HomeMy WebLinkAbout06/21/06_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
JUNE 21, 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 /fem(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. (Three cases)
c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding John M. Tarabino, et al v City.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Mike Popovich, Olive Drive Church.
7. PLEDGE OF ALLEGIANCE by Payton Brandon, 3rd Grade Student at Rio Bravo Elementary School.
B. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dianne Hoover, City Recreation and Parks
Director, proclaiming July, 2006, as "Recreation and Parks Month".
b. Presentation by Mayor Hall of Retirement Plaque and gift certificate to Elijah G. Smith, Jr.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 5, 2006 Budget Meeting and June 7, 2006, Regular City
Council Meeting.
Payments:
b. Approval of department payments from May 26, 2006 to June 8, 2006 in the amount of
$8,291,305.87 and self insurance payments from May 26, 2006 to June 8, 2006 in the
amount of $168,419.45.
Ordinances:
c. Adoption of Ordinances (FR 06107/06):
1. Amending Sections 8.80.060, 8.80.080, 8.80.090, 8.80.100, 8.80.110, and deleting
Section 8.80.120 of the Municipal Code relating to nuisance abatement.
2. Amending Sections 15.04.120, 15.20.010, 15.24.010 and 15.24.020 of the
Municipal Code relating to building and construction issues.
..'-----'--.,---.-
(Ward 2)
12. CONSENT CALENDAR continued
(Ward 6)
(Ward 6)
(Ward 6)
(Ward 1)
(Ward 1)
(Ward 7)'
(Ward 7)
(Ward 3)
~ - upon annexation
d.
e.
f.
g.
h.
i.
j.
k.
I.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-29 from C-2 (Regional Commercial) to PCD
(Planned Commercial Development) on 6.61 acres comprised of the block bounded by Baker
Street, Lake Street, King Street and Kentucky Street, and a portion of the block bounded by
Baker Street, Lake Street, Kern Street and Kentucky Street. (GPA/ZC 05-1930) (Quad
Knopf representing the Bakersfield Redevelopment Agency) (FR OS/24/06)
Adoption of Ordinance approving the Negative 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 approximately 100 acres located at the northeast corner of Gosford Road and
McCutchen Road. (GPA/ZC 05-0423) (SmithTechIUSA, Inc. representing Pascoe Family
Investments, LLC). (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-22 from C-2 (Regional Commercial) to R-2/PUD
(Limited Multiple Family Dwelling Zone/Planned Unit Development Zone) on 9.88 acres
located at the northeast corner of Panama Lane and Ashe Road. (GPA/ZC 05-1445)
(Mcintosh & Associates representing Castle & Cooke California, Inc.) (FR OS/24/06)
Adoption of Ordinance approving the 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 70 acres and A to C-2 (Regional Commercial) on 10 acres located at the
northwest corner of Taft Highway and Gosford Road. (GPA/ZC 05-1452) (SmithTech/USA,
Inc. representing OMAX, LLC) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-16 from M-3 (Heavy Industrial) to R-2 (Limited
Multiple Family Dwelling) on approximately 20 acres located at the southeast corner of
Cottonwood Road and East White Lane (future). (GPA/ZC 05-0599) (Pinnacle Engineering,
representing Jim and Cindy Edwards) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No.1 03-31 from C-2 (Regional Commercial) to R-2 (Limited
Multiple Family Dwelling) on 2.28 acres located at the northeast corner of V Street and 3rd
Street. (GPA/ZC 05-1021) (Michael Dhanens Architect representing Tammy Nguyen and
California Water Service Company) (FR OS/24/06)
Adoption of Ordinance approving the Negative 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 approximately 25 acres located north of Hosking Road between Union Avenue
and Cottonwood Road. (GPA/ZC 05-1280) (Jerry Hendricks representing Helen and Waldo
Jones) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to C-2
(Regional Commercial) on 5.5 acres located on the south side of Panama Lane between
Wible Road and Windflower Avenue. (GPA/ZC 05-1442) (Marino/Associates representing
Arredondo Ventures, Inc.) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No.1 03-24 from R-1 (One Family Dwelling) to R-2 (Limited
Multiple Family Dwelling) on 4.60 acres located on the west side of Morning Drive
approximately 1,000 feet south of State Route 178. (GPA/ZC 05-1361) (Mcintosh &
Associates representing Sterling Oaks Investments, LLC) (FR OS/24/06)
_. _._. "--- -~----'-'-'--
2
(Ward 4)'
12. CONSENT CALENDAR continued
m.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 102-04 and 102-05 from A (Agriculture) to E (Estate
Residential) on 39.41 acres and A to R-2/PUD (Limited Multiple Family Dwelling/Planned
Unit Development) on 7.73 acres and A (Agriculture) to R-1 (One Family Dwelling) on 35.87
acres located on the north and south of Etchart Road and on the west side of the Beardsley
Canal. (GPA/ZC 05-1451) (SmithTech/USA, Inc. representing Bear Mountain Development,
Inc.) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-29 from A (Agriculture) to R-1 (One Family
Dwelling) on approximately 51 acres located between Calloway Drive and EI Toro Viejo
Road, immediately north of the Burlington Northern Santa Fe (BNSF) Railway. (GPA/ZC 05-
1448) (James C. Lundy representing the Thropp Jackson Trust) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family
Dwelling) on approximately 80 acres located at the northeast corner of Pensinger Road and
South Allen Road. (GPA/ZC 05-1257) (Marino/Associates, representing Harold Johnson,
Patricia Schreiver, Michael Lorenzi and Susan Piper by Ted Piper) (FR OS/24106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 104-15 from A (Agriculture) to R-1 (One Family
Dwelling) on 74.71 acres located on the west side of Miramonte Drive, approximately ¥.! mile
south of State Highway 178. (General Plan Amendment/Zone Change 05-1343) (Porter-
Robertson Engineering, representing Stockdale Oil & Gas, Inc.) (FR OS/24/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family
Dwelling) on approximately 66.25 acres located on the south side of Seventh Standard Road
east of Calloway Canal. (GPA/ZC 05-1450) (SmithTech USA, Inc. representing Michel &
Margaret Ann Etcheverry Family Limited Partnership) (FR 06107/06)
Resolutions:
(Ward 4)'
(Ward 5)
(Ward 3)'
(Ward 4)
q.
n.
o.
p.
r. Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to Government Code Sections 34090, et seq -
Finance Department.
Resolution adding territory, Area 4-55 (Barbera, Chardonnay 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 approving Vantagecare Retirement Health Savings Program for employees of the
Bakersfield Police Officers Association Employee Group.
u. New job specification, change to salary schedule and reclassification:
(Ward 3)
s.
t.
(Ward 2)
v.
~ - upon annexation
1. Amendment NO.4 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 Human Resources Analyst II.
2. New job specification for Human Resources Analyst II position.
3. Reclassification of 1 (one) Human Resources Analyst I position to Human Resources
Analyst II position.
Resolution of Intention No. 1460 to add territory, Area 4-58 (16th, Myrtle SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
3
. _··_·_._.__.u _'_"_""_"__'_~'_'_"_ '__._~_.._..
(Ward 5,6)'
12. CONSENT CALENDAR continued
w.
McAllister Ranch Planned Sewer Area:
1. Resolution adopting McAllister Ranch Planned Sewer Area and making findings
thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code
relating to sewer facilities. (FR OS/24/06)
(Ward 4)'
(Ward 3,5)
(Ward 1)
(Ward 2)
cc.
(Ward 3)
dd.
ee.
(Ward 4.5)
ff.
. - upon annexation
Agreements:
Preliminary formation of the McAllister Ranch Community Facilities District:
1. Deposit and Reimbursement Agreement with SunCal McAllister Ranch LLC to fund
costs of formation for the proposed District.
2. Appropriate $100,000 developer advances to the Community Facility District Fund
Non Departmental Operating Budget for consultant and legal services.
3. Agreement with Fieldman Rolapp & Associates to provide City with financial advisor
services related to formation of the District.
4. Agreement with Orrick Herrington & Sutcliffe LLP to provide bond counsel services
related to formation of the District.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with McMillan Albany, LLC for Tract 6307
located on the corner of Albany Gate Drive and Panama Lane.
2. Final Map and Improvement Agreements with Barcelona, LLC for Tract 6446 Phases
1 & 2 located north of Paladino Drive and east of Valley Lane.
Agreement with Raymundo Engineering Company, Inc. ($176,963.00) for design of Liquid
Natural Gas Fueling Station Facility on Mt. Vernon Avenue across from Green Waste facility.
aa. Agreement with Clifford & Brown ($200,000.00 FY06/07 & $225,000.00 FY07/08) for outside
legal services.
x.
y.
z.
bb. Agreement with Marderosian, Runyon, et al ($750,000.00 FY06/07 & $750,000.00 FY07/08)
for outside legal services.
Agreement with Housing Authority of County of Kern ($1,500,000.00 HOME Investment
Partnership funds) to construct 60 units of affordable senior apartments at 24th and R
Streets.
Agreement with Columbus Avenue Housing Partners, L.P. ($500,000.00 HOME Investment
Partnership Community Housing Development Organization (CHDO) funds) to construct 50
affordable family apartments at 500 West Columbus Street.
Agreement with County of Kern and City of Shafter ($9,000,000.00) to fund the 7'h Standard
Road/State Route 99IUnion Pacific Railroad Separation of Grade Project.
General Plan Amendment/Zone Change No. 06-0462 (D.R. Horton, Los Angeles Holding
Company, Inc.) generally located east of Interstate 5, south of Taft Highway and west of
Renfro Road.
1. Agreement with D.R. Horton, LA Holding Co., Inc. ($406,747.00) for the preparation
of Environmental Impact Report (EIR) and appropriate $305,060 (developer's
contribution) to Development Services Operating Budget in the General Fund.
2. Agreement with Impact Sciences, Inc. ($305,060.00) to prepare an EIR for GPA/ZC
No. 06-0462.
4
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 7)
(Ward 7)
(Ward 4)
(Ward 3)
(Ward 1)
Agreement with San Joaquin Valley Strategic Business Unit of Chevron USA for operation of
City facilities located in the Kern River Field
hh. Amendment NO.4 to Agreement No. 01-018 with AmeriNational Community Services, Inc.
($34,000.00 total not to exceed $119,000.00) to extend the term for two years and add
specific language for the City's down payment assistance programs.
gg.
ii. Amendment No. 1 to Agreement No. 05-413 with Stuart Thomas Inc. ($166,781.40 total not
to exceed $730,693.68) to revise the scope of work to include the reconstruction of the
intersection at South H Street and Hosking Road.
jj. Amendment NO.1 to Agreement No. 02-114 with Manbir Singh, M.D. and Taran Singh
($1,845.50 per month) for leased space at 3945 Hughes Lane #D.
kk. Amendment No.1 to Agreement No. 05-238 with Tri-State Auction Systems (extend term
twelve (12) months) for auctioneer services for surplus City personal property.
II. Amendment NO.1 to Agreement No. 05-239 with C.H.P. Enterprise, Inc. dba Ken Porter
Auctions (extend term twelve (12) months) for auctioneer services for surplus City personal
property.
mm. Amendment NO.1 to Agreement No. 05-378 with Castle & Cooke California, Inc.
($263,556.00; total not to exceed $1,363,556.00) to revise the scope of work to include the
design and reconstruction of an additional portion of Stockdale Highway that sits between
the Kern River Bridge and the Cross Valley Canal.
Reject all bids for traffic signal and lighting systems installation at the intersection of
Columbus Street at University Avenue and Columbus Street at Wenatchee Avenue.
Reject bid for four (4) packer bodies with automated side arms.
Accept bid from Quinn Company ($183,888.00) for one (1) replacement diesel-powered
motor grader.
qq. Accept bid from Century Industries ($130,691.00) for four (4) mobile bleachers.
Bids:
nn.
00.
pp.
rr. Accept bid and award annual contract to Kay Automotive (not to exceed $55,000.00) for
automotive batteries.
ss.
tt.
(Ward 2,3.6) uu.
(Ward 2) W.
(Wards 2,4) WW.
(Ward 4)
xx.
. - upon annexation
Accept bid and award annual contract to Kern Turf Supply, Inc. (not to exceed $210,000.00)
for irrigation parts and supplies.
Accept bid and award annual contract to Argo Chemical, Inc. (not to exceed $107,000.00) for
pool chemicals.
Accept bid and award contract to Contra Costa Electric ($215,487.00) for installation of
emergency standby generators for Fire Stations 2, 10 & 13.
Accept bid and award contract to Champion Hardware, Inc. ($59,500.00) for installation of
doors at the Convention Center.
Accept base bid and additive alternate to award contract to KX2 Holdings, Inc. LLC dba
Climatec Building Techologies Group ($124,191.60) for construction of security and access
control system at Police Department Facilities.
Accept bid and award contract to Bakersfield Well and Pump Company ($749,135.00) for
two domestic water well block pump houses; CBK L-212 located at 5108 Trinidad Lake Way
and CBK-45 located at 1500 Jenkins Road.
5
. ...--..-..-- _. --'--"-"'" ...--.-.---.----,----------
12. CONSENT CALENDAR continued
(Ward 7)
yy.
Traffic signal and lighting system installation at the intersection of Monitor Street and
Berkshire Road:
1. Accept bid and award contract to TES Electrical Contractors, Inc. ($108,700.00) for
the project.
2. Appropriate $10,000.00 additional traffic impact fee revenue to the Capital
Improvement Budget within the Transportation Development Fund.
Miscellaneous:
zz. Appropriate $300,000 additional refuse service revenue to the Public Works Department
Operating Budget within the Refuse Fund for increased costs associated with service for new
development.
aaa. Appropriate $75,605 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance
Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget.
bbb. Reclassification of Revenue Program Aide to Accountant I position (PW-Administration).
Staff recommends adoption of Consent Calendar items a through bbb.
13. CONSENT CALENDAR HEARINGS
(Ward 3)
(Ward 7)
(Ward 7)
(Ward 5,6)'
a.
Public Hearing to consider a Resolution ordering the vacation of the superceded right of way
dedication located southwesterly of the intersection of Sillect Avenue and Arrow Street.
(Staff recommends adoption of resolution.)
Public Hearing to consider a Resolution ordering the vacation of the northern 15 feet of right
of way along Berkshire Road between Granite Hills Street and Shallow Cove Way, also the
temporary access, turnaround, and slope easement located northwest of the intersection of
Berkshire Road and Granite Hills Street. (Staff recommends adoption of resolution.)
Zone Change No. 05-1455; Lynx Realty & Management, representing William & Geraldine
Skaggs (property owner) has applied for a zone change on approximately 5 acres located at
the northeast corner of Stine and Berkshire Roads. (Staff recommends give first reading
to ordinance.)
1 . First Reading of Ordinance approving a Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 123-26 from R-1 (One-Family Dwelling) to
PUD (Planned Unit Development) on approximately 5 acres.
Zone Change No. 06-0321; Mcintosh & Associates, representing SunCal Companies
(property owner) has applied for a zone change on approximately 2,080 acres located on the
north side of Panama Lane between S. Allen Road and Nord Avenue. (McAllister Ranch)
(Staff recommends give first reading to ordinance.)
1. First Reading of Ordinance approving Notice of Exemption and amending Section
17.06.020 (Zone Map Nos. 122-16, 21, 22 & 23) of the Municipal Code by changing
the zoning from A-20A (Agriculture 20 Acre Minimum Lot Size) to E (Estate-One
Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2
PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 303.21 acres;
to R-3 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 159.67
acres; C-1 PCD (Neighborhood Commercial-Planned Commercial Development) on
118.30 acres; C-C PCD PE (Commercial Centers-Planned Commercial Development
& Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on
37.61 acres.
b.
c.
d.
6
14. HEARINGS
(Ward 3)
a.
Public Hearing to consider appeal by A & E Union of the Planning Commission's decision
approving Tentative Tract 6736, located in the Rio Bravo Country Club community, east of
Miramonte, south of Casa Club Drive. (Applicant/Subdivider: Andrew Fuller)
1. Resolution upholding and modifying the decision of the Planning Commission
approving Tentative Tract 6736 located in the Rio Bravo Community, east of
Miramonte, south of Casa Club Drive and denying the appeal by A & E Union, Inc.
Staff recommends approval of resolution and deny the appeal.
15. REPORTS
a. Resolution adopting Council Policy regarding Councilmember reimbursement for expenses
(AB 1234).
Legislative & Litigation Committee recommends adoption of resolution.
16. DEFERRED BUSINESS
a. Fiscal Year 2006-07 Budget:
1. Resolution approving and adopting the Operating and Capital Improvement Budget
for the City.
2. Resolution approving and adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution establishing the Appropriations Limit for the City.
Staff recommends adoption of resolutions.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
,.,.
¿~
..¡r~ ¡1 (
(¿
Alan Tandy
City Manager
6I15/0610:15am
7
AGENDA HIGHLIGHTS
JUNE 21, 2006 COUNCIL MEETING
CLOSED SESSION
There will be a conference with the labor negotiator and a conference with legal counsel regarding three
cases of potential litigation and one case of existing litigation.
CONSENT CALENDAR
Resolutions
Item 12t. Resolution Approvina Vantaaecare Retirement Health Savinas Proaram for Emplovees of the
Bakersfield Police Officers Association Employee Group. Retiree health savings plans have already been
implemented for the Blue/White, Management, and General Supervisory units. This plan for the Police
Officers Association is the same as that for the Management and General Supervisory units, in that it does
not have a mandatory contribution.
Item 12w. McAllister Ranch Planned Sewer Area. This item was originally brought before Council at the
May 24, 2006 meeting. At that time, the boundaries of the Planned Sewer Area (PSA) were approved by a
resolution of intention, and the ordinance was given first reading. This resolution adopts the McAllister
Ranch PSA, and the ordinance adds the PSA to the list of Sewer Areas for which developers and residents
are charged at time of development or connection to pay the cost of constructing the sewer facilities.
Aareements
Item 12x. Aareements and Related Actions Associated with the Preliminarv Formation of the McAllister
Ranch Communitv Facilities District. Council is not being asked to approve the formation of the District at
this time, as the annexation of the property has yet to be approved. The pre-annexation agreement with
SunCal Corporation includes a commitment by the City to provide a mechanism for financing public facilities
and/or services commonly known as Community Facilities District (CFD), also known as Mello-Roos
Financing.
The City does not have expertise in formation of CFD's. However, the City has agreed to pursue formation
actions and the developer has agreed to fund all related costs. These agreements provide the mechanism
to hire specialists and begin the process. The agreements with the Financial Advisor and Bond Counsel
are structured to assist with both initial formation of the District and subsequent issuance of one or more
series of bond financings. Future costs of bond issuance for both experts are contingent upon the size of
the particular bond financing and the relevant timing of when those bond issues actually occur.
Item 12cc. Aareement with the Housina Authority of the County of Kern (HACK) for $1.500.000 HOME
Investment Partnership Funds to Construct 60 Units of Affordable Senior Apartments at 24th and R Streets.
The proposed project is located in the Old Town Kern-Pioneer Redevelopment Project Area. The units
would all be rented to persons at or below 60% of the area median income. HACK is forming a Limited
Partnership with Golden Empire Affordable Housing Inc. - II ("GEAHI-II") to obtain tax credits for the bulk of
the financing for the project. The HOME funds are available from FY 03-04, FY 04-05 and FY 05-06
entitlements, and would be a loan to HACK at 3% interest and paid back to the City out of residual receipts.
The term of the loan will be 20 years, corresponding to the affordability period of the HOME financing, and
secured by a Deed of Trust on the property. The total cost for the project is approximately $12.2 million.
The remaining $10.2 million will come from other sources as listed in the administrative report.
Agenda Highlights
June 21, 2006
Page 2
Item 12dd. Aareement with Columbus Avenue Housina Partners. L.P. for $500.000 HOME Investment
Partnership (HOME) Communitv Housino Development Oroanization (CHDO) Funds to Construct 50
Affordable Family Apartments at 500 West Columbus Street. The developer has already purchased the
property. They request that the City reimburse them that cost of $350,000, and assist with predevelopment
costs with the remaining $150,000. HUD has consented to this use of the HOME funds.
The HOME CHDO funds would come from FY 03-04 and FY 04-05 HOME CHDO funds, and would be a
loan to the developer at 3% interest and repaid from residual receipts. The term of the note corresponds to
the 55 year affordability period required by the major funding source, TCAC. The Note is secured by a
Deed of Trust on the property.
The total project cost is approximately $13.5 million. The remaining $13 million will come from other
sources as listed in the administrative report. The developer, at its discretion and with approval by the City,
may use any additional or alternative funding sources. The developer is asking for this commitment from
the City prior to their application for the various other funding sources. Construction is anticipated to begin
by the end of 2006 and completed in 2008.
Item 12ee. Joint Acencies Acreement between the County of Kern. Citv of Shafter. and City of Bakersfield
to Fund the 7'h Standard Road/State Route 99/Union Pacific Railroad Separation of Grade Proiect in the
amount of $9.000.000 ($3.000.000 each). In 2000, the County and the Greater Bakersfield Separation of
Grade District agreed to coordinate the planning, design, financing and construction of a separation of
grade project at 7'" Standard Road, which will include reconfiguration of the Golden State/7!h Standard Road
intersection, the realignment and widening of 7'" Standard Road, and an additional two-lane bridge for 7'h
Standard Road. In 1997, Southern Pacific (now UP) agreed to participate in the Grade Separation and
contribute 10%, but not to exceed $470,000. In 2003, CalTrans obligated itself to reimburse the County for
costs of constructing the Grade Separation with up to $5,000,000 of Section 190 funds.
The total cost is currently estimated at around $16.4 million, of which around $10.5 million is estimated for
the Grade Separation, approximately $4.5 million for the Interchange Improvements, and roughly $1.9
million for contingencies. The Combined Project is eligible for an $8 million Traffic Congestion Relief Act
(TCRA) grant. The California Transportation Commission (CTC) has, to date, approved the expenditure of
approximately $1.9 million of TCRA funds, of which approximately $1.4 million has been actually granted to
and spent by the County. Due to the State's fiscal crisis, it is unlikely that the Combined Project will receive
any more TCRA funding other than the remainder of the $1.9 million.
Since the Combined Project will directly benefit the City of Bakersfield and the City of Shafter, and portions
of the Combined Project lie within their respective Spheres of Influence, both cities wish to join with the
County in the planning, designing, funding and construction of the Combined Project. This agreement will
obligate each agency (Bakersfield, Shafter, Kern County) to an amount of $3,000,000. Any unused portion
of the $9,000,000 will be reimbursed equally to each of these three agencies.
Item 12ff. Aareements Related to the General Plan Amendment/Zone Chanoe on Approximatelv 3.750
Acres Generallv Located East of Interstate 5. South of Taft Hichway. and West of Renfro Road. D.R.
Horton, Los Angeles Holding Company, Inc., is proposing the development of a master planned community
consisting of approximately 15,890 residential units, 509 acres of commercial and mixed use commercial
development, parks, schools, and other miscellaneous land uses. They will pay for all costs associated with
the preparation of the EIR. The total cost of the EIR is $406,747, which consists of $305,060 for consulting
services and $101,687 to reimburse the City for its costs in managing the project.
Item 12Ü. Amendment NO.1 to Acreement No. 02-114 with Manbir Sinch. M.D. and Taran Sinoh for Leased
Space at 3945 Huches Lane #D for $1.845 per month. The office space at this location was leased for a
police satellite station. The lease is due to expire June 30, 2006. It has been determined that it will be
Agenda Highlights
June 21, 2006
Page 3
necessary to continue to lease this space until other options become available. Dr. Singh agreed to extend
the lease 18 months under the current terms, except the rent would be raised to $1,845 per month.
Bids
Item 12nn. Reiect All Bids for the Traffic Sianal and Liahtina Svstems Installation at the Intersections of
Columbus Street at University Avenue. and Columbus Street at Wenatchee Avenue. The project consists
of two complete traffic signal and lighting system installations, reconstructing access ramps to meet current
ADA requirements, and storm drain improvements. This project is proposed to be funded entirely with
Transportation Development Funds. The two bids received are significantly higher than the Engineer's
Estimate due to the complexities involved with such a project in the rocky terrain of this area. Sufficient
funds are not available to award this contract. Therefore, staff is re-evaluating the proposed improvements
so the project can be re-advertised.
Item 12qq. Award Contract to Centurv Industries for Four Mobile Bleachers in the amount of $230.691.
These mobile bleachers will be used for events in various parks. Three acceptable bids were received.
Staff recommends award to Century Industries.
Miscellaneous
Item 12zz. ADDroDriate $300.000 Additional Refuse Service Revenue to the Public Works DeDartment's
ODeratina Budaet within the Refuse Fund for Increased Costs Associated with Service for New
DeveloDment. Additional funds are needed to cover increased costs in several line items within the Public
Works Department's operating budget within the Refuse Enterprise Fund. Actual costs are anticipated to
come in higher than the current budget because of increased refuse collection and recycling activity from
higher than anticipated development of new homes and businesses. There is no General Fund impact
associated with the appropriation requests.
CONSENT CALENDAR HEARINGS
Item 138. Resolution Orderina the Vacation of the SUDerceded Riaht-of-Wav Dedication Located
Southwesterlv of the Intersection of Sillect Avenue and Arrow Street. The right-of-way dedication is part of
the future Oak Street alignment. The Developer has already dedicated the irrevocable offer of street right-
of-way to the City. No objections have been received to date. The proposed vacation was approved by the
Planning Department on April 25, 2006, and was found to be consistent with the Metropolitan General Plan.
Item 13b. Resolution Orderina the Vacation of the Northern 15 Feet of Riaht-of-Wav alona Berkshire Road
between Granite Hills Street and Shallow Cove Wav. also the TemDorarv Access. Turnaround. and SloDe
Easement Located Northwest of the Intersection of Berkshire Road and Granite Hills Street. Mcintosh &
Associates, on behalf of Greenfield Union District, is in the process of developing engineering site plans for
the construction of Granite Pointe Elementary School. This development requires the 15 feet of right-of-way
on Berkshire Road for parking space purposes. To match what exists, the School District will be completing
the construction of the north half of Berkshire Road as a local street with 60 foot-wide right-of-way per City
standards. The temporary access, turnaround, and slope easement mentioned above is also part of the
property owned by the School District. This easement will no longer be needed by the City because the
School District will be constructing a local street, Greenland Way, where the existing easement is.
No objections have been received to date. PG&E requests that the area to be vacated be reserved as a
non-exclusive easement for the existing facilities within the area. The proposed vacation was approved by
the Planning Department on April 25, 2006 and was found to be consistent with the Metropolitan General
Plan.
Agenda Highlights
June 21,2006
Page 4
Item 13c. Zone Chanae on ADDroximatelv 5 Acres Located at the Northeast Corner of Stine Road and
Berkshire Road. Lynx Realty & Management, representing William & Geraldine Skaggs, the property
owner, propose a development of an age-restricted (62 and over) condominium development. On May
24, 2006, Council approved a General Plan Amendment from LR (Low Density Residential) to HR (High
Density Residential) on the subject property. The proposed zone change was originally considered by
the Planning Commission on April 6, 2006, but was continued to enable the applicant to address
concerns raised by Commissioners and a neighboring property owner regarding overlooks into
backyards of adjacent single-family residences to the north and east. Subsequently, changes were
made to the proposal, which include decreasing the number of units and parking places, modification of
setbacks, placement of landscaping, and reconfiguring of the layout.
On May 18, 2006, the Planning Commission recommended approval of the proposed zone change with the
addition of a condition of approval requiring 7 -foot high masonry walls along the north and east property
lines. The neighboring property owner believed that the revisions did not adequately address his concerns
since balconies were still proposed to face his rear yard. The Commission found that the revisions made by
the applicant together with a taller wall would provide a sufficient level of privacy.
Item 13d. First Readina of an Ordinance ADDrovina a Notice of ExemDtion and Amendina the MuniciDal
Code bv Chanaina the Zonina on ADDroximatelv 2.080 Acres Generallv Located on the North Side of
Panama Lane. between South Allen Road and Nord Avenue. This is the pre-zoning action for McAllister
Ranch. Mcintosh & Associates representing SunCal Companies, applied for a zone change from A-20-A
(Agriculture-20 Acre Minimum Lot Size) to a variety of City zoning designations which are comparable to
previously approved County zoning within the McAllister Ranch development to accommodate the
development of the McAllister Ranch Master-Planned community. The site is currently being developed in
the County.
A Specific Plan and a Project EIR for the McAllister Ranch were approved in 1993 by Kern County. This
zone change implements previously approved Metropolitan Bakersfield General Plan designations as
identified in the McAllister Ranch Specific Plan. The requested zone change will allow the City to utilize City
zoning designations, rather than the previously-approved County zoning designations, for the pre-zoning
designations on the annexation request to LAFCO.
On May 18, 2006, the Planning Commission held a public hearing and recommended approval. No one
asked to have the item removed from the consent agenda, and no one spoke in opposition to the project.
HEARINGS
Item 14a. ADDeal bv A & E Union of the Plannina Commission's Decision ADDrovina Tentative Tract 6736,
Located in the Rio Bravo Countrv Club Communitv, East of Miramonte. South of Casa Club Drive. On April
20. 2006, the Planning Commission approved Tentative Tract 6736 consisting of 1 lot for the purpose of
creating 185 detached condominium units on 19.07± acres zoned R-2 (Limited Multiple Family). The
project includes a request for a waiver of mineral rights owners' signatures. The project is located in the Rio
Bravo Country Club development, which is an existing private-gated street community.
The applicant's (Andrew Fuller) representative spoke in favor of the project at the hearing. Although no one
spoke in opposition at the hearing, A & E Union submitted a letter in opposition to the project stating the
project site does not have the right to connect to the sewer line in Casa Club Drive, that they own and
control it and the street.
A & E Union filed an appeal to the Commission's decision stating that 1) the City did not follow proper
procedures under the Subdivision Map Act in approving this subdivision, including secondary or emergency
access and using reference to the previously approved Site Plan Review; 2) notice of the Planning
Commission hearing was either not given or inadequate; and 3) the applicant has not demonstrated he has
Agenda Highlights
June 21,2006
Page 5
a right to construct or maintain sewage or drainage system on or to enter onto A & E Union, Inc. owned
property. All of these issues are addressed in the administrative report. Staff recommends upholding the
Planning Commission's decision, and denying the appeal.
REPORTS
Item 15a. Resolution Adoctinc Council Policy Recardinc Councilmember Reimbursement for Excenses
tAB 1234). This law became effective January 1, 2006. It requires cities (including charter cities) which
provide Councilmembers reimbursement for expenses, to adopt a written policy which sets forth the
parameters under which such reimbursement may be received and what expenses qualify. In addition,
eligible Councilmembers must complete a two-hour ethics class by January 1, 2007. In February, 2006,
Council approved a resolution recommended by the Legislative and Litigation Committee. It was
understood that this Committee would continue to review and revise the resolution in order to develop
appropriate language.
Attached to the administrative report are the recommended changes, as approved by the Committee. If the
Mayor and Councilmember wishes to be reimbursed for an event not listed, such reimbursement must be
approved by a majority of the Council. Additionally, an expense report must be submitted to the appropriate
legislative body, which is subject to public disclosure. For City legislative members, other than the Mayor
and Council, expenses are reimbursed at the discretion of the City Manager.
DEFERRED BUSINESS
Item 16a. Resolutions Adoctinc the Oceratinc and Cacital Imcrovement Budcet: the Oceratinc and
Cacital Imcrovement Budcet for the Bakersfield Redevelocment Acency. and Establishinc the
Accrocriations Limit. Council is being asked to adopt resolutions for the FY 2006-07 City of Bakersfield
($504,168,199) and Bakersfield Redevelopment Agency (BRDA) Operating and Capital Improvement
($17,567,519) Budgets, which total $521,735,718. The resolution adopting the FY 2006-07
Appropriations Limit of $230,000,900 is also included.
The budget reflects a significant increase due to the funding of the Thomas Roads Improvement Program
(TRIP) of $49,800,000; increased capital projects including roads, fire stations, parks and other projects;
and increases in staffing to address community growth.
Approved: ~
Alan Christensen,
Assistant City Manager
cc: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's FHe
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Closed Session
ITEM: 1- . ll·
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 6. 2006
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
J/(§
lib--
CITY MANAGER !)(
(
SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
VG:do
S:ICOUNCILICI SesslAdminsI05-06\06-21-06 LabotNegdot.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Closed Session
ITEM: l.\.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attomey
June 6, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/G
~
At
.
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1X3XA) of Government Code section 54956.9.
(three cases)
VG:do
S:\COUNCILICI SesslAdmins\05-06\06-07-Q6 Potentiai.dot
June 6. 2006. 11 :53AM
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Closed Session
ITEM: L\. c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡/t;
j/~
It
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
. John M. Tarabino, et al v. City of Bakersfield
Kern County SUDerior Court. Case No. S-1500-CV-257620-SPC
VG:do
S:\COUNCILICI SesslAdmlns\05-06106-21-06ExisUll.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Presentations
ITEM: C{. (Â..
FROM:
DATE:
Mayor Harvey L. Hall
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER f'r:[
TO: Honorable Mayor and City Council
SUBJECT: Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation and Parks
Director, City of Bakersfield, proclaiming July, 2006, as "Recreation and Parks Month".
RECOMMENDATION:
BACKGROUND:
ndw
June 8, 2008. 2:39PM
S:\MAYORIAOMIN\2OO61RECREATION AND PARKS MONTH.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Presentations
ITEM: 11. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council #
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
APPROVED
/PC
May 10, 2006
CITY ATTORNEY
NlA
CITY MANAGER f4C'
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Elijah G. Smith Jr.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Elijah G. Smith Jr., Firefighter, Bakersfield Fire Department, for 32 years of service to the City of
Bakersfield.
6112/2006
GR:P:\RETIREMENT PERS SAFETYlElijlh Smijh Retiree PAI88nl8lion Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I;;) ./1
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
June 9, 2006
APPROVED
DEPARTMENTHEA~
CITY ATTORNEY
¡1C
CITY MANAGER
SUBJECT: Approval of minutes of the June 5, 2006 Budget Meeting and June 7, 2006 Council
Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I~·b_
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
3w
~
SUBJECT: Approval of department payments from May 26, 2006 to June 8, 2006 in the amount of
$8,291,305.87. and self insurance payments from May 26, 2006 to June 8, 2006 in the
amount of $168,419.45.
RECOMMENDATION:
Staff recommends approval of payments totaling $8,459,725.32.
BACKGROUND:
RAR
June 8, 2006, 1 :42PM
C:\Documents and Setlingsldtsmayo\Desklop\ADMIN-AP.doc
----.-_---
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I,:). C.
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 8, 2006
PROVED
CITY MANAGER
TO:
FROM:
DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: Adoption of amendments to various ordinances relating to:
1. Nuisance Abatement
2. Buildings and Construction
RECOMMENDATION:
Staff recommends adoption of ordinance revisions.
BACKGROUND:
Chapter 8.80 of the Municipal Code deals with Nuisance Abatement and Chapter 15 concerns
Building and Construction issues. It has been some time since these ordinances were reviewed. It is a
good time to update these ordinances because the City is growing and the Council has expressed desire
to increase Code Enforcement activity. The changes will streamline our abatement process, provide for
greater consistency in that process and bring our procedures in line with that of other cities in the state.
First reading occurred on June 7, 2006.
S:\COUNCIL\Admins\OS-06 Admins\8.80&15.04.CodeEnK:IClnupOrd2nd.doc
June 8, 2006 - 10:58 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: ldo.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
June 1, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-29 from C-2 (Regional Commercial Zone) to
P.C.D. (Planned Commercial Development Zone) on 6.61 acres comprised of the block
bounded by Baker Street, Lake Street, King Street, and Kentucky Street and a portion of
the block bounded by Baker Street, Lake Street, Kern Street, and Kentucky Street (Zone
Change No. 05-1930 - Quad Knopf, representing the Bakersfield Redevelopment Agency).
CNard 2)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 84 multi-family residential
units and approximately 54,084 square feet of retail space, in addition to the renovation and reuse of an
existing commercial building on the west side of Baker Street for retail and office uses, on the 6.61-acre
project site. The proposal includes the abandonment of the portion of the alley between Kentucky Street
and Lake Street within the project site; this area is proposed to be utilized for vehicular access to on-site
parking and for pedestrian access and landscaping. A disposition and development agreement (DDA)
between the City, Redevelopment Agency, and The Triumph Companies will assure the type, character
and quality of the development and will establish the development requirements and financial
commitments of the respective parties.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on April 6, 2006. No one present at the hearing was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to
the request.
PH:\admin\6-21-1930
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: IJ.., f.-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
June 1, 2006
CITY ATTORNEY
CITY MANAGER
s,r-
~
11(/
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Title 17 of
the Municipal Code and Zoning Map 123-28 from A (Agriculture) to R-1 (One Family
Dwelling Zone) on approximately 100 acres located at the northeast corner of Gosford
Road and McCutchen Road (Zone Change No. 05-0423 - SmithTech USA, Inc.,
representing Pascoe Family Investments, LLC). (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 350 single-family
residential units on the approximately 100-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on April 6, 2006. No one was in opposition to the request and the applicant
agreed to all conditions and mitigation for the project. There were no agencies in opposition to the
request.
MG:\adminl6-21-0423
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: la .f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
SUBJECT:
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER /frC
f
Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-22 from C-2 (Regional Commercial Zone) to R-
2/P.U.D. (Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on 9.88
acres located at the northeast corner of Panama Lane and Ashe Road (Zone Change No.
05-1445 - Mcintosh & Associates, representing Castle & Cooke California, Inc.). ry.Jard 6)
June 1, 2006
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 85 single-family residential
units on the 9.88-acre project site.
The Planning Commission conducted a pUblic hearing on this zone change and recommended approval to
the City Council on April 6, 2006. No one present at the hearing was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to
the request.
PH:ladmin\6-21-1445
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.~.
J
APPROVED
DEPARTMENT HEAD ~,-
CITY ATTORNEY ~
CITY MANAGER Áf¡
SUBJECT: Adoption of an 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) zone on 70 acres and A to C-2 (Regional Commercial) on 10 acres located at the
northwest corner of Taft Highway and Gosford Road (Zone Change No. 05-1452 -
SmithTech/USA, Inc., representing OMAX, LLC). (Ward 6)
TO:
Honorable Mayor and City Council
FROM:
Stanley C. Grady, Development Services Director
DATE:
June 1, 2006
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 281 single-
family residential units and 82,000 square feet of commercial space on the 80 acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16,2006. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project. There were no agencies in opposition to the request.
Js:\admin\6-21-1452
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \:1. h·
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
June 1, 2006
CITY ATTORNEY
CITY MANAGER
IX--
;9m4
,
~/
,
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 124-16 from M-3 (Heavy Industrial) to R-2 (Limited
Multiple-Family Dwelling) on approximately 20 acres located at the southeast corner of
Cottonwood Road and East White Lane (future) (Zone Change No. 05-0599 - Pinnacle
Engineering, representing Jim and Cindy Edwards). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 103 single-family residential
units on the approximately 20-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16, 2006. No one present at the hearing was in opposition to the request and
the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition
to the request.
PH:\admin\6-21-oS99
-- .."- .~,---._-_._, .^..~,_.,_..~- .........--.-.-"-.-.-.--. .-.--,,'-----..-.--..,--'..--.-.. ----,
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.;.
June 1, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
x,-
MrtJ
k
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-31 from C-2 (Regional Commercial Zone) to R-2
(Limited Mu~le-FamiIY Dwelling Zone) on 2.28 acres located at the northeast corner of V
Street and 3 Street (Zone Change No. 05-1021 - Michael Dhanens Architect, representing
Tammy Nguyen and Califomia Water Service Company). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 36 multi-family residential
units on the approximately 2.28-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16, 2006. No one present at the hearing was in opposition to the request and
the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition
to the request.
PH:\Admin\6-21-1021
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.;l.i
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
June 6, 2006
CITY ATTORNEY
CITY MANAGER
~
fk
.
SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 124-29 from A (Agriculture) to R-1 (One Family Dwelling
Zone) on approximately 25 acres located on the north side of Hosking Road, between
Union Avenue and Cottonwood Road (Zone Change No. 05-1280. A¡:>plicant: Jerry
Hendricks representing Helen & Waldo Jones, the property owners. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 100 single-
family residential units on the approximately 25-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16, 2006. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project. There were no agencies in opposition to the request.
Mg:\adminI6-21-1280
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: k;l. (.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
June 1, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
$v-
iJt,W--
W/
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) toC-2
(Regional Commercial) zone on approximately 5.50 acres located on the south side of
Panama Lane, between Wible Road and Windflower Avenue (Zone Change No. 05-1442-
Marino/Associates, representing Arredondo Ventures, Inc.). (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading ofthe ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 60,000 square feet of gross
leasable area (GLA) on the 5.50 acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16,2006. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project. There were no agencies in opposition to the request.
Js:\adminl6-21-1442
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I,). \ .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ß.(~
June 6,2006 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 103-24 from R-1 (One Family Dwelling) to R-2 (Limited
Multiple Family Dwelling) on 4.60 acres located on the west side of Morning Drive
approximately 1,000 feet south of State Route 178 (Zone Change No. 05-1361. Applicant:
Mcintosh & Associates, representing Sterling Oaks Investments, LLC, the property owner.
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24,2006.
The proposal would allow for the development of unspecified amount of multi-family residential units on
the approximately 7.3-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on April 6, 2006. No one was in opposition to the request and the applicant agreed to all
conditions and mitigation for the project. There were no agencies in opposition to the request.
Mg\s:admin\6-21-1361
ADMINISTRATIVE REPORT
MEETING DATE: June21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.m.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
June 1, 2006
CITY ATTORNEY
CITY MANAGER
M
If¿
f
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-04 and 102-05 from A (Agriculture) to E (Estate
Residential) zone on 39.41 acres and A to R-2/P.U.D. (Limited Multiple Family Dwelling
Zone/Planned unit Development) on 7.73 acres and A to R-1 (One Family Dwelling) zone
on 35.87 acres located on the north and south side of Etchart Road and on the west side of
the Beardsley Canal (Zone Change No. 05-1451 - SmithTech/USA, Inc., representing Bear
Mountain Development, Inc.). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 330 single-
family residential units and 80 apartment units on the 83-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16, 2006. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project. There were no agencies in opposition to the request.
Js:\adminl6-21-1451
- -..-.....---..-.-..--
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.tî.
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
TO:
June 1, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-29 from A (Agriculture Zone) to R-1 (One-Family
Dwelling Zone) on approximately 51 acres located between Calloway Drive and EI Toro
Viejo Road, immediately north of the Burlington Northern Santa Fe (BNSF) Railway (Zone
Change No. 05-1448 - James C. Lundy, representing the Thropp Jackson Trust). (Ward 4
Upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 220 single-family homes on
the approximately 51-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on April 6, 2006. Fred Rappleye of West Coast Land Service, representing the operator
of the oil and gas leasehold on the project site, addressed the Planning Commission during the public
hearing regarding the proposal's impact upon their ability to continue to operate their existing wells and to
establish new wells. The Planning Commission discussed the oilfield development standards of the
Bakersfield Municipal Code with staff and with Mr. Rappleye, who indicated that the 100-foot building
setback from petroleum production-related facilities required by the Code is satisfactory to him and he was
no longer concerned about the proposal. The applicant expressed his opposition to a recommended
condition of approval requiring the subdivider to pay a fee to upgrade the existing ballfield lighting at the
North of the River Recreation and Park District's (NOR) Greenacres Park immediately west of the site.
Staff recommended this condition of approval in response to concerns raised by NOR regarding light and
glare effects from their approximately 25-year old ballfield lights. The applicant presented an alternative
condition to the Commission requiring the subdivider to reposition the lights to ensure that the light level at
the residential property line would not exceed 0.5 foot-candles, provided current light levels and uniformity
on the field are not decreased. Colon Bywater of NOR was present at the meeting and expressed his
agreement with this alternate condition. Staff recommended a condition of approval to the Commission
ADMINISTRATIVE REPORT
requiring the subdivider to record a covenant on all residential lots disclosing the potential for light, glare,
and noise disturbances associated with the operations of Greenacres Park. In response to a request
made by Mr. Bywater during the hearing, the Commission recommends approval of a modified condition
requiring the covenant to notify future homebuyers that NOR may upgrade the ballfield light levels to 50
foot-candles infield and 30 foot-candles outfield on 60-foot poles in accordance with current standards for
safe play, provided the light level at the residential property line does not exceed 0.5 foot-candles.
PH:ladmin\6-21-1448
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: 'd.,O.
TO:
FROM:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD $c,-
June 1, 2006 CITY ATTORNEY ~
CITY MANAGER k
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family
Dwelling) zone on approximately 80 acres located at the northeast corner of Pensinger
Road and South Allen Road (Zone Change No. 05-1257 - Marino/Associates, representing
Harold Johnson, Patricia Schreiver, Michael Lorenzi, and Susan Piper by Ted Piper).
(Ward 5)
DATE:
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 306 single-family residential
units on the approximately 80 acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16, 2006. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project. There were no agencies in opposition to the request.
Js:admin\6-21-1257
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \::t.p-
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ;frr
CITY ATTORNEY ~
CITY MANAGER ¡:¡¿
,
June 1, 2006
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 104-15 from A (Agriculture) to R-1 (One Family
Dwelling) on 74.71 acres located on the west side of Miramonte Drive, approximately one-
half mile south of State Highway 178 (Zone Change No. 05-1343 - Porter-Robertson
Engineering, representing Stockdale Oil & Gas, Inc.). (Ward 3 Upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The proposed zone change would allow for the development of approximately 344 single-family homes on
the 74.71-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 16,2006. No one present at the hearing was in opposition to the request and
the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition
to the request.
Ph:\admin\6-21-1343
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: I'd..&\,.
V
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ¡;Jì'l/
CITY MANAGER j()..e
.
June 6, 2006
SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 101-01 from A (Agriculture) to R-1 (One Family Dwelling
Zone) on approximately 66.25 acres located on the south side of Seventh Standard Road
east of the Calloway Canal (Zone Change No. 05-1450. Applicant: SmithTech USA, Inc.,
representing Michel & Margaret Ann Etcheverry Family Limited Partnership, the property
owner. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 275 single-
family residential units on the approximately 66.25-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on April 6, 2006. No one was in opposition to the request and the applicant agreed to all
conditions and mitigation for the project. There were no agencies in opposition to the request.
Mg:\admin\S-21-1450
ADMINISTRATIVE
REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: ld.. yo .
TO: Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD A-(';>
pt:,.
CITY MANAGER t./)f>
CITY ATTORNEY
FROM: Nelson K. Smith, Finance Director
DATE May 8, 2006
SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records.
documents, instruments. books and papers, pursuant to the sections 34090 et seq. OIthe
gO\ernment code of the State of Califomia - Finance Department.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports
that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The
records to be destroyed are listed on Exhibit A of the Resolution.
S:\Admin\Records DestnIction\Admin Report.doc
_...--"----
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~ .5.
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD (/1_
CITY ATTORNEY fJfJ¡I
~.
/
Resolution adding territory, Area 4-55 (Barbera, Chardonnay 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 3)
Raul M. Rojas, Public Works Director
Honorable Mayor and City Council
June 8, 2006
CITY MANAGER
SUBJECT:
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On June 7, 2006 the Council adopted Resolution of Intention No. 1459 to add territory,
Area 4-55 (Barbera, Chardonnay 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 Parcel Map No. 11293. Area 4-55 is generally bounded
by a line approximately 5,110 feet north of Barbera Avenue on the north, a line approximately 5,300 feet
east of Chardonnay Street on the east, Barbera Avenue on the south and Chardonnay 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,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
mr
MD4-55_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA Section: Consent
ITEM: la. T.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ~ APPROVED
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD ~¿
June 8, 2006 CITY ATTORNEY/ Ju., ~ JrG-
CITY MANAGER ¡tì?
r
Resolution Approving Vantagecare Retirement Health Savings Program for the Employees
of the Bakersfield Police Officers Association Employee Group
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
We recently implemented a retiree health savings plan for our employees in the Blue and White Collar
Units. Management Unit, and General Supervisory Unit.
As part of the Police MOU you recently approved for this employee group there was the provision to have
such a plan. Their plan is similar to the one adopted for the Management and Supervisory employees. It
differs from the one for the Blue and White Collar Unit in that it does not have a mandatory contribution.
June 9. 2006. 8:54AM
S:\AOMINRPnRHS Reao BPOA.dot
ADMINISTRATIVE REPORT
MEETING DATE: June21, 2006
Consent Calendar
CITY MANAGER
APPROVED
11e/
137n4
1«/
TO:
Honorable Mayor and City Council
FROM:
Alan Christensen, Assistant City Manager
DEPARTMENT HEAD
DATE:
June 7, 2006
CITY ATTORNEY
SUBJECT: New Job Specification, Change to Salary Schedule and Reclassification:
1) Amendment No. 4 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 Human Resources Analyst II
2) New Job Specification: Human Resources Analyst II #27000
3) Reclassification: Human Resources Analyst I (1 position) to Human Resources
Analyst II
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Staff recommends the creation of a Human Resources Analyst II classification for the Human Resources
Division. This is necessary due to the current employment economy. There is a large degree of
competition for a limited number of qualified applicants. Recent recruitment efforts to fill the two vacant
HR Analyst positions at the "I" level have been unsuccessful. The salary range was at issue and the City
was unable to successfully compete for applicants. The "II" level is intended to be a journey-level position
responsible for sensitive and complex generalist assignments.
Lack of adequate staffing in the Human Resources Division translates directly to the inability of operating
departments to provide essential services. It is imperative that this new "II" level classification be created
to enable the HR Division to obtain qualified staff to recruit for the multitude of City-wide vacancies. In
addition, it is appropriate to reclassify the Human Resources Analyst I position occupied by the most
senior analyst to Human Resources Analyst II. Budget savings have been identified sufficient to cover the
increased cost.
The new job specification and reclassification will be presented to the Miscellaneous Civil Service Board at
their June 20, 2006 meeting.
Om)
C:\DOCUME-1~mccrea\LOCALS-1\Temp\HR Analyst lI.doc
61712006 9:35 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.:J.v'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A¡ffROVED
/;//
,,~
v
k.
SUBJECT: Resolution of Intention No. 1460 to add territory, Area 4-58 (16th, Myrtle SE) to the
Consolidated Maintenance District and preliminarily adopting, confinming and approving
Public Works Director's Report. (Ward 2).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map Waiver No. 05-0386 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 4-58 is generally bounded by 16th Street on
the north, Pine Street on the east, the AT&SF Railroad on the south and a line approximately 75 feet east
of Myrtle Street on the west. This area will be under the park and streetscape zones of benefit and will be
assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
Certificate of Compliance. A copy of this covenant is attached for reference.
mr
June 8, 2006. 1 0:39AM
M04-58RI05.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: \~.W.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
7F[.ROVED
I,; L/
I?lii
Au
SUBJECT: McAllister Ranch Planned Sewer Area (Ward 4)
1. Resolution adopting the McAllister Ranch Planned Sewer Area and making findings
thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating
to sewer facilities. (FR 05124/06)
RECOMMENDATION:
Staff recommends adoption of the Resolution and the Ordinance.
BACKGROUND: The City has prepared a master sewer study for an area generally bounded by the
Southern Pacific Railroad on the north, Buena Vista Road on the east, ~ mile south of Panama Lane on
the south and Nord Road on the west. and has preliminarily designed the "backbone" sewer system to
serve this area. A developer has constructed a sewer trunkline in Panama Lane west of Buena Vista
Road as the first link in a major trunk line in this "backbone" system. The funds collected as new and
existing parcels within the area develop will be used to reimburse the developer for the cost of their portion
of the project, and will also be used to either construct the remainder of the system or to reimburse any
developer that builds a portion of the system (the developer would only be reimbursed for that portion of
the cost that is over their proportionate share of the cost of the system).
This resolution adopts the McAllister Ranch Planned Sewer Area.
This ordinance adds the McAllister Ranch Planned Sewer Area to the list of Sewer Areas for which
developers and residents are charged at time of development or connection to pay the cost of constructing
the sewer facilities.
mps
June 8, 2006. 3:03PM
G:IGROUPDAnADMINRPT\2006l06-21IMcAlllsterRanchPSAadopt.DOC
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: Iô).)(.
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY _~
CITY MANAGER ~
SUBJECT: Approval of various agreements and related actions associated with preliminary formation
of the McAllister Ranch Community Facilities District:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 8, 2006
1. Deposit and Reimbursement Agreement with Suncal McAllister Ranch LLC to fund
costs of formation for the proposed District;
2. Appropriate $100,000 developer advances to the Community Facility District Fund Non
Departmental Operating Budget for consultant and legal services.
3. Agreement with Fieldman Rolapp & Associates to provide City with Financial Advisor
services related to formation of the district;
4. Agreement with Orrick Herrington & Sutcliffe LLP to provide Bond Counsel services
related to formation of the district.
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND: The City has previously entered into a pre-annexation agreement with SunCal
corporation regarding the McAllister Ranch project. This agreement includes a commitment by the City to
provide a mechanism for financing public facilities and/or services commonly known as Community
Facilities Districts (CFD); also known as Mello-Roos Financing.
Community Facility Districts provide developers with an optional financing mechanism to fund public
facilities and services. A special tax is placed on the properties within the district, generally associated
with the repayment of debt incurred by the district to fund the public improvements.
The City does not have expertise in formation of CFD's. The above agreements provide the mechanism
necessary for the City to hire specialists and begin working on the process to form the McAllister Ranch
Community Facility District. The City is not approving the formation of the district at this point in time, as
the annexation of this property has yet to be approved. However, the City has agreed to pursue formation
actions and the developer has agreed to fund all of the costs of the formation. The formation process
takes several months to complete and the above agreements allow us to begin that process now rather
than later.
The agreements with the Financial Advisor and the Bond Counsel are structured to assist with both initial
formation of the District and subsequent issuance of one or more series of bond financings. Initial cost of
the Financial advisor is estimated at $25,000 and initial cost of Bond Counsel is estimated at $50,000.
Future costs of bond issuance for both experts are contingent upon the size of the particular bond
financing and the relevant timing of when those bond issues actually occur.
nks
P:\Comm Facjl Distriâs'lAdmin - mccallister deposit and initial docs. doc
June 8. 2006
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.V.
¡
TO:
FROM:
DATE:
Honorable Mayor and City Council
~PPROVED
DEPARTMENT HEAD {~!~
CITY ATTORNEY ~
AU
Raul M. Rojas, Public Works Director
June 1, 2006
CITY MANAGER
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with McMillan Albany, LLC for Tract 6307 located
on the corner of Albany Gate Drive and Panama Lane. (Ward 5)
(2) Final Map and Improvement Agreements with Barcelona, LLC for Tract 6446 Phases 1 and
2 located North of Paladino Drive and East of Valley Lane. (Ward 3)
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.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
June 5. 2006. 10:38AM
G:\GroupdatlAdrninrpt\2006\06-21\Map and Improvement AGR.OOC
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \:;l.~.
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 7,2006
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
(iYL
TO:
FROM:
CITY MANAGER
SUBJECT: Design Consultant Contract with Raymundo Engineering Company, Inc. ($176,963) for
design of Liquid Natural Gas Fueling Station Facility on Mt. Vernon Avenue, across from
Green Waste facility IYVard 1).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The addition of a Liquid Natural Gas (LNG) fueling station in southeast Bakersfield will
increase the operational efficiency of waste and refuse collection. This new site will allow refueling of LNG
and LCNG vehicles at this site in addition to the site at the Corporation Yard. The majority of the funding
for the design and construction of this facility will come from a grant through the Federal Congestion
Management and Air Quality Improvement Program (CMAQ). There are particular reporting procedures
that the City is following to insure receipt of the CMAQ funding. In October and November 2005, the City
conducted a Consultant Selection Process, the result of which the firm, Raymundo Engineering Company,
Inc. (RECI) was selected to conduct a negotiation for performance of the design work. A prerequisite to
authorizing the design work is the certifying of an environmental clearance document. That
documentation was performed by Caitrans and provided to the City in March 2006. The City then began
negotiations with RECI to finalize the scope and fee for services for project design.
This agreement with RECI will allow the design and preparation of the construction document package for
the new LNG fuel station.
Reb/pw/engrJQ6K103
G:\GROUPDA T\ADMINRPT\2006\06~2] \Agrmt Design of LNG Fuel Station.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: la .o.a .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 13, 2006
APPROVED
DEPARTMENT HEAD V {J-
CITY ATTORNEVJ &-
CITY MANAGER ft-t:/
SUBJECT: Contracts for legal services:
Agreement with CLIFFORD & BROWN for the fiscal year 2006/2007 in the amount of Two
Hundred Thousand Dollars ($200,000); and for the fiscal year 2007/2008 in the amount of
Two Hundred Twenty Five Thousand Dollars ($225,000).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
For the past 30 months, the City Attorney's Office has outsourced general tort liability cases to the
local law firm of Clifford & Brown.
Since February of 2004, Clifford & Brown has resolved twenty-three (23) out of twenty six (26)
assigned cases. They have disposed of at least ten matters without any settlement monies being paid
including one matter which went to a full jury trial with a favorable verdict. Six matters have been settled
for $10,000 or less. This quality representation of the City has resulted in several benefits. First, the City
recognized general fund salary savings initially; second, Risk Management has recognized a savings in
their budget for total liability claims (claims and lawsuits) over the past three fiscal years; and third, the
City Attorney's office has seen a decline in the number of lawsuits filed against the City.
If approved, the contract with Clifford & Brown will extend over the next two fiscal years, through
June 2008. As with the prior years, the terms of the contract provide that a senior partner will supervise
each assigned case, that the City will not be billed for internal costs-such as copy charges, legal
research, or clerical time, that a maximum $150.00 an hour can be billed for cases not covered under the
30 case per year cap, and that the contract can be terminated.
S:ICOUNCILlAdmins\05-D6AdminsIATT AGR 06-07.07-oa C&B.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: \;,1. bb·
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡/a-
//C-
M
June 8, 2006
SUBJECT: Contracts for legal services:
Agreement with MARDEROSIAN, RUNYON, et al for the fiscal year 200612007 in the
amount of Seven Hundred Fifty Thousand Dollars ($750,000); and for the fiscal year
2007/2008 in the amount of Seven Hundred Fifty Thousand Dollars ($750,000).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
For the past 30 months, the City Attomey's Office has outsourced civil rights cases filed in Fresno
to the law firm of Marderosian, Runyon, Cercone et al.
Since February of 2004, the Marderosian team of attorneys has resolved twenty three (23) out of
twenty six (26) assigned cases. They have disposed of at least fifteen cases without any settlement
monies being paid- including five matters which went to trial and all culminated in favorable verdicts. Four
matters were settled for $10,000 or less. This quality representation of the City has resulted in several
benefits. First, the City recognized general fund salary savings initially; second, Risk Management has
recognized a savings in their budget for total liability claims (claims and lawsuits) over the past three fiscal
years; and third, the City Attorney's office has seen a decline in the number of federal lawsuits filed
against the City.
There are two major differences between the proposed contract and the previous agreements with
the Marderosian law firm. First, if approved, the contract with Marderosian, Runyon will extend over the
next two fiscal years, through June 2008. Second, the contract is for a flat rate. In past years, the
contract provided that a maximum of 30 cases per year cap would be handled for the agreed upon
compensation and that complex matters would be billed at a reduced hourly rate. Under the proposed two
year contract, there is no cap. In other words, all matters assigned to Marderosian will be covered under
the agreed upon compensation-regardless of the number or the complexity. In addition, the matters will
be handled until ultimate closure of the case, which includes the appeal process.
In addition to the above benefits, this arrangement will provide greater stability in calculating legal
fees for civil rights cases, which generally, can result in higher verdicts than typical tort cases and require
about three times the number of hours to defend. As with prior years, the terms of the contract also
provide that a senior partner will supervise each case, and that the City will not be billed for internal costs,
such as copy charges, legal research, or clerical time.
S:\COUNCILlAdmins\05-06AdminsIATT AGR 06-07,07-08 Marderosian.doc
.-.--..-.-
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: 1é1..c.c.,.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
Au
,
CITY MANAGER
FROM:
Donna L. Kunz, Economic Development Director
DATE:
June 7, 2006
SUBJECT: Agreement with the Housing Authority of the County of Kern for $1,500,000 HOME
Investment Partnership funds to construct 60 units of affordable senior apartments at 24th
and R Streets. (Ward 2)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Housing Authority of the County of Kem (HACK) has requested $1.5 million in HOME Investment
Partnership funds from the City of Bakersfield to construct affordable senior housing. HACK is forming a
Limited Partnership with Golden Empire Affordable Housing Inc. - II ("GEAHI-II") to obtain tax credits for
the bulk of the financing for the project. The proposed project is the development of 60 units of senior
housing in the Old Town Kern-Pioneer Redevelopment Project Area, at the comer of 24th and R Streets.
The project consists of 56 one-bedroom units and 4 two-bedroom units and would all be rented to persons
at or below 60% of the area median income. The total cost for the project is approximately $12.2 million.
The $1.5 million in HOME funds are available from FY 03-04, FY 04-05 and FY 05-06 entitlements.
In addition to the $1.5 million of HOME funds, the remaining project funds will come from the fOllowing
sources: Tax Credit proceeds of approximately $10.2 million; deferred developer fee of approximately
$300,000; and a HACK loan of $300,000. HACK, with approval by the CITY, may use additional or
alternative funding sources for the construction of the Project. HACK is asking for the commitment from
the City prior to their application for Tax Credit funds. Construction is anticipated to begin by the end of
2006 and completed in 2008. The federal environmental review requirement for this project was satisfied
with a Finding of No Significant Impact (FONSI).
The project site consists of approximately 3 acres of undeveloped land. There are 80 units of senior
housing directly south of the project property and HACK's administrative buildings directly east of the
project property.
The $1,500,000 in HOME funds would be a loan to HACK at 3% interest and paid back to the City of
Bakersfield out of residual receipts. The term of the loan will be twenty (20) years, corresponding to the
affordability period of the HOME financing, and secured by a Deed of Trust on the property.
S:\AdminslCity CouncillCily Council Admins 2006\Village Park Senior Apartment.doc
6/712006 7:55 AM
.~..,._-,._.~.._---~-~-
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.;l.ci .
TO:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER }A:/
SUBJECT: Agreement with Columbus Avenue Housing Partners, L.P. for $500,000 HOME Investment
Partnership Community Housing Development Organization (CHDO) funds to construct 50
affordable family apartments at 500 West Columbus Street. (Ward 3)
FROM:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
DATE:
June 8, 2006
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Columbus Avenue Housing Partners, L.P., (DEVELOPER) is requesting $500,000 in HOME Investment
Partnership (HOME) Community Housing Development Organizations (CHDO) funds to construct 50 units
of affordable multi-family housing. HOME regulations, 24 CFR 92 require grantees to: allocate not less
that 15% of its annual HOME entitlement to CHDO; encumber HOME funds wit"'in 24 months of receipt
from HUD; and to fully expend them within five years of receipt. Funds for this activity are near the
encumbrance limit.
The funds will be used to acquire the property located at 500 West Columbus Street and pay pre-
development costs for the proposed three and four bedroom townhouse style units. DEVELOPER has
utilized a bridge loan and has already purchased the property and requests the City of Bakersfield
reimburse them the coat of the property, $350,000, and assist with predevelopment soft costs with the
remaining $150,000. HUD has consented to this use of the HOME funds. The $500,000 HOME CHDO
funds requested by DEVELOPER would come from FY 03-04 and FY 04-05 HOME CHDO funds. The 50
units will consist of 30 three-bedroom units at 1,000 sq-ft, and 20 four-bedroom units at 1,200 sq-ft. Five of
the 50 units will be restricted to HOME affordable rents and the remainder will comply with TCAC rent
requirements.
The total project cost is approximately $13.5 million. The proposed financing comes from the following
sources: HOME CHDO funds-$500,ooo; Tax Credit proceeds - approximately $10.4 million; first
mortgage-approximately $1.5 million; and deferred developer fees. DEVELOPER, at its discretion and
approval by the CITY, may use any additional or alternative funding sources for the construction of the
Project. DEVELOPER is asking for the commitment from the City prior to their application for the various
other funding sources. Construction is anticipated to begin by the end of 2006 and completed in 2008.
The federal environmental review requirement for this project was satisfied with a Finding of No Significant
Impact (FONSI).
S:\AdminsIWestColumbusAlfordableHsng ADMIN RPT.doc
61812006 4:02 PM
ADMINISTRATIVE REPORT
Page 2
In 1984, the Southern California Association of Governments formed a nonprofit 501(cX3} named the
Corporate Fund for Housing (CFH). CFH gained expertise and experience in housing throughout the
1980's and into the 1990's and subsequently formed the new entity, also a 501 (cX3), Limited Income
Communities, or LlNC Housing, Inc. LlNC Community Development Corporation, a California nonprofit
public benefit corporation, (LlNC), the managing general partner of DEVELOPER, is an affiliate of LlNC
Housing, Inc. LlNC's mission is to create and preserve housing and has developed a wide variety of
affordable housing units through new construction, acquisition and rehabilitation of at-risk housing, historic
preservation, and purchase of manufactured home parks.
The $500,000 in HOME CHDO funds would be a loan to DEVELOPER at 3% interest and repaid from
residual receipts. The term of the note corresponds to the 55 year affordability period required by the
major funding source, TCAC. The Note is secured by a Deed of Trust on the property. LlNC is a qualified
CHDO for FY 05-06.
S:\AdminslWestColumbllSAlfordableHsng ADMIN RPT.doc
618120064:02 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: 1.::1. e..t..
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
,~PROVED
DEPARTMENT HEAD ilL
CITY ATTORNEY ~
¡te--
Joint Agencies Agreement between the County of Kern, City of Shatter, and City of
Bakersfield to fund the 7th Standard Road/State Route 99/Union Pacific Railroad Separation
of Grade Project ($9,000,000).
Raul M. Rojas, Public Works Director
June 14, 2006
CITY MANAGER
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: By written agreement dated November 21, 2000. the County and the Greater
Bakersfield Separation of Grade District agreed to coordinate the planning, design, financing and
construction of (1) a separation of grade project at the present grade crossing of Seventh Standard Road
and the rail line of the Union Pacific Transportation Company, formerly the Southern Pacific Transportation
Company, which will include construction of an overpass of Seventh Standard Road over UP's tracks,
reconfiguration of the Golden State/Seventh Standard Road intersection, the realignment and widening of
Seventh Standard Road from two to four lanes from State Route 99 west to Coffee Road and the closure
of the existing crossing; and (2) an additional two lane bridge for Seventh Standard Road across State
Route 99, certain modifications of the Seventh Standard Road/State Route 99 interchange and widening
of Seventh Standard Road from two lanes to four lanes from State Route 99 to east of Saco Road.
By Agreement dated April 1, 1997 between the County and, Southern Pacific (now UP) agreed to
participate in the Grade Separation and contribute 10%, but not to exceed $470,000, of the cost of the
Grade Separation (UP's share).
CaITrans and the County entered into a reimbursement agreement dated July 10, 2003 whereby CalTrans
obligated itself to reimburse the County for costs of constructing the Grade Separation with up to
$5,000,000 of section 190 funds of the cost of the Grade Separation.
The Combined Project is eligible for an $8 million Traffic Congestion Relief Act (TCRA) grant, and
CaITrans and the County entered into the Cooperative Agreement dated June 16, 1998 pertaining to use
of TCRA funds for the Combined Project.
The California Transportation Commission has to date approved the expenditure of approximately $1.9
million of TCRA funds for the Combined Project, of which approximately $1.4 million has been actually
granted to the County and expended heretofore by the County and the District on the Combined Project.
Due to the State of Calilomia's fiscal crisis, it is unlikely that the Combined Project will receive any more
TCRA funding other than the remainder of the $1.9 million previously approved for expenditure, leaving
a substantial funding shortfall.
June 14,2006, 11:47AM
G:\GROUPDA nADMINRPT\2006\06-21\Joint Agencies Agr.doc
ADMINISTRATIVE REPORT
The total cost of the Combined Project is currently estimated at around $16.4 million, of which around
$10.5 million is estimated for the Grade Separation and around $4.5 million for the Interchange
Improvements and around $1.9 million for contingencies.
Since the Combined Project will directly benefit the City of Bakersfield and the City of Shatter and since
portions of the Combined Project lie within their respective Spheres of Influence, the City of Bakersfield
and the City of Shatter wish to join with the County in the planning, designing, funding and construction of
the Combined Project.
This agreement will obligate each agency involved to an amount of $3,000,000. Any unused portion of the
$9,000,000 will be reimbursed equally to each agency involved in this agreement.
June 14. 2006. 11:47AM
G:\GROUPDAT\ADMINRPli2006\06-21\Joint Agencies Agr.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.:l. ff-.
APPROVED
DEPARTMENT HEAD ~,fú 5ð,
CITY ATTORNEY ¡8Jn¡
CITY MANAGER 4v'
SUBJECT: General Plan Amendment/Zone Change No. 06-0462 (D.R. Horton, Los Angeles Holding
Company, Inc.) generally located east of Interstate 5, south of Taft Highway, and west of
Renfro Road. (Ward 4/5 Upon Annexation).
TO:
Honorable Mayor and City Council
FROM:
Stanley C. Grady, Development Services Director
DATE:
June 13, 2006
1. Agreement with D.R. Horton, Los Angeles Holding Company, Inc. ($406,747.00) for the
preparation of an Environmental Impact Report (EIR) and appropriate $305,060.00, the
developer's contribution, to the Development Services Operating Budget in the General
Fund.
2. Agreement with Impact Sciences, Inc. for $305,060.00 to prepare an Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 06-0462.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
DR Horton, Los Angeles Holding Company, Inc. is proposing the development of a master planned
community consisting of approximately 15,890 residential units, 509 acres of commercial and mixed use
commercial development, parks, schools, and other miscellaneous land uses on approximately 3,750
acres generally located east of Interstate 5, south of Taft Highway, and west of Renfro Road.
Applicant - City Agreement:
This agreement acknowledges that D.R. Horton, Los Angeles Holding Company, Inc. will pay for all costs
associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is
$406,747.00, which consists of $305,060.00 for consulting services and $101,687.00 to reimburse the City
for its costs in managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
AmendmentlZone Change No. 06-0462 by Impact Sciences, Inc.
Ph:ladmin\6-21-0462
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I Q..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Flom Core, Water Resources Manager
APPROVED
DEPARTMENT HEAD ~~ K.
June 15, 2006
CITY ATTORNEY
CITY MANAGER
t/G-
J4c
SUBJECT: Facilities Use Agreement with the San Joaquin Valley Strategic Business Unit of Chevron
USA for Operation of City Facilities Located in the Kern River Field. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City operates and maintains the Kern River Channel and Canals in and adjacent to the Kem River
Oilfield, which is primarily owned and operated by the San Joaquin Valley Strategic Business Unit (SBU)
of Chevron USA.
This agreement provides for discharge of reclaimed water into City-owned facilities for the period of July 1.
2006 until June 30, 2009, with an option for Chevron to extend one-year beyond that. Versions of similar
discharge agreements date back into the 1970's.
Compensation to the City will be $2.5 million over the base terms of the agreement, with an additional
$500,000 to be paid if the one-year option is exercised.
AT:ML:.I
Jun. 15.2006. 9:54AM
S:\Admln Rptsl2OO6IKem River Field 0621 06.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: ,~. h .
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY IJØiI
.
CITY MANAGER _~
FROM:
Donna L. Kunz, Economic Development Director
June 7, 2006
DATE:
SUBJECT: Amendment NO.4 to Agreement No. 01-018 with AmeriNational Community Services, Inc.
($34,000.00 for a total amount not to exceed $119,000.00) to extend the agreement for two
years and add specific language for the City's down-payment assistance programs. (All
Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On January 17, 2001, the City entered into an agreement with United States Escrow Company (USE) to
provide escrow and related financial services for the City's Single Family Rehabilitation, Multi-Family
Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. This firm provides
billing and collection, handles notice of defaults and foreclosure if necessary. USE was purchased by
AmeriNational Community Services Inc. (ACSI) in 2002, and all rights and obligations were assigned by
the Council to ACSI in 2003 by way of Amendment NO.1. Since 2001, and based on staff's annual
performance monitoring of ACSI, they have been satisfactory in providing efficient and cost effective
support services to the City of Bakersfield. In addition, ACSI specializes in government related loan
portfolio management.
On May 12, 2004, the City Council approved Amendment No.2 which: 1) extended the terms of the
agreement by two years from June 30, 2004 to June 30, 2006; 2) increased the annual fiscal year (not to
exceed) compensation from $15,000 to $17,000; and 3) employed ACSI to provide additional loan
underwriting/disbursement services and loan portfolio maintenance for two City programs (Bakersfield
Redevelopment Area Cleanup Efforts (BRACE) and Down Payment Assistance). On August 17, 2005, the
City Council approved Amendment No.3 which: 1) American Dream Downpayment Assistance (ADDI)
Program and 2) the Southeast Redevelopment Project Downpayment Assistance.
The purpose of the Amendment No.4 is to add specific language detailing loan underwriting/disbursement
services and loan portfolio maintenance for downpayment assistance programs and extend the term of the
Agreement until June, 30, 2008. All previous terms and conditions under the original agreement remain.
S:\Admins\Ctty Council\City Council Admins 2006\AmerinationaIAmendN04Admin.doc
617/2006 3:28 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: \:1.. ì i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~1___
CITY ATTORNEY
CITY MANAGER
Raul M. Rojas, Public Works Director
June 2, 2006
SUBJECT: Amendment No. 1 to Agreement No. 05-413 ($166,781.40; total not to exceed
$730,693.68) with Stuart Thomas Incorporated to revise the scope of work to include the
reconstruction of the intersection at South "W Street and Hosking Road (Ward 7).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement No. 05-413 on November 30. 2005 to reconstruct a
portion of South "H" Street between Berkshire Road and the Arvin-Edison Canal. This Amendment is to
revise the scope of work to include the reconstruction of the intersection at South "H" Street and Hosking
Road.
Compensation for the additional work will amount to $166,781.40. This changes the not-to-exceed
compensation amount in the original agreement from $563,912.28 to $730.693.68.
(105, PWEngr)
June 5. 2006, 9:23AM
G:\GROUPDAnAOMINRPT\2006106-21\Arnendment 1 to Agreement No. 05-413.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: lø.¡;.
v..J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ./1/5
CITY ATTORNEY ~
CITY MANAGER k
June 13,2006
SUBJECT: Amendment NO.1 to Agreement No. 02-114 with Manbir Singh, M.D. and Taran Singh for
leased space at 3945 Hughes Lane #D for $1,845.50 per month. (Ward 7)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On April 24, 2002, the City of Bakersfield entered into Agreement No. 02-114 with Manbir Singh, M.D. and
Taran Singh (Singh) to lease approximately 1,233 square feet of office space at 3945 Hughes Lane #D for
a police satellite station.
The police department provides crime prevention services from this office, including neighborhood
watch programs and senior safety programs. This office has a community meeting area and residents
of the area are encouraged to use the facility for community meetings. Police reports and vehicle
impound releases will eventually be available from this satellite office.
The original tenm of that lease was for two years with two one year extensions and is due to expire June
30, 2006. It has been detenmined that it will be necessary to continue to lease office space until other
options become available. Singh has offered to extend the lease an additional eighteen months under the
current tenms, except for the rent which would be raised to $1,845.50 per month. The City looks forward
to continuing our positive relationship with the Singhs.
June 13. 2006. 4:49PM
P:\MyFileslAdmin Reports\3945 Hughes Lane Amend.doc
OMAls
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \J-.K.k:..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
/9b
SUBJECT: Amendment No. 1 to Agreement No. 05-238 with Tri-State Auction Systems to extend
agreement for twelve (12) months for auctioneer services for surplus City personal property.
(City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 22, 2005, Council awarded a contract for auctioneer services for surplus City
personal property Tri-State Auction Systems. Terms of the contract allow for two (2) one-year extensions.
This allows the City to continue working with a good provider and saves staff time and efforts required if
this item were to be re-bid. This amendment is the first one-year extension.
Purchasing Division
DW
S:\PURCHIADMINlAmendments\Tri-State Auction Systems. 05-238. Amendment #1.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \.). I \.
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
#1
JJJJt4
~
.
TO:
FROM:
SUBJECT: Amendment NO.1 to Agreement No. 05-239 with C.H.P. Enterprise, Inc. dba Ken Porter
Auctions to extend the agreement for twelve (12) months for auctioneer services for surplus
City personal property. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 22, 2005, Council awarded a contract for auctioneer services for surplus City
personal property to C.H.P. Enterprise, Inc. dba Ken Porter Auctions. Terms of the contract allow for two
(2) one-year extensions. This allows the City to continue working with a good provider and saves staff time
and efforts required if this item were to be re-bid. This amendment is the first one-year extension.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendments\C.H.P. Enterprises dba Ken Porter Auctions, 05-239. Amendment #1.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \:l.!"nrY\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
{Il ~~
/}/)J#
A&
SUBJECT: Amendment No. 1 to Agreement No. 05-378 ($263,556.00; total not to exceed
$1,363,556.00) with Castle & Cooke California, Inc. to revise the scope of work to include
the design and reconstruction of an additional portion of Stockdale Highway that sits
between the Kern River Bridge and the Cross Valley Canal. (Ward 4).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement No. 05-378 on November 09, 2005 to design and
construct improvements to a portion of Stockdale Highway located between the Kern River Bridge and
Allen Road. This Amendment is to revise the scope of work to include the design and construction of an
additional area of Stockdale Highway between the Kern River Bridge and the Cross Valley Canal.
Compensation for the additional work will amount to $263,556.00. This changes the not-to-exceed
compensation amount in the original agreement from $1,100,000.00 to $1,363,556.00.
(Ics. PWEngr)
June 9, 2006, 9:20AM
G:\GROUPDAnADMINRPT\2006\06-21\Amend 110 Agr 05-378.doc
ADMINISTRATIVE REPORT
MEETING DATE June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \.l.nl'\·
May 31, 2006
CITY ATTORNEY
CITY MANAGER
CVED
J "
()1
?
W
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Reject all bids for Traffic Signal and Lighting Systems Installation at the Intersections of
Columbus Street at University Avenue, and Columbus Street at Wenatchee Avenue
(Ward 3).
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: The project consists of two complete traffic signal and lighting system installations,
reconstructing access ramps to meet current ADA requirements, and storm drain improvements. This
project is proposed to be funded entirely with Transportation Development Funds. The two bids received
are significantly higher than the Engineer's Estimate of $207,388. Sufficient funds are not available to
award this contract.
Staff is reevaluating the proposed improvements so the project can be re-advertised. After the bid
opening, staff contacted the contractors who bid on this project, and they expressed concerns about the
rocky conditions of the northeastern part of Bakersfield. Due to the high potential of rocks interfering with
the excavation of signal pole foundations and trenches for conduit runs, the contractors eliminated less
costly methods used for traffic signal installation in their bid submittals, which caused the bids to be over-
inflated. The City is obtaining geotechnical boring samples of the project sites. By providing geotechnical
information to potential bidders, and by removing the storm drain improvements from the project's scope,
the bids should be lowered. In addition, the City will try to solicit more bidders when the project is re-
advertised.
On April 4, 2006, two bids were received as follows:
TES Electrical Contractors, Inc,
5306 Aldrin Court
Bakersfield, CA 93313 (City)
in the amount of
$374,000.00
A-C Electric Company
315 30th Street
Bakersfield, CA 93301 (City)
in the amount of
$376,285.05
51- pw/engineering (T5K112 and T5K113)
June 1,2006. 11 :49AM
G:\GROUPDAT\ADMINRPT\2006\06-21\TS Instal1ation Columbus at University and Columbus at Wenatchee.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGEND.~ SECTION: Consent Calendar
ITEM: \oJ .00.
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 9, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
~
TO:
FROM:
SUBJECT: Reject bid for four (4) packer bodies with automated side arms. (City Wide)
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: Invitations to bid were sent to twenty-eight (28) suppliers for providing four (4) packer
bodies with automated side arms. One bid was received in response to solicitation and it did not meet
specifications.
Staff will review the specifications and re-advertise for bids.
Purchasing Division
DW
S:\PURCHIADMINlReject Bids - Packer Bodies, 05-06-43. June 21, 2006.doc
Created on 619/2006 7:56:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;)....DP·
. .
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD--.LV?
CITY ATTORNEY fJJJt4-
CITY MANAGER ' *"
DATE:
June 8, 2006
SUBJECT: Accept bid from Quinn Company in the amount of $183,888.00 for one (1) replacement
diesel-powered motor grader. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: In March 2006, Staff issued Invitations to Bid to fourteen (14) suppliers for the purchase
of one (1) replacement motor grader. Subsequent to the opening of bids, it was determined that the
specifications contained a mistake and Staff recommended rejection of all bids. Staff corrected the
mistake and re-issued the bids.
Two suppliers submitted bids in response to the re-solicitation and are as follows. The lowest bid was
non-responsive to the specifications in that the engine size was too small. Engine size relates to
horsepower, torque and the ability to adequately perform the required work in the field, as well as longevity
of the equipment.
BIDDER
AMOUNT
$152,854.98
Pioneer Equipment
Bakersfield, CA
Quinn Company
Bakersfield, CA
$183,888.71
Staff finds the bid submitted by Quinn Company in the amount of $183,888.71 to be acceptable and
recommends award to Quinn Company, Bakersfield, CA in the amount of $183,888.71. Funds for the
purchase are in the FY 2005-2006 Adopted Budget. The equipment will be used by the Public Works
Department Solid Waste Division at the Wood Waste Recycling Facility.
Purchasing Division
OW
S:\PURCHIADMINlMotor Grader 05-06-17R. June 21. 2006.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: \;L.
DATE:
June 8, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
,/1/5
¡JJn4
M
,
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
SUBJECT: Accept bid from Century Industries in the amount of $130,691.00 for four (4) mobile
bleachers. (City-wide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Staff issued Invitations to Bid for four (4) mobile bleachers which will be used for events
in various City parks. Three (3) bids were received in response to solicitation and are as follows:
BIDDER
AMOUNT
$130,691.00
Century Industries
Sellersburg, IN
Kay Park Recreation
Janesville, IA
$134,673.78
Seating Solutions
Hauppauge, NY
$148,621.10
Staff finds the low bid to be acceptable and recommends award of the bid to Century Industries,
Sellersburg Indiana in the amount of $130,691.00. Funds for the purchase are in the FY 2005-2006
Adopted Budget.
Purchasing Division
DW
S:\PURCH\ADMIN\Mobile Bleachers, 05-06-39. June 21. 2006.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: la· ('f. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY A TIORNEY
CITY MANAGER
APPROVED
,/f/-j
ßJi.A
J4t
June 8, 2006
SUBJECT: Accept bid and award contract to Kay Automotive (not to exceed $55,000.00) for the annual
contract - automotive batteries. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to ten (10) suppliers for the Annual Contract for Automotive
Batteries for the Public Works Fleet Division. One (1) complete bid and two (2) partial bids were received.
Staff finds the complete bid to be acceptable and recommends award of the contract to Kay Automotive,
Bakersfield, CA.
(Spreadsheet attached)
Purchasing Division
DW
S:\PURCH\ADMIN\AC Automotive Batteries, Kay Automotive, June 21, 2006.doc
Created on 6/8120065:04:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: \.). 5&.
CITY MANAGER
APPROVED
/f/'~
~
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
DATE:
June 8, 2006
CITY ATTORNEY
SUBJECT: Accept bid and award contract to Kem Turf Supply, Inc., (not to exceed $210,000.00) for
the annual contract - irrigation parts and supplies. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to sixteen (16) suppliers for the Annual Contract for Irrigation
Parts and Supplies for the Recreation and Parks Department. One (1) complete bid and one (1) partial bid
were received. Staff finds the complete bid to be acceptable and recommends award of the contract to
Kern Turf Supply, Inc. Bakersfield, CA.
(Spreadsheet attached)
Purchasing Division
DW
S:\PURCHIADMINlAC Irrigation Parts and Supplies. Kern TurfSupply.lnc" June 21. 2006.doc
Created on 6/8/2006 1 :45:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: I.;)..+\-.
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 8, 2006
APPROVED
TO:
FROM:
CITY ATTORNEY
CITY MANAGER
JJ:u
10
DEPARTMENT HEAD
SUBJECT: Accept bid and award contract to Argo Chemical Inc., (not to exceed $107,000.00) for the
annual contract - pool chemicals. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to fourteen (14) suppliers for the Annual Contract for Pool
Chemicals for the Recreation and Parks Department. Three (3) complete bids were received. Staff finds
the low bid to be acceptable and recommends award of the contract to Argo Chemical, Inc. Bakersfield,
CA.
(Spreadsheet attached)
Purchasing Division
OW
S:\PURCHIAOMINlAC Pool Chemicals. Argo Chemical. Inc., June 21. 2006.doc
Created on 6/812006 1 :37:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.;\ .l,(.u,.
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 8, 2006
APPROVED
TO:
FROM:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
~
SUBJECT: Accept bid and award contract to Contra Costa Electric ($215,487) f or installation of
emergency standby generators for Fire Stations 2, 10 and 13. (Wards 2, 3 and 6)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Staff issued Invitations to Bid for providing and installing emergency standby generators
for Fire Stations 2, 10 and 13. Three (3) bids were received in response to solicitation and are as follows:
BIDDER
AMOUNT
$215,487.00
Contra Costa Electric
Bakersfield, CA
TES Electrical Construction
Bakersfield, CA
$227,100.00
Brown and Fowler Construction
Bakersfield, CA
$345,170.00
Staff finds the low bid to be acceptable and recommends award of the bid to Contra Costa Electric,
Bakersfield, CA in the amount of $215,487.00. Funds for the purchase are in the FY 2005-2006 Adopted
Budget.
Purchasing Division
OW
S:\PURCHIADMIN\Emergency Generators. Contra Costa Electric. 05-06-29. June 21. 200B.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \¡.IIV.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/1
9d4t/
June 8, 2006
SUBJECT: Accept bid and award contract to Champion Hardware, Inc. ($59,500.00) for installation of
doors at the Convention Center. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to Bid were sent to nine (9) contractors for providing and installing
replacement metal doors and frames for the Convention Center Terrace Level. Champion Hardware, Inc.
submitted the sole bid in the amount of $59,500.00.
Staff finds the bid to be acceptable and recommends award of the bid to Champion Hardware, Inc., in the
amount of $59,500.00.Funds for the purchase are in the FY 2005-2006 Adopted Budget.
Purchasing Division
OW
S:\PURCHIADMINIConvention Center Door Replacement. 05-06-41, June 21. 2006.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.l.IA/W.
DATE:
Raul Rojas, Public Works Director
June 7, 2006
DEPARTMENT HEAD
CITY ATTORNEV!?JJtl
k
APPROVED
((/
TO:
Honorable Mayor and City Council
FROM:
CITY MANAGER
SUBJECT: Accept base bid and additive alternate to award contract to KX2 Holdings, Inc LLC dba
Climatec Building Technologies Group ($124,191.60) for construction of Security and
Access Control System at Police Department Facilities (Wards 2 and 4).
RECOMMENDATION: Staff recommends acceptance of low base bid plus additive alternative no. 1
BACKGROUND: Through this project, the existing security and access control system at the Main Police
Station and at the Westside Police Substation will be upgraded. This system will provide staff with greater
control for granting access to different area of the buildings.
The project is funded through the State Law Enforcement Services Fund and the JAG I Byrne Grant. The
Engineer's Estimate for this construction contract was $108,500.
On May 16, 2006, three acceptable bids were received as follows:
KX2 Holdings, Inc LLC dba Climatec Building Technologies Group
17682 Mitchell #203
Irvine, CA 92614 (out of town) in the amount of $124,191.60
SimplexGrinnell LP
2788 N. Larkin Avenue
Fresno, CA 93727
(out of town)
in the amount of $145,896.11
Access Security Controls International
27111 Aliso Creek Road, Suite 100
Lake Elsinore, CA 92656 (out of town)
in the amount of $192,817.00
.- '-'-'..- .,~»--
ADMINISTRATIVE REPORT
MEETfNG DATE June 21, 2006
AGENDA SECTION:
ITEM: \~.)( (.
Consent Calendar
TO:
APPROVED
DEPARTMENT HEAD ~ .;
CITY ATTORNEY ;d.
CITY MANAGER ~
SUBJECT: Accept bid and award contract to Bakersfield Well and Pump Company in the amount of
$749,135.00 for two domestic water well block pumphouses; CBK L-212 located at 5108 Trinidad Lake Way, and
CBK-45 located at 1500 Jenkins Road. (Ward 4)
Honorable Mayor and C~y Council
FROM:
Florn Core, Water Resources Manager
DATE:
June 6, 2006
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will bring two new domestic water wells into operational status adding needed capacity
and pressure to the C~y of Bakersfield's expanding northwest side of town. The project will include construction of (2)
concrete block pumphouses, installation of (2) Deepwell Turbine Pumps and motors, (2) panel boards, and
miscellaneous piping and appurtenances for Ashe Water Wells CBK-45 and L-212.
3 acceptable bids were received on June 2, 2006 for this project, as follows:
Bakersfield Well and Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308.............................................................. in the amount of: $749,135.00
Kern County Construction, Inc.
309 Kampa St
Bakersfield, CA 93307....................................................................... in the amount of: $791,352.00
HPS Mechanical, Inc.
3100 East Belle Terrace
Bakersfield CA 93307...............................................................·........ in the amount of: $1,185,280.00
June 8, 2006, 9:20AM
5:\2006 AOMIN AEPOATSlAdmln june606BkrsfldWell&Pump.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~. \IV.
I I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ¡/Æ "
CITY ATTORNEY (.;)1
'" LV
CITY MANAGER II ll..-
.
May 31, 2006
SUBJECT: Traffic Signal and Lighting System Installation at the Intersection of Monitor Street and
Berkshire Road (Ward 7):
1. Accept bid to award contract to TES Electrical Contractors, Inc. ($108,700) for the
project.
2. Appropriate $10,000 additional traffic impact fee revenue to the Capital Improvement
Budget within the Transportation Development Fund.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
appropriation.
BACKGROUND: The project consists of a complete traffic signal and lighting system installation, and
reconstructing access ramps to meet current ADA requirements. This project is funded entirely with
Transportation Development Funds. The Engineer's Estimate for this construction contract was $111,057.
Additional funds are needed to award this contract.
On May 10, 2006, two acceptable bids were received as follows:
TES Electrical Contractors, Inc.
5306 Aldrin Court
Bakersfield, CA 93313 (City)
in the amount of
$108,700.00
LOOP Electric
7040 Downing Avenue
Bakersfield, CA 93308 (County)
in the amount of
$124,87900
51- pw/engineering T5K118
June 1. 2006. 11 :49AM
G:\GROUPDATlADMINRPT\2006\06-21\TS Installation Monitor at Berkshire.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Consent Calendar
ITEM: \,;1. z:z..·
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
June 8. 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~PROVED
ilL
SUBJECT: Appropriate $300,000 additional refuse service revenue to the Public Works Department's
operating budget within the Refuse Fund for increased costs associated with service for
new development.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND: This Administrative Report appropriates funds for several operating budget line items.
There is no General Fund impact associated with the appropriation requests.
Additional funds are needed to cover increased costs in several line items within the Public Works
Depertment's operating budget within the Refuse Enterprise Fund. Actual costs are anticipated to come in
higher than the current budget because of increased refuse collection and recycling activity from higher
than anticipated development of new homes and businesses.
G:\GROUPDA T\ADMINRPT\2006l06-21IRefuse Enterprise Fund Appropriation.doc
GL
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: \¿}. a.o..o....
TO:
FROM:
Honorable Mayor and City Council
William R. Rector, Chief of Police
APPROVED
DEPARTMENT HEA~(1....
CITY ATTORNEIjJ(l
CITY MANAGER ¡/fc
DATE:
June 9, 2006
SUBJECT: Appropriate $75,605.00 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On March 22, 2006 the City Council adopted Resolution 080-06 authorizing the Police Department to
apply for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice. The
Police Department was awarded the grant ($75,605.00) on April 28, 2006.
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.
Grants from the JAG. Program have a term of four years and do not require any match from the City.
\\citynaslhomedirsldbransonlBPDIADMIN RPTSIADMIN RPTS FY OS-06IADMIN RPT - 2006-07 BRYNE-JAG BUOGET APPROPRIATION.doc
June 7. 2006. 10:51AM
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1. bbb·
June 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1)-&
,
TO: Honorable Mayor and City Council
FROM:
DATE:
Alan Christensen, Assistant City Manager
SUBJECT: Reclassification: Revenue Program Aide (Public Works-Administration Division) to
Accountant I.
RECOMMENDATION:
Staff recommends approval of reclassification.
BACKGROUND: Raul Rojas, Public Works Director, has requested the reclassification of the
Revenue Program Aide position in the Administration Division to Accountant I. Currently, the Revenue
Program Aide is performing the duties of the Accountant I classification. The depth of knowledge and
skills required of this position is commensurate with the Accountant I classification. Following is a
summary of typical Accountant duties assigned to this position:
· Billing and compiling reimbursement requests for various federal and state funding sources for
eligible capital improvement projects. This involves reading, interpreting and keeping current on
financial procedures mandated by State and Federal agencies.
· Performs accounting tasks relating to the Traffic Impact Facilities List. Over $20 Million is
collected from developers on an annual basis. These funds are used for 20 years of capital
improvement projects within the greater Bakersfield area.
· Monitoring of Subdividers' trust deposits. A significant amount of funds are involved; there is
currently over $5 Million dollars in trust.
· Assisting with fee calculations for developer fees, such as plan check fees, construction
inspection fees, etc.
· Monitors several agreements to ensure compliance with financial terms.
· Analyzing financial data and summarizes such financial data.
The increased additional cost for this reclassification request is approximately $4,100. This will be funded
with anticipated salary savings due to current vacancies.
S:\ADMINRPT\Recla.. - Rav prog Aide to Accountant.doc
GL
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Hearings
ITEM: \~.o....
TO: Honorable Mayor and City Council
DATE:
June 5, 2006
CITY ATTORNEY
CITY MANAGER
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
«
SUBJECT: Resolution ordering the vacation of the superceded right of way dedication located
southwesterly of the intersection of Sillect Avenue and Arrow Street (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: As part of Agreement No. 00-226 (page 2, nos. 2 and 4) that the City of Bakersfield
(City) and Heart Hospital of BK, LLC (Developer) entered into, the City will process a vacation of the
superceded right of way dedication (recorded doc. no. 0199183290) and the Developer will dedicate an
irrevocable offer of right of way dedication (recorded doc. no. 0201132221) to the City. The Developer
has already dedicated the irrevocable offer of street right of way to the City. Said right of way dedication is
part of the future Oak Street alignment.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
The utility companies serving the area have been notified by mail and no objections have been received
as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on April 25, 2006 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government
Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1450 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of May 24, 2006.
Notice of this public hearing has been duly advertised and posted as required by law.
June 6, 2006, 1 1 :38AM
G:\GROUPDA 1\ADMINRPì\2006\06-21\ 14SQ-flnel admin
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGEND~ SECTION: Hearings
ITEM: I~.b.
TO: Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
June 5, 2006
CITY ATTORNEY
CITY MANAGER f1l
SUBJECT: Resolution ordering the vacation of the northern 15 feet of right of way along Berkshire
Road between Granite Hills Street and Shallow Cove Way, also the temporary access,
turnaround, and slope easement located northwest of the intersection of Berkshire Road
and Granite Hills Street. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Mcintosh & Associates, on behalf of Greenfield Union District is in the process of developing engineering
site plans for the construction of Granite Pointe Elementary School. This development requires the 15 feet
of right of way on Berkshire Road for parking space purposes. To match what exists, the School District
will be completing the construction of the north half of Berkshire Road as a local street with 60 foot-wide
right of way per City's standards. The temporary access, turnaround, and slope easement mentioned
above is also part of the property owned by the School District. This easement will no longer be' needed
by the City because the School District will be constructing a local street, Greenland Way, where the
existing easement is.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections ~ave been received as of the date of this report.
Public Works notes that no City sewer or storm drain facilities are within the vacating area.
The utility companies serving the area have been notified by mail. PG&E requests that the area to be
vacated be reserved as a non-exclusive easement for the existing facilities within the area.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report. .
June 5, 2006, 1 0:46AM
G:\GROUPOA T\ADMINRPTì2006\06·21\ 145B-final admin
ADMINISTRATIVE REPORT
The proposed vacation was approved by the Planning Department on April 25, 2006 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government
Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1458 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of May 24, 2006.
Notice of this public hearing has been duly advertised and posted as required by law.
June 5, 2006, 10:46AM
G:\GROUPDA T\AOMINRPTI2006\06-21\ 1458-finaJ admin
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: 1tet).("¡n~S
ITEM: I Ò. G·
DATE:
June 5, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
~~
jdJJi/
If(/
I
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Zone Change 05-1455 (Ward 7)
Lynx Realty & Management, representing William & Geraldine Skaggs, the property owner, has
applied for a zone change on approximately 5 acres located at the northeast corner of Stine Road
and Berkshire Road.
1. First reading of ordinance approving a Negative Declaration and amending Title 17 of
the Municipal Code and Zoning Map No. 123-26 from R-1 (One-Family Dwelling Zone)
to P.U.D. (Planned Unit Development Zone) on approximately 5 acres.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of an age-restricted (62 and over) condominium
development, consisting of 78 attached two-story units, a total of 112 garage and surface
parking spaces, clubhouse, pool and spa on the 5-acre site.
On May 24, 2006, the City Council approved a general plan amendment from LR (Low Density
Residential) to HR (High Density Residential) on the subject property. The proposed zone
change was' originally considered by. the Planning Commission on April 6, 2006, but was
continued to enable the applicant to address concerns raised by Commissioners and a
neighboring property owner, Terry Russell, regarding overlooks into backyards of adjacent
single-family residences to the north and east. Following the April 6, 2006 Planning
Commission meeting, the applicant made the following changes to the proposal:
· Decreased the number of units from 84 to 78 and total parking spaces from 120 to 112.
· Increased the building setback along the east property line from 15 to 30 feet.
· Decreased the building setback along the north property line from 28 to 26 feet.
· Retention of many mature eucalyptus trees along the north and east property lines.
· Strategic placement of 36-inch box Australian Willow and California Pepper trees and
72-inch box California Pepper trees to screen balcony overlooks not sufficiently
screened by the mature eucalyptus trees.
ADMINISTRATIVE REPORT
Page 2
. Reconfigured the layout of the central portion of the development, resulting in a larger,
more useable landscaped area and a larger clubhouse.
On May 18, 2006, the Planning Commission recommended approval of the proposed zone
change with the addition of a condition of approval requiring 7-foot high masonry wailS along the
north and east property lines. Terry. Russell expressed to the Commission that the revisions to
the proposal did not adequately address his concerns since balconies were still proposed to
face his rear yard. The Commission found that the revisions made by the applicant together
with a taller wall would provide a sufficient level of privacy for adjacent residents consistent with
the intent of Section 17.08.090 (Overlooks into Residential Rear Yards) of the Zoning Ordinance
to ..... provide a reasonable degree of privacy to and screening of residential rear yards..."
Furthermore, the Commission considered the fact that the existing R-1 zoning of the subject
property permits the development of two-story, single-family homes with balconies which could
potentially be situated substantially closer than 26 and 30 feet from the north and east property
lines, respectively, without any vegetative screening required and with typical 6-foot high
wooden fencing along the property line.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a negative declaration was prepared and
posted on March 3, 2006, in accordance with CEQA.
PH :\adminI6-21-1455
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGENDA SECTION: Hearings
ITEM: 13.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD éJ.~rk-5G,
CITY ATTORNEY 13M
CITY MANAGER II/-e
Stanley C. Grady, Development Services Director
June 9, 2006
SUBJECT: Zone Change 06-0321 (WardsS!lPUpon Annexation)
Mcintosh & Associates, representing SunCal Companies, the property owner, has applied for a
zone change on approximately 2,080 acres generally located on the north side of Panama
Lane, between South Allen Road and Nord Avenue.
1. First reading of an ordinance approving a Notice of Exemption and amending Section
17.06.020 (Zoning Map Nos. 122-16,21,22 & 23) ofTitle Seventeen of the Bakersfield
Municipal Code by changing the zoning from A-20A (Agricultural 20 Acre Minimum Lot
Size) to E (Estate - One Family Dwelling) on 143.09 acres; R-1(One Family Dwelling) on
988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development)
on 303.21 acres; R-3 PUD (Limited Multiple Family Dwelling, Planned Unit
Development) on 159.67acres; C-1 PCD (Neighborhood Commercial, Planned
Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers,
Planned Commercial Development and Petroleum Extraction Combining) on 320.10
acres; and DI (Drilling Island) on 37.61 acres.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This is the pre-zoning action for McAllister Ranch.
On May 18, 2006, the Planning Commission held a public hearing and recommended approval of this
zone change.
The proposed project is a request to change existing City zoning from A-20-A (Agriculture-20 Acre
Minimum Lot Size) to a variety of City zoning designations which are comparable to previously
approved County zoning within the McAllister Ranch development to accommodate the development of
the 2,080 acre McAllister Ranch Master-Planned community. The site is currently being developed in
the County.
The matter was on the consent agenda at the Planning Commission meeting. No one asked to have
the item removed from the consent agenda, and no one spoke in opposition to the project.
ADMINISTRATIVE REPORT
Page 2
A Specific Plan and a Project EIR for the McAllister Ranch were approved in 1993 by Kern County.
This zone change implements previously approved Metropolitan Bakersfield General Plan designations
as identified in the McAllister Ranch Specific Plan. The requested zone change will allow the City to
utilize City zoning designations, rather than the previously-approved County zoning designations, for
the pre-zoning designations on the annexation request to LAFCO.
Staff has reviewed the proposed project and made the determination that the project qualifies as a
special situation and is exempt from the requirement for the preparation of environmental documents
pursuant to Sections 15162, 15182 and 15183 of the State CEQA Guidelines and a Notice of
Exemption has been prepared.
Mgladmin\6-21-0321
ADMINISTRATIVE REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Hearings
ITEM: II..\.a.
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD~"'" .~
June 13, 2006 CITY ATTORNEY V fY14.
f1í
CITY MANAGER
TO:
FROM:
SUBJECT:
Public Hearing to consider appeal by A & E Union of the Planning Commission's decision
approving Tentative Tract 6736, located in the Rio Bravo Country Club community, east of
Miramonte, south of Casa Club Drive. (Applicant/Subdivider: Andrew Fuller) (Ward 3)
1. Resolution upholding and modifying the decision of the Planning Commission
approving Tentative Tract 6736 located in the Rio Bravo Community, east of
Miramonte, south of Casa Club Drive and denying the appeal by A & E Union, Inc.
RECOMMENDATION:
Staff recommends upholding and modifying the Planning Commission decision to approve Tentative Tract
6736, and deny the appeal.
BACKGROUND:
On April 20, 2006, the Planning Commission approved Tentative Tract 6736 consisting of 1 lot for the
purpose of creating 185 detached condominium units on 19.07± acres zoned R-2 (Limited Multiple Family).
The project includes a request for a waiver of mineral rights owners signatures pursuant to BMC Section
16.20.060 A.4. The project is located in the Rio Bravo Country Club development, which is an existing
private-gated street community.
The applicant's representative did speak in favor of the project before the Planning Commission. A & E
Union submitted a letter in opposition to the project stating the project site does not have the right to
connect to the sewer line in Casa Club Drive. A & E Union claims to have ownership and control of the
sewer line and street. However, no one spoke in opposition at the hearing before the Planning
Commission.
A & E Union filed an appeal to the Commission's decision stating that 1) the City did not follow proper
procedures under the Subdivision Map Act in approving this subdivision, including secondary or
emergency access and using reference to the previously approved Site Plan Review; 2) notice of the
Planning Commission hearing was either not given or inadequate; and 3) the applicant has not
demonstrated he has a right to construct or maintain sewage or drainage system on or to enter onto A & E
Union, Inc. owned property.
