued nnn. Report from the Planning Commission regarding request for direction on increased public noticing for development projects requiring hearings. City Clerk McCarthy announced item 12.cc. should read: "Pursuant to revenue taxation code section 7056". Motion by Vice-Mayor Maggard to remove items 12.a. through 12.nnn. with the removal of item 12.x. and 12.mmm. for separate consideration and correction to item 12.c. x. Adoption of Ordinance approving the appeal and Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124- 09 from A (Agriculture), R-S (Residential Suburban) and OS (Open Space) to R-1 (One Family Dwelling) on approximately 110 acres generally located at the southeast corner of Cottonwood Road and Casa Loma Drive. (GPAlZC 05-0410) (Pinnacle Engineering representing Tim Denari of BVGG, LLC) Motion by Councilmember Carson to approve item 12.x. mmm. Appropriate $325,258.00 Southeast Project Area Housing Funds to the Capital Improvement Budget for the acquisition of eleven tax default properties located in the Southeast Redevelopment Project Area. Motion by Councilmember Carson to approve item 12.mmm. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of 20 foot wide alley between Eye Street and Chester Avenue, from 27th Street to 28th Street. b. Public Hearing to consider Resolution ordering the vacation of 22"d Street between V Street and Golden State Highway. ACTION TAKEN APPROVED NS MAGGARD ITEM 12.111. ORD 4330 APPROVED APPROVED RES 071-06 REMOVED FOR SEPARATE CONSIDERA TlON Bakersfield, California, March 8, 2006 - Page 16 12. CONSENT CALENDAR continued c. Public Hearing to consider Resolution approving a Negative Declaration and application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 481 consisting of 98.6 net acres located south of Panama Lane to Berkshire Road generally east of South Union Avenue. Hearings opened at 7:41 p.m. At the request of Inocnsio Madera Item 13.b. was removed for consideration after item 14b. Hearings closed at 7:45 p.m. Motion by Vice-Maggard to approved items 13.a. and 13.c. 14. HEARINGS a. Public Hearing to consider appeal by Porter- Robertson Engineering, representing A & E Union, of Planning Commission's decision denying approval of Vesting Tentative Tract 6433. (Applicant/Appellant: Porter-Robertson Engineering) 1. Resolution overturning the decision of the Planning Commission, approving the appeal, adopting the Negative Declaration and approving Vesting Tentative Tract 6433 generally located on the north and south sides of Casa Club Drive within the Rio Bravo Country Club area. ACTION TAKEN RES 072-06 APPROVED RES 073-06 Bakersfield, California, March 8, 2006 - Page 17 14. HEARINGS continued Planning Director Movius made staff comments, presented visuals and read the following conditions into the record: · A & E shall initiate and pay all fees and costs for a general plan amendment and a zone change (A & E proposes June or September, 2006 schedule) to designate as Open Space both the Rio Bravo Country Club Golf Course and the property on which the Hacienda Reservoir is located (the "Designated Properties"). If the change to Open Space is not approved or is subject to conditions that are not acceptable to A & E, or suit is filed to stop approval, processing, or development of Tentative Tract 6433 or the proposed change of land use designation for the Designated Properties to Open Space, or A & E determines it is or will be unable to develop Tentative Tract 6433, A & E may withdraw any application to change the landuse designation for the Designated Property. · The final map for Tract 6433 may not be recorded and construction of the 22 lots proposed by Tentative Tract Map 6433 may not begin until the Designated Properties are re-zoned to Open Space as described in paragraph one. However, A & E may take all action necessary to process and prepare for approval and recording a final map for Tract 6433 including submitting plans to the City of Bakersfield for plan check and approval. · Prior to recordation of Tract Map 6433, A & E shall complete golf course modifications to Hole NO.9 so that play is not disrupted. Development of the lots will incorporate an undeveloped area into the golf course and move the 9th hole tee boxes slightly away from Casa Club Drive and incorporate a portion of the golf course into the development.) ACTION TAKEN Bakersfield, California, March 8, 2006 - Page 18 14. HEARINGS continued . A & E will incorporate a common landscape theme into the requirements for the construction of homes I Tract 6433 along the approximate ten foot frontage of the lots that will convey the impression of an entrance to the Rio Bravo Golf Course. The landscape requirement will be determined by A & E in consultation with its consultants and designers and will not be subject to approval by any third party. Hearing opened at 7:52 p.m. Jim Worth, McMurtery, Hartsock and Worth, on behalf of all eight of the Homeowners Associations within the Rio Bravo Country Club, and Richard Monje, on Behalf of A & E, spoke in support of the staff recommendation. Hearing closed at 7:57 p.m. Vice-Mayor Maggard reiterated the conditions read into the record by Planning Director Movius must be met. Motion by Vice-Mayor Maggard to approve the Resolution overturning the decision of the Planning Commission, approving the appeal, approving the Negative Declaration and approving Vesting Tentative Tract 6433 with conditions read into the record by Planning Director Movius. b. Public Hearing to consider Fireworks Regulations, Fireworks Fees, Recreation & Parks Fees: 1. Adoption of Ordinance amending Chapter 8.44 of the Municipal Code relating to fireworks. 2. Adoption of Ordinance amending Sections 15.64.036,15.64.350 and 15.64.480 of the Municipal Code relating to miscellaneous regulations of the Uniform Fire Code. 3. Resolution adopting fees pursuant to the cost recovery program. (Fireworks booth inspection fees and Recreation & Parks fees) ACTION TAKEN APPROVED ORD 4333 ORD 4334 RES 074-06 _.._---~,_. <-----.