On February 2, 2006, the City Council considered and resolved access issues with the approval of Site
Plan Review No. 05-1641. In accordance with CEQA Section 15162, the use of a previously approved
Jeng
June 13. 2006, 5:10PM
S:IDanaladmin12006\JuneI6-21-6736.appeal.doc
-~._~-_.-
ADMINISTRATIVE REPORT
environmental document (e.g., the Negative Declaration approved for the Site Plan Review) is appropriate
and no further environmental documentation is necessary because no changes to the project as evaluated
in the general plan amendment and zone change are proposed, there are no substantial changes in
circumstances under which the project will be undertaken and no new environmental impacts have been
identified.
Notice of the Planning Commission's public hearing on the tract was sent to A & E Union at the address of
record in the County of Kern's Assessors Office. The notice was not retumed as undeliverable. A & E
Union had constructive notice of the public hearing because of a phone conversation between an A & E
Union employee and City staff on the day of the hearing, and A & E's submittal of a letter in opposition
prior to the hearing.
The developer submitted several documents (on file in the City Clerk's Office) that demonstrate 1) the
project has permission from Olcese Water District to tie into the Casa Club Dr. sewer trunk line; 2) the
actual easement documents that provides for utility connection to the sewer line; and 3) an easement in
favor to the City for maintenance of the sewer line. In addition, the subject property has been paying
sewer assessment since the inception of the assessment district.
The developer has submitted a letter that states their position that the project is entitled to connect to the
sewer line in Casa Club Drive. This letter also summarizes the previous approval on the Site Plan Review
portion ofthis project has received from the City. (Letter attached in Background Material).
Conclusion:
The Planning Commission approved Tentative Tract 6736 in compliance with the Subdivision Map Act and
local ordinances; the appellant has constructive notice of the Planning Commission's public hearing; and
the developer has provided evidence on the record that sewer and drainage facilities may be provided to
the project site.
Staff recommends upholding the Planning Commission's decision to conditionally approve the tentative
tract map and deny the appeal.
S:ladmln\6-21-6736.appeal
Jeng
June 14, 2006, 10:3OAM
S:\Danaladminl2006\June\6-21-6736.appeal.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 21,2006
AGEN~~ SECTION: Reports
ITEM: II") .C\,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attomey
June 9, 2006
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
J/C:-
J/t:
CITY MANAGER A1
SUBJECT: Resolution Adopting Council Policy Regarding Councilmember Reimbursement for
Expenses (AB 1234)
RECOMMENDATION:
Legislative and Litigation Committee Recommends Adoption
BACKGROUND:
AB 1234 (Salinas) became effective January 1, 2006. This bill requires cities (including charter
cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets
forth the parameters under which such reimbursement may be received and what expenses qualify. In
addition, the new law requires that Councilmembers who are eligible for reimbursement complete a two-
hour ethics class by January 1, 2007.
In order to promptly comply with AS 1234, City Council approved a resolution recommended by the
Legislative & Litigation Committee meeting at its regularly scheduled City Council meeting on February 22,
2006. It was understood that the Legislative & Litigation Committee would continue to review and revise
the Resolution in order to develop language that provided for advance reimbursement for specific
situations.
The attached red-lined version contains the recommended changes, as approved by the
Legislative and Litigation Committee, to the Resolution. In summary, the Resolution now provides a list of
specific events (see Exhibit A to the Resolution) for which the Mayor and Council members may receive
advance reimbursement. If the Mayor or a City Council member desires to be reimbursed for an event that
is not listed on Exhibit A, such reimbursement must be approved by a majority of the City Council, either in
advance or Bubsequent to an event. The Resolution also requires that recipients of reimbursement must
complete an expense report to the appropriate legislative body, which is subject to public disclosure, and
subject to certain lodging, meal, travel, and incidental expense limitations. Finally, the Resolution clarifies
that for City of Bakersfield legislative members, other than the Mayor and City Council, expenses are
reimbursed at the discretion of the City Manager.
If approved, the Resolution should be placed in City Council's Policy and Procedure Manual and
replace, in its entirety, the previous Resolution on the topic.
VG;do
S:\COUNCIL\Admins\OS..06 Admins\3AB 1234.doc
June 9, 2006·8:13 AM
e
ADMINISTRATIVE
REPORT
MEETING DATE: June 21, 2006
AGENDA SECTION: Deferred Business
ITEM: ILP.Ct.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD #t
DATE: June 13, 2006 CITY ATTORNEY
CITY MANAGER fk,
I
SUBJECT: Fiscal Year 2006-07 Budget:
1. Resolution Approving and Adopting the City of Bakersfield Operating and Capital
Improvement Budget.
2. Resolution Approving and Adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution Establishing the City of Bakersfield Appropriations Limit.
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
Attached are the resolutions adopting the Fiscal Year 2006-07 City of Bakersfield and Bakersfield
Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets which total $521,735,718.
The budget reflects a significant increase due to the funding of the Thomas Roads Improvement Program
(TRIP) of $49,800,000 for FY 2006-07; increased capital projects including roads, fire stations, parks and
other projects; and increases in staffing to address community growth.
The City of Bakersfield budgets total $504,168,199, with the Operating Budget including transfers totaling
$362,900,799, and the Capital Improvement Budget totaling $141,267,400.
The Bakersfield Redevelopment Agency budgets total $17,567,519 with the Operating Budget totaling
$17,267,519, and the Capital Improvement Budget totaling $300,000.
The proposed budget amounts above reflect two changes from the Proposed Fiscal Year 2006-07 budget
presented to the City Council on May 10, 2006. The first is a modification to the Capital Improvement
Budget for the Wests ide Parkway project currently budgeted at $11,250,000. Staff has recommended the
allocation of $5 Million of these funds to be used for a new Westside Parkway Construction project and that
the balance of the these funds of $6,250,000 plus and additional $1,300,000 in increased allocations due to
revised KernCog funding be budgeted for the Westside Parkway - PS&E (for a total of $7,550,000). The
JWS:al
6/1312006 8:29 AM
S:\06-07BUDPROIBudget Adoption Admin - 062106.doc
ADMINISTRATIVE REPORT
Page 2
second modification is a technical budget amendment which reflects a transfer from the Domestic Water
Fund to the Agricultural Water Fund. This interfund transfer is necessary to recognize the 75% contribution
of $805,098 by the Domestic Water Fund towards bond payments made within the Agricultural Water Fund.
The debt payments were included in the Proposed Budget document, however, the transfer was not
included.
The resolution adopting the Fiscal Year 2006-07 Appropriations Limit of $230,000,900 is also included with
this administrative report as required by State law.
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JUNE 5, 2006
City Council Chambers
1501 Truxtun Avenue
Department Budget Presentation Meeting - 12:00 noon
BUDGET MEETING
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Maggard (seated at 12:10 p.m.),
Couch (seated at 12:26 p.m.), Hanson,
Scrivner
Absent:
Sullivan
2. DEPARTMENT BUDGET PRESENTATIONS
a. City Attorney
City Attorney Gennaro provided handouts, gave
a computer presentation and introduced the four
new Associate Attorneys.
Councilmember Hanson requested information
regarding the cost savings of utilization of outside
counsel verses inside staff. City Attorney Gennaro
responded.
Councilmember Hanson requested information
regarding the penalties in plea bargains for
community prosecution cases and implementation
of means to discourage repeat offenses. Assistant
City Attorney Scanlan and City Attorney Gennaro
responded.
Councilmember Carson requested information
regarding eminent domain cases. City Attorney
Gennaro responded.
Councilmember Benham requested staff provide a
written analysis of savings due to the utilization of
outside counsel.
Bakersfield, California, June 5, 2006 - Page 2
2. DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.a. continued
Councilmember Benham requested staff investigate the
possibility of junior staff attorneys obtaining mentoring
from the staff of Clifford and Brown. City Attorney
Gennaro responded.
Councilmember Benham requested quarterly reports
on community prosecution statistics be provided the
Legislation and Litigation Committee; additionally
dismissed cases be clearly indicated, creative penalties
be imposed on community offenses and repeat
offenders be tracked.
Vice-Mayor Maggard requested staff analyze the need
for a shared administrative assistant in the City
Attorney's office and Risk Management.
Vice-Mayor Maggard requested staff review
implementing a work release program for perpetrators
of community offenses.
Mayor Hall requested information regarding
tracking of graffiti offenders. City Attorney Gennaro
responded.
Council member Scrivner provided information
regarding a work release program.
b. Public Works Department
Public Works Director Rojas provided handouts and
gave a computer presentation. Engineer Arnold
Ramming gave the CIP presentation.
Councilmember Hanson requested a
comparison analyzing costs of leasing
purchasing of equipment.
written
versus
Councilmember Hanson requested information
regarding how the increases in yearly fees for refuse
disposal are determined. Public Works Director
Rojas and City Manager Tandy responded.
Vice-Mayor Maggard requested information
regarding the design of Fire Station Five and
requested assurance that the City retains ownership
of building plans for City structures. Public Works
Director Rojas responded.
ACTION TAKEN
2.
Bakersfield, California, June 5, 2006 - Page 3
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.b. continued
Vice-Mayor Maggard requested staff evaluate the
feasibility of utilizing community offenders to
cleanup graffiti and illegal dumpsites.
Vice-Mayor Maggard requested information regarding
the advisability of revising titles and compensation
levels in order to entice new engineering talent to the
City; the feasibility of using the measures implemented
in the City Attorney's as a model and consulting
various professional groups to assess the necessity of
recruiting outside the City. City Manager Tandy
responded.
Councilmember Carson requested information
regarding the progress of plans for Fire Station
No.5. Public Works Director Rojas responded.
Councilmember Carson made comments regarding
the proposed indoor roller hockey rink at Saunders
Park. City Manager Tandy responded.
Councilmember Carson requested information
regarding funding for sewer hook-ups in the
McDonald Way area: the purpose of the sewer
Enterprise Fund; information regarding buffer zones
around sewer treatment plants and techniques for
treating sewage that maintain the best interest of the
City. City Manager Tandy and Public Works
Director Rojas responded.
Councilmember Benham complimented the Public
Works Department, particularly Streets and Graffiti
for their accomplishments during the past year.
Councilmember Benham requested information
regarding when specifics of the Centennial Loop
and the 24'h Street Alignment will be available.
Public Works Director Rojas responded.
Councilmember Benham expressed support for the
addition of a third shift for anti-graffiti removal
and the transition of the greenwaste facility
from diesel fuel to clean electric.
Councilmember Couch requested clarification
regarding the alignment of the bikepath near the Allen
Rd. Bridge; possible improvements and the addition of
the project to the CIP list.
ACTION TAKEN
Bakersfield, California, June 5, 2006 - Page 4
2.
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.b. continued
Councilmember Couch requested information
regarding potential purchase of houses along 24th
Street. City Manager Tandy responded.
Councilmember Couch thanked the Streets Division
for record repaving this past year.
Counci/member Couch requested staff clearly delineate
in the final budget presentation that much of the
increase in the City's budget for the coming fiscal year
are due to monies from the Thomas Roads Project
flowing through the City of Bakersfield and that taxes
are not being raised to fund the roads projects.
Mayor Hall requested information regarding a
completion date for Chester Ave. streetscape from
24th St. to the Garces Circle. Public Works Director
Rojas responded.
Mayor Hall requested information regarding
traffic signals being connected to the
communications center and the bearing that would
have on synchronization. Public Works Director
Rojas respond.
c. Water Resources
Water Resources Manager Core gave a
presentation and provided handouts. Water
Superintendent Lambert gave an agricultural water
overview. Maurice Randall, Business Manager
provided the domestic water overview.
Counci/member Couch requested the
Department arrange a ceremony in honor
retirement of the 1976 water bond in December.
Water
of the
Councilmember Couch requested information
regarding the water availability fees and the vesting
issue. City Attorney Gennaro and Water Resources
Manger Core responded.
Councilmember Couch requested information
regarding the water level in the Kern River. Water
Resources Manager Core responded.
ACTION TAKEN
Bakersfield, California, June 5, 2006 - Page 5
2.
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.c. continued
Councilmember Carson requested information
regarding storing of water underground and the
safety of the Lake Isabella Dam. Water Resources
Manager Core responded.
Council member Hanson requested information
regarding photographs used in the presentation.
Water Resources Manager Core responded.
Councilmember Benham expressed appreciation for
the efforts of the Water Department staff.
d. Economic and Community Development.
Economic and Community Development Director
Kunz made introductory comments and introduced
Business Manager Barnhard who made the
presentation and provided handouts. Director Kunz
provided an overview of the Redevelopment Project
Areas.
Council member Benham made comments regarding
condo conversion and acquiring a grocery store in
the downtown area.
Councilmember Benham requested staff research
means of incorporating recreational facilities for
seniors in the design of the downtown area and report
back to Council.
Councilmember Benham requested a Federal
Courthouse be included in the City's creative vision for
the downtown area.
Councilmember Benham requested staff provided
drawings from the Architectural Advisory Committee
for the City Center Project to those working on the City
Place Project.
Council member Carson requested information
regarding a Development Agreement for the area
Economic and Community Development
Director Kunz responded.
ACTION TAKEN
Bakersfield, California, June 5, 2006 - Page 6
2.
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.d. continued
Council member Carson requested information
regarding infill housing and the Bakersfield College
Foundation. Economic and Community Director
Kunz responded.
Councilmember Carson requested information
regarding the Southeast Bakersfield Revitalization
Project. Economic and Community Director
Kunz responded.
Councilmember Couch requested project funding
information. Economic and Community Director
Kunz responded.
Councilmember Couch requested information
regarding the financing of the Rabobank Arena and
the life of the Downtown Redevelopment Project
Area. Finance Director Smith, Economic and
Community Director Kunz and City Manager
responded.
e. Recreation and Parks Department
Recreation and Parks Director Hoover gave a
presentation and provided handouts.
Council member Hanson complimented the Parks
Division regarding the quality of work performed in
Maintenance Districts in Ward 5.
Councilmember Benham requested staff critique the
effectiveness of performance of the Urban Forestry
Supervisor position as it relates to Development
Services and progress on the approved tree list, to
assure the position meets the revised standards.
Councilmember Carson requested staff explore City
sponsored activities for County owned Casa Loma
Park.
Councilmember Carson requested staff explore indoor
events for MLK utilizing the gym.
Council member Carson requested information
regarding donations for the MLK After School
Program. Recreation and Parks Director Hoover
and City Manager Tandy responded.
ACTION TAKEN
Bakersfield, California, June 5, 2006 - Page 7
2.
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.e. continued
Council member Couch requested information
regarding utilizing a Neighborhood Watch style
program for City parks. Recreation and Parks
Director Hoover responded.
Councilmember Couch requested staff review the
possibílíty of installíng a giant chess board such as the
one in Morro Bay.
3. PUBLIC STATEMENTS
None.
4. ADJOURNMENT
Meeting was adjourned by Mayor Hall at 3:41 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
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 7, 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, Councilmembers Carson,
Benham, Couch, Hanson, Sullivan (seated at
5:20) Scrivner
Absent:
Vice-Mayor Maggard
2. PUBLIC STATEMENTS
3. WORKSHOPS
a. Budget Presentation - Rabobank Arena, Theater
and Convention Center.
Rabobank Arena, Theatre, Convention Center and
Bakersfield Ice Sports Center General Manager
Womack made a computer presentation.
Council member Hanson requested information
regarding the total savings at the complex.
Rabobank Arena, Theatre, Convention Center and
Bakersfield Ice Sports Center General Manager
Womack responded.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One case)
Bakersfield, California, June 7, 2006 - Page 2
4.
CLOSED SESSION
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Anthony Campbell, et al v. City, et al.
2. Victoria Rosales, etc. v. City, et al.
3. Elizabeth Ann Peel, et al v. City, et al.
4. Bakersfield Citizens for Local Control v.
City/Castle & Cooke.
5. Bakersfield Citizens for Local Control v.
City/Panama 99 Properties.
6. John M. Tarabino, et al v. City.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:31 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:45 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson.
Benham, Couch, Hanson, Sullivan, Scrivner
Absent:
Vice-Mayor Maggard
6. INVOCATION by Pastor Billy Woods, Hope Christian Center.
7. PLEDGE OF ALLEGIANCE by Latalia Alexander, 5th Grade
student at Van Horn Elementary School.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One case)
ACTION TAKEN
CITY ATTORNEY
GIVEN DIRECTION
Bakersfield, California, June 7, 2006 - Page 3
8.
CLOSED SESSION ACTION continued
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1.
Anthony Campbell, et al v. City, et al.
2.
Victoria Rosales, etc. v. City, et al.
3.
Elizabeth Ann Peel, et al v. City, et al.
4.
Bakersfield Citizens for Local Control v.
City/Castle & Cooke.
5.
Bakersfield Citizens for Local Control v.
City/Panama 99 Properties.
6.
John M. Tarabino, et al v. City.
9. PRESENTATIONS
a. Presentation by Mayor Hall to the family of former
City Councilmember Don Doolin.
Councilmember Sullivan accepted the Certificate of
Condolence and made comments.
10. PUBLIC STATEMENTS
a. Thomas G. Lewis, President of the Korean War
Veterans Association spoke regarding the Korean
War Memorial.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 15 2006, Budget
Meeting and May 24, 2006, Regular City Council
Meeting.
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, June 7, 2006 - Page 4
12.
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from May 12,
2006 to May 25, 2006 in the amount of
$8,309,225.29 and self insurance payments from
May 12, 2006 to May 25, 2006 in the
amount of $121,967.17.
Ordinances:
c. First Reading of Ordinances:
Amending Sections 8.80.060, 8.80.080,
8.80.090,8.80.100,8.80.110, and deleting
Section 8.80.12 of the Municipal Code
relating to nuisance abatement.
2. Amendment Sections 15.04.120, 15.20.010,
15.24.010 and 15.24.020 of the
Municipal Code relating to building and
construction issues.
1.
d. Adoption of Ordinance amending Section 14.04.120
of the Municipal Code relating to water rates and
fees.
e. Adoption of Ordinance amending Sections 1.12.030,
1.12.040 and 1.12.050 of the Municipal Code by
adding Annexation No. 467 to Ward 3, Annexation
Nos. 484 and 490 to Ward 4 and Annexation No.
440 to Ward 5.
Resolutions:
f. Resolution opposing Assembly Bill 1899 (Wolk)
relating to flood protection assessments for
new developments.
g. Sale of Surplus Real Property located north of Taft
Highway and east of Ashe Road:
1.
Resolution declaring real property surplus to
the needs of the City.
Agreement with State of California -
Department of Transportation to sell surplus
real property to them for $45,000.00.
2.
ACTION TAKEN
FR
FR
ORD 4344
ORD 4345
RES 155-06
RES 156-06
AGR 06-143
DEED 6424
Bakersfield, California, June 7, 2006 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
h. New Positions, New Job Specification and Change
to Salary Schedule:
1. Authorize one (1) Management Assistant
position in the City Manager's Office.
2. Authorize one (1) Accounting Clerk 1/11
position in the Human Resources Division.
3 Authorize two (2) Human Resources Analyst
I positions in the Human Resources Division.
4. Amendment NO.3 to Resolution No. 049-06 RES 049-06(3)
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits for Management Assistant.
5. New Job Specification for Management
Assistant.
i. Resolution of Intention No. 1459 to add territory, RO/1459
Area 4-55 (Barbera, Chardonnay NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
j. Tract Maps and Improvement Agreements: AGR 06-144
1. Final Map and Improvement Agreements AGR 06-145
with Ennis Homes, Inc. for Tract 6056 AGR 06-146
Phases 3 & 6 located east of Jewetta AGR 06-147
Avenue and north of Reina Road.
2 Final Map and Improvement Agreement with AGR 06-148
Castle & Cooke California, Inc. for Tract
6250 Phase 8 located north of Stockdale
Highway and west of Jewetta Avenue.
3. Final Map and Improvement Agreement with AGR 06-149
JP/CP Development, Inc. for Tract 6295
Phase 1 located south of Brimhall Road and
east of River Ranch Drive.
k. Agreement with The Tree Foundation of Kern, which AGR 06-150
specifies duties and responsibilities of each party for
the planting and maintenance of the Memorial Tree
Grove located at Manor and Denise Streets.
Bakersfield, California, June 7, 2006 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
I. Bakersfield Municipal Airport: REMOVED FOR
SEPARATE
1. Agreement with Richard Macias, Sr. ($40.00 CONSIDERA TlON
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
2. Agreement with Mark Manda ($40.00
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
m. General Plan Amendment/Zone Change No. 05-
1692 (Flying Seven Ventures, LLC) bounded by
Panama Lane, Allen Road, Taft Highway and Heath
Road:
1 Agreement with Flying Seven Ventures, LLC AGR 06-151
(need amount) for the preparation of an
Environmental Impact Report (EIR) and
appropriate $139,969.00 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
2. Agreement with Jones & Stokes AGR 06-152
Associates, Inc. ($139,969.00) to prepare an
EIR for General Plan Amendment/Zone
Change No. 05,1692.
n. Transportation Impact Fee Agreement with Forum AGR 06-153
Capital Management, LLC for
improvements on the southeast corner of Panama
Lane and Stine Road (estimated impact
fee credit $27,602.00).
o. Agreement with The Charles N. Sikakis Chapter of AGR 06-154
the Korean War Veterans Association, Inc. which
specifies duties and responsibilities of each party for
the provision, installation and maintenance of a
Korean War Memorial located at Jastro Park.
p. Agreement with Union Pacific Railroad Company AGR 06-155
($5,650.00) for street improvements at the
at-grade rail crossing on Union Pacific Railroad
BuUonwillow Branch at Mountain Vista Dr.
q. Agreement with Union Pacific Railroad Company AGR 06-156
($4,500.00) for street improvements at the
at-grade rail crossing on the Union Pacific Railroad
BuUonwillow Branch at Akers Road.
Bakersfield, California, June 7, 2006 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
r. Agreement with Castle & Cooke, Inc., Bolthouse AGR 06-157
Properties, LLC and Kern County Water Agency for DEED 6425
land exchange and water development.
s. Subdivision Plan Checking Services:
1. Amendment NO.1 to Agreement No. 06-019 AGR 06-019(1)
with Willdan ($100,000.00; total not to
exceed $180,000.00) for plan checking
services.
2. Appropriate $100,000.00 additional plan
check revenue to the Public Works
Department Operating Budget within the
Development Services Fund.
t. Amendment NO.1 to Agreement No. 02-161 AGR 02-161(1)
($440.00/month) with the Housing Authority of
the County of Kern for leased space at 1630 E. 11 th
Street.
u. Amendment NO.1 to Agreement No. 03-181 AGR 03-181(1)
($1,575.00) with the Andre Family Rentals for
leased space at 1420 G Street.
v. Amendment NO.1 to Agreement No. 05-195/RA05- AGR 05-195(1)
002 (Sub-Recipient Agreement) with the
Bakersfield Redevelopment Agency for the
commitment of $1,635,000.00 HOME Investment
Partnership Funds earmarked for affordable housing
in the Baker Street Mixed Use Project.
Bids:
w. Reject all bids for the annual contract - asphalt
materials.
x. Accept bid and award contract to Target Specialty AGR 06-158
Products (not to exceed $245,000.00) for
the annual contract - insecticides and herbicides.
y. Accept bid and award contract to Gilliam & Sons AGR 06-159
(not to exceed $1,000,000.00) for the
annual contract - earthmoving and hauling.
Bakersfield, California, June 7, 2006 - Page 8
12.
CONSENT CALENDAR continued
z. Sewer Main Construction between Wastewater
Treatment Plant #2 and Oswell Street to
Redbank Road:
Accept bid from Prianha Pipe & Precast
($3,556,109.70) for the purchase of sewer
pipe and manhole tee sections for project.
2. Appropriate $2,000,000.00 Wastewater
Treatment Plant NO.2 fund balance to the
Capital Improvement Budget within the
Sewer Enterprise Fund.
1.
Miscellaneous:
aa. Authorize the Finance Director to forward to a
collection agency, accounts receivable in
various funds totaling $124,597.63.
bb. Appropriate $500.00 contribution (mini-grant)
received from Jim Burke Education Foundation
to purchase computer software for students use at
the Dr. Martin Luther King, Jr. Community Center to
the General Fund in the Recreation & Parks
Department Operating Budget.
cc. Revised job specification for Business Manager.
dd.
Grant of Easements to the Kern Delta Water District
for an underground pipeline in Granite Pointe Park
and an adjoining sump located north of McKee
Road west of Highway 99.
Assistant City Clerk Gafford announced corrections
to backup for item 12.0. and item 12.d. with
technical corrections to subsection "C" of the
Ordinance to read as follows: "All applicants for
service where availability fees are to be paid shall
sign a domestic water service contract and pay the
required fee at final map recordation. No final map
allowing construction shall be recorded prior to
payment of proper fees for water service."
Motion by Councilmember Couch to approve Consent
Calendar items 12.a. through 11.dd, with the removal of
item 12.1. for separate consideration.
ACTION TAKEN
AGR 06-160
DEED 6426
DEED 6427
APPROVED
AS MAGGARD
Bakersfield, California, June 7, 2006 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
I. Bakersfield Municipal Airport:
1. Agreement with Richard Macias, Sr. ($40.00
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
2. Agreement with Mark Manda ($40.00
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
Councilmember Carson stated that the time allotted the
FAA to review the item has not expired and therefore
requested the item be tabled and reviewed by the
Budget and Finance Committee to ascertain a date
certain to begin accepting the contracts.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution adopting RES 157-06
proposed commercial refuse rate increase
(5.4%) for Fiscal Year 2006/07.
Assistant City Clerk Gafford announced no protest
letters were received regarding this item.
b. Public Hearing to consider resolution adopting RES 158-06
proposed residential refuse rate increase
(5.4%) for Fiscal Year 2006/07.
Assistant City Clerk Gafford announced thirty-two
letters were received in protest to, the proposed rate
increase.
c. Public Hearing to consider resolution adopting RES 159-06
sewer connection fees pursuant to Section
14.12.380 of the Municipal Code.
Assistant City Clerk Gafford announced no
correspondence was received regarding this item.
d. Public Hearing to consider resolution establishing REMOVED FOR
sewer service user charges and fees for Fiscal Year SEPARA TE
2006-07. CONSIDERA TION
Assistant City Clerk Gafford announced forty-one
letters were received in protest to, and one in favor
of the proposed rate increase.
Bakersfield, California, June 7, 2006 - Page 10
13.
CONSENT CALENDAR HEARINGS
e.
Public Hearing to consider resolution setting
domestic water availability fees.
Assistant City Gafford announced no
correspondence was received regarding this item.
f. Public Hearing to consider an increase in the
monthly readiness-to-serve charge and
quantity rate for the City Domestic Water System.
1.
Resolution establishing domestic water rates
for Ashe, Fairhaven and Riverlakes
Ranch service areas of the City Water
System.
Assistant City Clerk Gafford announced two letters
were received in protest to the proposed rate
increase.
g. Protest Hearing as required by Resolution of
Intention No. 1453 regarding the assessments
for twelve (12) Traffic Signal Maintenance Districts.
1.
Resolution approving and adopting the
Public Works Director's Report for twelve
(12) Traffic Signal Maintenance Districts and
the 2006-07 budgets, confirming the
assessments and authorizing collection of
assessments by the Kern County Tax
Collector.
h. Protest Hearing as required by Resolution of
Intention No. 1454 regarding the park
landscaping assessments for the Consolidated
Maintenance District.
1.
Resolution approving and adopting the
Public Works Director's Report for the
Consolidated Maintenance District and the
2006-07 budget, confirming the park
landscaping assessments and authorizing
collection of assessments by the Kern
County Tax Collector. (Rates increase only
for new developments.)
ACTION TAKEN
RES 160-06
RES 161-06
RES 162-06
RES 163-06
Bakersfield, California, June 7, 2006 - Page 11
13.
CONSENT CALENDAR HEARINGS
i. Protest Hearing as required by Resolution of
Intention No. 1455 regarding the street
landscaping assessments for the
Consolidated Maintenance District.
1.
Resolution approving and adopting
the Public Works Director's Report
for the Consolidated Maintenance
District and the 2006-07 budget,
confirming the street landscaping
assessments and authorizing
collection of assessments by the
Kern County Tax Collector. (Rates
increase only for new developments.)
Hearing opened at 7:05 p.m.
No one spoke.
Hearing closed at 7:07 p.m.
Motion by Councilmember Couch to approve Consent
Calendar Hearings 12.a. through 12.i. with the removal
of item 13.d. for separate consideration.
14. HEARINGS
a. Public Hearing to consider FY 2006-07 Operating,
Bakersfield Redevelopment Agency and Capital
Improvement Program Budgets.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7: 11 p.m.
No one spoke.
Hearing closed at 7: 11 p.m.
ACTION TAKEN
RES 164-06
APPROVED
AS MAGGARD
Bakersfield, California, June 7, 2006 - Page 12
14.
HEARINGS continued
b. Continued public hearing to consider General Plan
Amendment/Zone Change 05-1450;
SmithTech/USA Inc., representing Michel &
Margaret Ann Etcheverry Family Limited
Partnership (property owner) has applied for a
general plan amendment and zone change on
approximately 66.25 acres located on the south side
of Seventh Standard east of the Calloway Canal.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on
approximately 66.25 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 101-01 from A (Agriculture) to R-1
(One Family Dwelling) on approximately
66.25 acres.
2.
Assistant City Clerk announced correspondence
was received from staff regarding the item.
Development Service Director Grady made staff
comments.
Public Works Director Rojas read the following
condition into the record: "Upon fifty percent
completion of development within the General Plan
Amendment area, developer shall construct a
necessary bridge on Jewetta Avenue crossing the
Calloway Canal. Said bridge shall be designed and
constructed to ultimate width necessary to support
full arterial section. In addition to the bridge
construction developers shall acquire right of way
for the west side of Jewetta south of the General
Plan Amendment area from its south boundary to
Snow Road. Said right of way shall be for the full
half road including the area necessary for the
expanded intersection of Jewetta and Snow Road.
Developers will also be required to construct the full
west half of Jewetta from its south boundary to
Snow Road including six foot high masonry block
wall.
ACTION TAKEN
RES 165-06
FR
Bakersfield, California, June 7, 2006 - Page 13
14. HEARINGS continued
Item 14.b. continued
All above improvements shall be placed within
a major bridge and thoroughfare district prior to the
recordation of a subdivision map to have a cost
proportionately distributed within the district area to
be bounded by Snow to the south, 7th Standard to
the north, Old Farm to the west and the Friant-Kern
canal to the east."
Hearing opened at 7:14 p.m.
Dennis McClain and Clayton Yeary spoke in
opposition to the staff recommendation.
Bob Smith, SmithTech/USA, spoke in favor of the
staff recommendation.
Motion by Councilmember Couch to approve the staff
recommendation including the condition read by Mr.
Rojas and the condition that there will be no two-story
houses constructed on the north side of the three
hundred foot canal easement.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-1453;
SmithTech/USA, Inc., representing Breckenridge
Development Co., Inc., (property owner) has applied
for a general plan amendment on 90 acres, located
at the east side of Coffee Road, north of Snow
Road, and west of the Beardsley Canal.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on 90 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-04 from A (Agriculture) to R-1
(One Family Dwelling) on 90 acres.
Staff comments by Development Services Director
Stan Grady who advised the Council the project
applicant is requesting that the matter be continued
to next GPA cycle.
ACTION TAKEN
APPROVED
AS MAGGARD,
HANSON
Bakersfield, California, June 7,2006 - Page 14
14.
HEARINGS continued
Item 14.c. continued
Hearing opened at 7:42 p.m.
Bill Northrup, David Nelson, Mike Lewis, Rollie
Rhoades and Don Marian spoke in opposition to the
proposed project.
Bob Smith, SmithTechUSA, spoke in favor of the
proposed project.
Bill Northrup spoke in opposition rebuttal to
proceeding with the proposed project.
Hearing closed at 7:22 p.m.
Motion by Councilmember Couch to continue the issue
to the next GPA cycle on August 16,2006.
d.
Public Hearing to consider resolution establishing
sewer service user charges and fees for Fiscal Year
2006-07
Hearing opened at 7:59 p.m.
No one spoke.
Hearing closed at 8:00 p.m.
Councilmember Carson requested the Budget and
Finance Committee research granting a partial rebate
to senior citizens and disabled persons of fees charged
for sewer services.
Motion by Councilmember Carson to adopt the
Resolution.
15. REPORTS
a. Update on Isabella Dam and Flood Emergency
Operations within the City.
Water Resources Manger Core and Chief Rector
gave presentations/overviews.
Councilmember Benham requested staff evaluate the
feasibility of making evacuation route maps available in
public buildings.
ACTION TAKEN
APPROVED
AS MAGGARD
RES 166-06
APPROVED
AS MAGGARD
Bakersfield, California, June 7, 2006 - Page 15
15.
REPORTS continued
Item 15.a. continued
Councilmember Benham requested staff provide
information regarding Hwy. 99 and whether it is
elevated enough to spare the roadway from flooding.
Councilmember Benham requested Golden Empire
Transit be made an active participant in an emergency
evacuation response.
Councilmember Benham requested she be kept abreast
of public information campaigns pertaining to
emergency situations.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
1 B. MA VOR AND COUNCIL STATEMENTS
Councilmember Benham requested Streets repair
potholes in the alley between Truxtun and 1-r" Street in
the 2600/2700 block.
Councilmember Benham staff address concerns in the
2tf1' Street neighborhood, in the 500/600 block,
regarding alleged drug dealing and large items being
dumped in the alleys.
Councilmember Benham requested staff explore and
report back to Council regarding utilizing portable
photo radar equipment in neighborhoods with
speeding issues.
Councilmember Benham requested staff follow-up on
"modern flop houses" and recommend methods to
improve conditions at the Rankin Hotel.
Councilmember Benham requested the Legislation and
Litigation Committee review implementing
ordinances regarding derelict buildings and setting
time requirements for removal of graffiti by property
owners.
Councilmember Benham requested City Manager Tandy
contact her via telephone tomorrow.
ACTION TAKEN
Bakersfield, California, June 7,2006 - Page 16
18.
COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson requested staff review the
necessity of a stop sign at the intersection on
Shimmering Way and Mirage.
Councilmember Hanson requested information regarding
financial charge-off items. Finance Director Smith
responded.
Councilmember Scrivner requested Assistant City Manager
Christensen coordinate schedules with him.
Councilmember Couch requested staff assist him with
a response to the LAFco Director.
Councilmember Couch requested staff investigate
applying for a grant from the Rose Foundation.
Councilmember Couch requested the Neighborhood
Watch Program be promoted during City sponsored
events such as Movies in the Park and Concerts in the
Park.
19 . ADJOURNMENT
Mayor Hall adjourned the meeting at 8:46 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