----..-..".,.-.-..--------".-. -....- Bakersfield, California, March 8, 2006 - Page 19 14. HEARINGS continued Item 14.b. continued ACTION TAKEN Hearing opened at 8:12 p.m. Loreda Clevenger spoke in opposition to the staff recommendation. Hearing closed at 8: 15 p.m. Vice-Mayor Maggard requested staff provide a report to the Budget and Finance Committee after July ¡fh, with an accounting of the fees collected, how they were used, enforcement actions and fines resulting from enforcement actions. Motion by Councilmember Scrivner to adopt the Ordinances and Resolution with the proposed changes included. APPROVED ~œ~~~n~m~np.m.~~TI~m. c. Public Hearing to consider Resolution ordering the vacation of 22"d Street between V Street and Golden State Highway. RES 075-06 Mayor Hall announced testimony would be taken for the item previously opened at 7:41 p.m. and continued to the present time Inocnsio Madera, Jose Morales and Viviente Vialpando spoke in opposition to the staff recommendation. Don Banks and Richard Compton spoke in favor of the staff recommendation. Inocnsio Madera spoke in rebuttal opposition to the staff recommendation. Don Banks spoke in rebuttal support of the staff recommendation. Hearing closed at 8:49 p.m. Motion by Councilmember Benham to approve the Resolution. APPROVED 15. REPORTS None. --, ---.,. ,-^.,...~----_._- -----,_.._..--.,..._~---,~'..- .,.^.._--..._---_._._..,,,.,--_._---_._,-_...._-_._~---..----- Bakersfield, California, March 8, 2006 - Page 20 16. DEFERRED BUSINESS None. 17. NEW BUSINESS a. Emergency Pump Station Construction at Wastewater Treatment Plant NO.3: Resolution dispensing with bidding procedures for construction of a permanent pump station for Wastewater Treatment Plant NO.3 due to imminent threat to public health, safety and welfare, not to exceed $8,000,000.00. 2. Appropriate $5,000,000.00 Sewer Fund balance and appropriate and transfer $3,000,000.00 additional sewer connection fee revenues to the Capital Improvement budget within the Sewer Enterprise Fund. 1. Assistant Public Works Director Jacque LaRochelle made staff comments and gave a computer overview. Vice-Mayor Maggard requested staff explore all options of non-traditional ways, as well as design build, to secure construction contracts and the feasibility of dispensing with traditional bidding procedures and bring back a report to the Budget and Finance Committee. Motion by Councilmember Sullivan to adopt the Resolution and appropriate funds. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Scrivner requested staff respond to Mr. Evensen regarding a recurring problem with a dump truck parking on the south side of Harris Road and provided contact information. Councilmember Benham requested staff abate graffiti on the bike path underpass under Hwy. 99 next to Beach Park. Councilmember Benham requested staff review the feasibility of increasing Code Enforcement staffing during the present budget process. ACTION TAKEN RES 076-06 APPROVED Bakersfield, California, March 8, 2006 - Page 21 18. MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham announced the California Partnership for the San Joaquin Valley will hold their initial meeting tomorrow in Bakersfield at 9:30 a.m. at the University Square Building at 21't and K Streets and public participation is invited. Council member Benham congratulated Police Sergeant Joe Grubb who has been awarded the 2005-2006 California State Juvenile Officers Service Award for his exemplary contribution in the area of delinquency prevention. Councilmember Hanson requested staff respond to an email regarding a youth softball facility. Councilmember Hanson requested staff contact Mr. Pelz concerns regarding shopping carts and provided contact information. Councilmember Hanson made comments regarding hockey. Councilmember Sullivan expressed support for increasing Code Enforcement staff; suggested staffing be increased by at least four more staff and a supervisor and Code Enforcement be reimbursed if they handle an issue for another department. Councilmember Sullivan announced she will be absent at the March 22 meeting. Council member Sullivan requested the declaration she signed denying knowledge of negative ads against other Councilmembers at the last meeting be returned to her. Councilmember Couch requested information regarding the Valley Water Alliance. City Manager Tandy responded. Councilmember Couch agreed to return signed declarations to Councilmembers Sullivan and Carson. Vice-Mayor Maggard requested Chief Rector introduce the officer who translated during the meeting. Chief Rector introduced Officer Herrera. Vice-Mayor Maggard requested staff address the serious graffiti problem at Siemon Park and provided _._-- . -'._-._._>...~..--.."...-.---~ ACTION TAKEN Bakersfield, California, March 8, 2006 - Page 22 photographs. 18. MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Maggard requested staff support citizens working to alleviate graffiti. Vice-Mayor Maggard requested staff respond to a prior request to provide information regarding graffiti abatement sweeps. Vice-Mayor Maggard requested an update regarding staffing in Planning and Public Works. Vice-Mayor Maggard requested staff contact Mr. Brennan regarding the group home in question and initiate proceedings with the State as soon as possible. Vice-Mayor Maggard made comments regarding rezoning at the Rio Bravo Golf Course. Vice-Mayor Maggard requested the Mayor adjoum the meeting in memory of Army Specialist Clay Farr and Marine Corporal Adam Zanutto killed in the line of duty in Iraq. Councilmember Carson requested information regarding development fees. City Manager Tandy responded. Councilmember Carson made comments regarding graffiti. Councilmember Carson requested staff explore uses of vacant space at Martin Luther King Jr. Park and report back to Council. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 9:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN