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HomeMy WebLinkAbout08/30/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA AUGUST 30, 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. PRESENTATIONS a. Presentations by City Manager of Retirement Plaques to Alan Christensen and Carroll Hayden 3. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 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 RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Father Joseph Chaffee, St. George Greek Orthodox Church. 7. PLEDGE OF ALLEGIANCE by Michael Eller, 5th Grade Student at Standard Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Father Joseph Chaffee, Ms. Davida Delis and Mr. Ted Bundy, of St. George Greek Orthodox Church, proclaiming September 3-9, 2006, as "Greek Heritage and Festival Week". 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 16, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from August 4, 2006 to August 17, 2006 in the amount of $11,613,391.87 and self-insurance payments from August 4, 2006 to August 17, 2006 in the amount of $164,252.30. Ordinances: c. First reading of Ordinance amending Chapter 9.23 of the Bakersfield Municipal Code relating to loud and unruly events. 12. CONSENT CALENDAR continued (Ward 6) (Ward 4) (Ward 4) (Ward 2) (Ward 4 & 5) j. d. First reading of Ordinance amending Section ~ 1.12.060 by adding Annexation NO.4 77 to Ward 6, located east of Ashe Road, generally north and south of Taft Highway. .e. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-05) of the Municipal Code by changing the zoning from A (Agriculture) to C-1 (Neighborhood Commercial) on 15 acres located at the northwest corner of Snow Road and Coffee Road. (Applicant: SmithTech/USA, Inc. representing Bidart Brothers) (ZC 06-0258) (FR 08116/06) f. Adoption of Ordinance amending Section 5.48.020 of the Municipal Code relating to franchise rights. (FR 08116106) Resolutions: Verdugo Lane Planned Sewer Area: 1. Resolution adopting the Verdugo Lane 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 08116106) h. Econolite Autoscope Traffic Signal Video Detection Systems: g. i. 1. Resolution determining that video detection systems cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $130,000. 2. Approve the purchase of fifteen (15) Econolite Autoscopes from Econolite Control Products, Inc. (not to exceed $130,000). Trane HV AC Control Systems for the Convention Center and City Hall Annex: 1. Resolution determining that the HV AC Control Systems for the Convention Center and City Hall Annex cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $305,000. 2. Agreement with Trane Company ($305,000) to furnish and install Trane HV AC control systems for City Hall Annex and the Convention Center. Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution approving acquisition and disclosure agreements and authorizing changes thereto and execution thereof. 2. Acquisition and Disclosure Agreement with Low Land Assets, LP. 3. Acquisition and Disclosure Agreement with Lennar Homes of California, Inc. 4. Agreement with Castle & Cooke California, Inc. 2 (Ward 7) (Ward 4) (Ward 6) (Ward 5) (Ward 6) (Ward 2) (Ward 1) (Ward 1) (Ward 4, 7) 12. CONSENT CALENDAR continued k. Sale of Real Property 1. Resolution declaring real property located north of Berkshire Road, east of State Highway 99 surplus to needs of the City. 2. Agreement with Lennar Homes of California, Inc., a California corporation to purchase property located north of Berkshire Road, east of State Highway 99 for $80,000. I. Resolution reaffirming the City's Annexation Mission Statement and Amending the Pre- Application Process for Annexations. Resolution adding territory, Area 1-66 (Jewetta, Birchhaven SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-53 (Berkshire, Reliance SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-54 (Berkshire, Gosford SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-55 (Panama, Ashe SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-59 (Beale, E. 18th SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-60 (E. Brundage, Mt. Vernon 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. s. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. m. n. o. p. q. r. t. Resolution Authorizing the requisite city personnel to execute all documents required to access Section 108 Loan Guarantee Funds of $1.6 Million for Fire Station #5 Project. Agreements: u. Tract Map and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6367 Units 1 & 2 located east of Wible Road on Berkshire Road. 2. Final Map and Improvement Agreements with Olive Branch Community Church- Bakersfield for Tract 6399 located at the northwest intersection of Olive Drive and Old Farm Road. 3 12. CONSENT CALENDAR continued (Ward 6) (Ward 2) v. Agreement with Duane Morris, LLP, ($250,000) for outside legal services in the matter of North Kern Water Storage District v Kern Delta Water District, et al; and, City of Bakersfield v Kern Delta Water District (CEQA). Amendment NO.5 to Agreement No. 87-18 with Dreyer's Grand Ice Cream, Inc. to correct an error in the calculation of interest charges relating to the purchase of additional wastewater treatment and disposal capacity at Wastewater Treatment Plant No.3. x. Amendment NO.2 to Agreement No. 04-241 with CompuCom ($332,997.23) regarding software licenses. w. y. Agreement with Action Sports for use of a portion of the complex (Aquatic Center and Ice Center) for the purpose of selling hockey and swimming accessories. Bids: z. Accept bid from Central Valley Truck Center ($1,612,348.24) for seven (7) additional LNG automated front loaders. aa. Extend bids for pickup trucks from: 1. Jim Burke Ford, $307,571.41 for eight (8) replacement and thirteen (13) additional pickup trucks for the Development Services Department, Water Resources Department, Police Department, Recreation and Parks Department and Public Works Department Engineering Division. 2. Raceway Ford, $309,806.72 for five (5) replacement and seven (7) additional pickup trucks for Recreation and Parks Department and the Public Works Department Streets Division. bb. Accept bid from Best Buy Gov LLC ($41,515.40) for digital cameras for the Police Department and Public Works Graffiti Division. Accept bid from Hanson Pipe and Pre-Cast ($90,672.15) for the purchase of culvert for Kern Island Canal- Branch 1 (Hughes Lane and McCourry Street) Mountain Vista At-Grade Rail Crossing at the Union Pacific Railroad Buttonwillow Branch: 1. Accept bid and award contract to Griffith Company ($894,894). 2. Appropriate $700,000 Transportation Development Fund balance to the Capital Improvement Budget. Akers Road At-Grade Rail Crossing at the Union Pacific Railroad Buttonwillow Branch: 1. Accept bid and award contract to Griffith Company ($1,581,581). 2. Appropriate $468,000 Transportation Development Fund balance to the Capital Improvement Budget. ff. Annual Contract for Street Materials (Ward 7) cc. CNard 5) dd. (Ward 6,7) ee. CNard 1) gg. 1. Accept bid and award contract to Granite Construction (not to exceed $5,000,000). 2. Accept bid and award contract to AC Materials (not to exceed $2,500,000). Accept bid and award contract to AC Electric ($291,780.90) for the traffic signal and lighting system modifications on Stockdale Highway at Stine Road and Real Road. 4 12. CONSENT CALENDAR continued (Ward 6) Miscellaneous: hh. Appropriate $5,000 contribution from Castle & Cooke, Inc. to the Recreation and Parks Capital Improvement Budget within the Park Improvement Fund for Refurbishment of the Silver Creek Community Center located at 7011 Harris Road. ii. Appropriate $76,416.00 State Grant Revenue for the Waste Tire Clean Up Grant Program; $27,072.00 to the Development Services Operating Budget in the General Fund and $49,344.00 to the Solid Waste Operating Budget in the Refuse Fund. Staff recommends adoption of Consent Calendar items a through ii. 13. CONSENT CALENDAR HEARINGS (Ward 1) (Ward 6) a. Public Hearing to consider Resolution authorizing St. John Manor, L.P. to issue multifamily housing revenue bonds (not to exceed $5 million) for the rehabilitation of the St. John Manor Apartment located at 900 4th Street. Staff recommends adoption of resolution. b. Public Hearing to consider Development Plan Review No. 05-1897; Mcintosh and Associates, representing Castle and Cooke Development (property owner) has applied for development plan review on 11.94 acres located on the northeast corner of Ashe Road and Panama Lane. An appeal of the Planning Commission's decision was submitted by Mcintosh and Associates. Applicant withdrew appeal; no action required. 14. HEARINGS (Ward 5/6)* *- upon annexation a. Public Hearing to consider General Plan Amendment/Zone Change 05-1947; Banducci Land, LLC. (property owner) has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission's decision was submitted by Brent Dezember. 1. Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to R-1 (One-Family Dwelling) on approximately 46 acres. Staff recommends adoption of resolution and give first reading to ordinance. 5 14. HEARINGS continued (Ward 5) Continued Public Hearing to consider appeal by Leroy Petty of the Building Director's decision concerning construction of a carport at 3309 Spring View Street. 1. Resolution upholding the Building Director's decision requiring the applicant to apply for a zoning modification with the Planning Department and comply with the Board of Zoning Adjustment's ruling within 10 days or, if a zoning modification is not pursued, remove the carport within 30 days. (Continued from 7/19/06 meeting) Staff recommends adoption of resolution. b. 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, oD:-w4~ ~;\ K Alan Tandy City Manager 8/23/063:48 p.m. 6 -I "rnot 'C:"","",',"':I ... .~ ......,- ~ 1"'- ~~"".).i"~ AGENDA HIGHLIGHTS AUGUST 30, 2006 COUNCIL MEETING CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation. CONSENT CALENDAR Ordinances Item 12c. First Reading of an Ordinance Amending the MuniciDal Code Relatina to Loud and Unrulv Events. The current cost recovery provisions for such events are triggered when Police or Fire personnel respond to the same event twice within a 12-hour period. The revisions would extend this period to 30 days, and would allow recovery for a second or subsequent response within this time period after an initial warning is given. These provisions would also impose a civil penalty of $1,000 on persons responsible for loud or unruly events where alcohol is served to underage persons. The person responsible would be subject to the penalty even if he or she is not present at the time. The Legislative and Litigation Committee recommends approval. Resolutions Item 12h. Resolution Authorizinq the Finance Director to DisDense with the Bidding Procedure to Purchase Econolite AutoscoDe Traffic Signal Video Detection SYStems in an amount not to exceed $130.000. Econolite Autoscope Model 2004 Video Detection Systems are installed at 45 signal-controlled intersections and work in conjunction with the Econolite traffic controllers in monitoring and controlling traffic flow. Model 2004 has to be manually set on foggy days, then re-set when the weather clears, resulting in traffic delays. It has now been discontinued by Econollte, who also no longer supports the software component with upgrades and fixes. Model 2004 has been replaced with Model 2020. Staff plans to replace all of the Model 2004 units over a 3-year period. Replacement of the existing units with Autoscope equipment will enable the City to continue using the Econollte-compatible cameras and cabling. Item 12/. Resolution Authorizing the Finance Director to DisDense with the Bidding Procedure to Purchase HV AC Control SYStems for the Convention Center and City Hall Annex in an amount not to exceed $305.000. The HVAC equipment currently Installed in the City Hall Annex and Convention Center, among other locations, is manufactured by Trane Company. Installation of the Trane Tracer Summit Control Systems and associated mechanical equipment will allow staff to control the HVAC systems from a single location, and maintenance and repairs would be accomplished through a single supplier. Item 12k. Sale of Real ProDertv Located North of Berkshire Road. East of State Highwav 99 to Lennar Homes of California. Inc. for $80.000. In 1963, the State of California relinquished several properties to Kern County to create cul-de-sacs on the east-west roads that were severed with Highway 99 was constructed. Upon annexation, these properties transferred to the City. Lennar is currently subdividing the area and wishes to include .63 acres in their subdivision. The purchase price is the same rate the City paid Lennar earlier this year for park property. Item 121. Resolution Authorizing the Execution of Section 108 Loan Fund Documents for the Construction of Fire Station #5. Staff applied for and' received approval for $1.6 million in Section 108 Funds for the construction of this project. This is the next step in the process towards receiving those funds. ~~ Agenda Highlights August 30, 2006 y Page 2 Aareements Item 12w. Amendment No.5 to Aoreement No. 87-18 with Drever's Grand Ice Cream. Inc. to Correct an Error in the Calculation of Interest Charaes Relatino to the Purchase of Additional Wastewater Treatment and Disoosal Caoacitv at Wastewater Treatm~nt Plant No.3. On January 25, 2006, Dreyer's and the City entered into Amendment No.4, which provided for Dreyer's purchase of additional wastewater treatment and disposal capacity due to the expansion of their ice cream production facilities. The price for this additional sewer capacity totaled $6,762,047.82, plus 5% interest. Amendment No.4 provided for 14 semi- annual payments (7 years) of $498,233.25. A clerical error was discovered in "Exhibit A" of Amendment No 4. The payments on the schedule were improperly calculated as 14 monthlv payments rather than 14 semi-annual payments. All other terms and conditions remain the same. As a result, Dreyer's biannual payments will now be $578,402.07 rather than $498,233.25. A bill, totaling $160,337.64, has been sent to Dreyer's to adjust for the shortfall in the two previous billings in January 1, 2006 and July 1, 2006 ($80,168.82 per billing.) Bids Item 12%. Award Contract to Central Vallev Truck Center for Seven Additional LNG Automated Front Loaders in the amount of $1.612.348.24. The City of Fresno awarded a bid to Central Valley Truck Center, Fresno. The bid has provisions for other governmental agencies to piggyback on the bid, and the supplier has agreed to extend the bid price for the front loaders to the City of Bakersfield. This allows the City to obtain the necessary equipment, and save staff time and effort required if this item were to be bid. Item 1288. Extend Bids from Jim Burke Ford and Racewav Ford for Reolacement and Additional Pickuo Trucks for Various Deoartments in the amounts of $~07.571.41 and $309.806.72. resoectivelv. At the December 1, 2005 Council meeting, Jim Burke Ford was awarded the bid for the purchase of mid-size and % ton pickup trucks, and Raceway Ford was awarded the bid for the purchase of % ton and 1% ton pickup trucks. The specifications included a provision whereby, with written approval of both the bidder and City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bids. Jim Burke Ford will supply 8 replacement and 13 additional trucks for Development Services, Water Resources, Police, Recreation and Parks, and Public Works. Raceway Ford will supply 5 replacement and 7 additional trucks for Recreation and Parks, and Public Works/Streets Division. Extending these bids will allow us to get this equipment in service more rapidly. Items 12dd. and N. Award Contracts to Griffith Comoanv for the Mountain Vista and Akers Road At- Grade Rail Crossinos at the Union Pacific Railroad Buttonwillow Branch in the amount of. $894.894 and $1.581.581. resoectivelv. On August 19, 2004, the City received approval from the California Public Utilities Commission to construct new at-grade rail crossings at these locations. On March 30, 2005, the City entered into agreement with the Union Pacific Railroad and San Joaquin Valley Railroad for construction and maintenance of the new crossings. These projects consist of constructing pavement, curb, gutter, sidewalk and rail improvements within the railroad right-of-way. In addition, the Mountain Vista project will reconstruct and extend the existing Buena Vista Canal Culvert which crosses under the railroad diagonally through the intersection of Mountain Vista Road. The Akers Road project will include the installation of a pipe culvert in an existing canal underneath Akers Road. Staff will also be pursuing creation of a major bridge and thoroughfare district so that adjacent developers will reimburse the City for their share of the Akers Road project. Two acceptable bids were received for each project. Staff recommends award of each contract to Griffith Company. Item 12ff. Award Contracts to Granite Construction and AC Materials for the Street Materials Annual Contract in the amounts of $5.000.000 and $2.500.000. resoectivelv. Three acceptable bids were received. Staff recommends award to Granite Construction with a secondary award to AC Materials in the event Granite Construction is unable to supply product due to plant failure or low product availability. J./ Agenda Highlights August30,2006 Page 3 CONSENT CALENDAR HEARINGS Item 138. Resolution Authorizinc St. John Manor. L.P. to Issue Multi-Familv Housina Revenue Bonds for the Rehabilitation of the St. John Manor ADartment located at 900 4th Street in an amount not to exceed ~ million. St John Manor, LP is seeking tax-exempt financing from the California Statewide Communities Development Authority for approximately $5 million to rehabilitate a 79-unit low income-senior rental housing project located at 900 4th Street. This project was originally built in 1983 as a Section 202 senior apartment complex. The existing regulatory agreement requires that residents qualify as to income and age, and that the majority of the units are rent restricted as low-income units to ensure affordability. It is anticipated that the current residents will remain, with no relocations expected. The rehabilitation construction is anticipated to start January 2007, with a completion date of October 2007. The proposed bonding authority will allow St. John Manor to issue the tax-exempt rental housing revenue bonds to help in the financing of their project, and they will be responsible for the repayment of the bonds. The acquisition and renovation will be financed by tax-exempt bonds, with additional equity coming from the sale of 4% low income housing tax credits. None of the City's funds will be pledged for the repayment of these bonds. Item 13b. Public Hearinc to Consider an ADDeal of a DeveloDment Plan Review on 11.94 Acres Located on the Northeast Comer of Ashe Road and Panama Lane. A Development Plan Review is a requirement of development on the project site under the R-2/PUD zone. Mcintosh and Associates, representing Castle and Cooke Development, the property owner, proposed 81 small lot single-family residential units. The Site Plan Review Committee recommended conditions of approval. One condition requires refuse bins and enclosures. The applicant appealed this condition, asking instead for individual cart service that is typically used for single-family homes. The issues have now been resolved, and the appellant has withdrawn the appeal. HEARINGS Item 148. Continued Public Hearinc for a General Plan Amendment and Zone Chance on ADDroximatelv 46 Acres Located at the Northwest Corner of Gosford Road and. McKee Road (future). This Item was continued from the August 16, 2006 City Council meeting at the request of the applicant to allow more time to research the issues. The proposal would allow for the development of approximately 181 single-family homes. Item 14b. Continued Public Hearinc to Consider an ADoeal bv. Lerov PettY of the Buildina Director's Decision Conceminc Construction of a Caroort at 3399 SDrinc View Street. The applicant did not obtain the required building permit or meet setback requirements. Additionally, the carport is built on the property line, which creates a fire hazard. The applicant disputes these issues. This item was continued from the July 19, 2006 Council meeting to allow more dialogue between the applicant and staff. Staff recommends upholding the decision by the Building Director to comply with the Board of Zoning's requirements within 10 days, or remove the carport. Approved: ~ John W. Stinson, Assistant City Manager cc: DepanmnentHeads Rhonda Smiley, Public Infonnatlon OffIcer City Manager's File City Clerk's OffIce News Media File ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Presentations ITEM: :l. ~ . TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager August22,2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Presentations by the City Manager of Retirement Plaques to Alan Chris Hayden RECOMMENDATION: BACKGROUND: Alan Tandy, City Manager, will make presentations to: Alan Christensen, Assistant City Manager, for 10.42 years of services to the City; and Carroll Hayden, Human Resources Manager, for 10.75 years of service to the City. August 22, 2006, 11 :22AM S:\Admin Rpts\2006\Retirement Presentations 083006.dot AT:al ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Closed Session ITEM: LJ. a. . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Vb Vr;, ~ August 22,2006 SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3XA) of Government Code section 54956.9. VG:do S:\COUNCIL\CI Sess\Admins\06-07\08-30-06 Potential.dot August 22,2006. 10:04AM ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Presentations ITEM: q~ a.. . ./ { FROM: DATE: Mayor Harvey L. Hall August 17,2006 DEPARTMENT HEA CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council ~ SUBJECT: Presentation by Mayor Hall of Proclamation to Father Joseph Chaffee, Ms. Davida Delis and Mr. Ted Bundy, of St. George Greek Orthodox Church, proclaiming September 3-9, 2006, as "Greek Heritage and Festival Week". RECOMMENDATION: BACKGROUND: ndw August 17,2006, 3:18PM S:\MAYOR\ADMIN\2006\GREEK HERITAGE AND FESTIVAL WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: J d . a.. . TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk August 18, 2006 /\ ~PPROVED DEPARTMENT HE4g_~ CITY ATTORNEY CITY MANAGER c'S7AD SUBJECT: Approval of minutes of the August 16, 2006 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: /;J.. b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED August 17, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ ~ SUBJECT: Approval of department payments from August 4,2006 to August 17, 2006 in the amount of $11,613,391.87 and self insurance payments from August 4,2006 to August 17,2006 in the amount of $164,252.30. RECOMMENDATION: Staff recommends approval of payments totaling $11,777,644.17. BACKGROUND: RAR August 17, 2006, 3:25PM S:\Kim G\Forms & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: /.;). c . TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: August 18, 2006 SUBJECT: An Ordinance of the Council of the City of Bakersfield amending Chapter 9.23 of the Bakersfield Municipal Code relating to loud and unruly events. RECOMMENDATION: The Legislative and Litigation Committee recommends first reading of ordinance. BACKGROUND: The Legislative and Litigation Committee has been working to revise Chapter 9.23 of the Municipal Code to address loud or unruly events. The current cost recovery provisions for such events are triggered when police or fire personnel respond to the same event twice within a twelve hour period. The revisions proposed here would extend this period to thirty days, and would allow recovery for a second response or any subsequent response within this time period after an initial warning is given. The amount of recovery will be established each year pursuant to Municipal Code Section 3.70. (These revisions are underlined and shaded on the redlined ordinance.) It was suggested by a member of the community that a "Cool Parents" ordinance, similar to the one adopted by Kern County, also be considered for adoption. These provisions would impose a civil penalty on persons responsible for loud or unruly events where alcohol is served to underage persons. A responsible person is subject to the civil penalty of $1,000 even if he or she is not present at the time. (These provision additions are shown as underlined on the redlined ordinance.) August 17, 2006, 4:42PM S:\COUNCI L \Admins\06-07 Admins\9.23AddCooIParentsOrd.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SE~TION: Consent Calendar ITEM: I;;, cJ. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director August 7, 2006 APPROVED CITY ATTORNEY CITY MANAGER SUBJECT: First Reading of an Ordinance amending Bakersfield Municipal Code Section ~1.12.060 by adding Annexation No. 477 to Ward 6, located east of Ashe Road, generally north and south of Taft Highway. (Ward 6). RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 477 area into the corresponding Council Ward. The annexation was approved by LAFCO on May 23, 2006. Annexation No. 477 is located east of Ashe Road, generally north and south of Taft Highway. The site consists of 186.66 acres of land. The site is uninhabited. The property owner has requested annexation to receive city services. DL S:\Annexation\Ordinances\Admin Draft 8-30-06 , 477 Ann.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: / d. e. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director August 14,2006 APPROVED SUBJECT: Adoption of an ordinance approving a Negative Declaration and amend' Se ion 17.06.020 (Zone Map No. 102-05) of Title Seventeen of the Bakersfield Muni ipal Code by changing the zoning from A (Agriculture) to C-1 (Neighborhood Commercial) on 15 acres located at northwest corner of Snow Road and Coffee Road (ZC 06-0258 SmithTech/USA, Inc. representing Bidart Brothers) 0Nard 4) CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on August 16, 2006. On May 18, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from an A (Agriculture) zone to a C-1 (Neighborhood Commercial) zone on 15 acres. The reason for the request is to bring the zoning into conformance with the GC (General Commercial) General Plan land Use designation on the subject property. The site is relative flat and currently contains orchards. The site is proposed for neighborhood commercial uses. No one spoke in opposition to the project at the Planning Commission hearing. The applicant states the zone change is to provide retail commercial uses for the utilization of the nearby residences and community. The proposed zone change would promote orderly development by providing an adequate variation of retail establishments and services that conveniently serve the needs of residents in the immediate neighborhood and community. The proposed zone change is consistent with the site's General Plan Land Use designation of General Commercial. The General Plan identifies the land uses "generally" and the adoption of the zone change is based on actual legal descriptions. The project site is currently in the process of annexation to the City of Bakersfield as Snow No. 17, Annexation No. 563. The annexation is expected to be completed in approximately 12 to 18 months. Although no plans have been submitted, development of the project will be subject to conditional Site Plan Review approval for the commercial shopping center. Site Plan Review conditions will include, but not limited to, parking, landscaping, and perimeter walls. ADMINISTRATIVE REPORT Page 2 Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment of existing residential development in the area, therefore a Negative Declaration was prepared and advertised. An air quality study, cultural resources survey, and traffic impact evaluation were prepared for the project. Mitigation measures are included in the conditions of approval to reduce impacts to less than significant. Staff recommends approval of the zone change. Prepared by madams \ August 14, 2006 \ S:\Zonechange\06-0258\CC\Adminrpt-2nd Reading.Doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: / d. f, TO: Honorable Mayor and City Council FROM: DATE: Virginia Gennaro, City Attorney August 15,2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance amending Section 5.48.020 of the Bakersfield Municipal Code relating to franchise rights. RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: In 1965, the City granted CoxCom, Inc.'s ("Cox") predecessor a non-exclusive cable television franchise. In 1995, the City memorialized its television franchises with written agreements and adopted an ordinance setting forth the holders of such franchises. One of those agreements (No. 95-229) was between the City and Cox Communications Bakersfield, Inc., a subsidiary of Cox. In December, 2005, Cox notified the City that it had entered into an Asset Purchase Agreement with Cebridge Acquisition Co., LLC. One of the assets that Cebridge Acquisitions Co., LLC would be acquiring is the Bakersfield cable television franchise. Pursuant to that Asset Purchase Agreement, Cebridge Acquisition Co., LLC would assign the franchise to Cebridge Acquisition, LP, doing business as Cebridge Connections. Cebridge Connections provides cable services to residents and businesses in twenty states. Both Agreement No. 95-229 and the City Charter require the City Council to consent to the assignment of franchise rights. Cox and Cebridge submitted a binder-full of documentation regarding the transfer to the City. On April 5, 2006, the City Council adopted resolution number 093-06 consenting to the transfer on the condition that the sale was consummated, that Cox and Cebridge executed an assignment agreement and Cebridge provided the requisite insurance, business tax certificate and proof of right to conduct business in Bakersfield. The sale has been consummated, the assignment agreement has been executed and Cebridge has provided the requisite documents. First reading of the Ordinance occurred on August 16, 2006. August 15, 2006, 9:03AM S:\COUNCIL \Admins\06-07 Admins\cableordinanceandassignadopt.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: /a.Q, u TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ June 28, 2006 SUBJECT: Verdugo Lane Planned Sewer Area (yVard 4): 1. Resolution Adopting the Verdugo Lane Planned Sewer Area and Making Findings Thereto. 2. Adoption of an Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. RECOMMENDATION: Staff recommends adoption of Resolution and Ordinance. BACKGROUND: First reading of the Ordinance was given on August 16, 2006. The City is constructing a sewer trunk line extending from Brimhall Road at Verdugo Lane, north approximately 850 feet along Verdugo Lane. The area of benefit is generally described as both sides of Shellabarger Road from Calloway Drive to Pepita Way and including the parcel on the west side of Verdugo Lane between Shellabarger and Brimhall Road. Sewer Enterprise funds will be used to front the cost of the City's project. The funds collected as new and existing parcels within the area develop will be used to reimburse the Sewer Enterprise fund for the cost of the City's project. This resolution approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the Verdugo Lane 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 July 21, 2006, 8:30AM G:\GROUPDAT\ADMINRPT\2006\08-30\Verdugo PSA adopt.DOC ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: J;], A TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD~ CITY ATTORNEY~ CITY MANAGER ~ August 14, 2006 SUBJECT: Purchase of Econolite Autoscope Traffic Signal Video Detection Systems. 1. Resolution determining that the traffic signal video detection systems cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $130,000.00. 2. Approve the purchase of fifteen (15) Econolite Autoscopes from Econolite Control Products, Inc. in the amount of $130,000.00. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase. BACKGROUND: Econolite Autoscope Model 2004 Video Detection Systems are installed at forty-five (45) signal-controlled intersections in the City of Bakersfield and work in conjunction with the Econolite traffic controllers in monitoring and controlling traffic flow. The oldest of the video detection systems was installed in 1992. Each of the video detection systems is comprised of a processing unit, camera and cabling. Econolite Control Products, Inc. discontinued production of the Autoscope Model 2004 processing unit in 2002 and is no longer supporting the software component with upgrades and fixes. Additionally, the operating system of the Autoscope Model 2004, which is DOS-based, has limited processing capacity and the units have to be manually set on foggy days and then re-set when the weather clears, resulting in traffic delays. Econolite has replaced the Autoscope Model 2004 with the Autoscope Model 2020. Staff plans to replace all of the Autoscope Model 2004 processing units over a three-year period (15 per year) with Autoscope Model 2020. The Autoscope 2020 is windows-based and has four processing units which will allow a faster response to traffic and better fog recognition algorithm, thus facilitating better traffic flow throughout the City's traffic grid. Replacement of the existing video detection systems with the Autoscope Model 2020 will enable the City to use the existing Econolite-compatible cameras and cabling. Funds for the purchase of fifteen (15) replacement units are in the FY 2006-2007 Adopted Budget. Purchasing Division DW S:\PURCH\ADMIN\Autoscopes, Sole Source, August 30, 2006.doc Created on August 14, 2006 ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: / ;;), /. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENTHEAD~ CITY ATTORNEY~ CITY MANAGER cShn August 14,2006 SUBJECT: Purchase of Trane HVAC Control Systems for the Convention Center and City Hall Annex. (Ward 2) 1. Resolution determining that the HVAC Control Systems for the Convention Center and City Hall Annex cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $305,000.00. 2. Agreement with Trane Company ($305,000.00) to furnish and install Trane HVAC control systems for City Hall Annex and the Convention Center. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the Agreement. BACKGROUND: The HVAC equipment installed at City Hall, the City Hall Annex, the Convention Center and the Ice Sports Arena is manufactured by Trane Company. The HVAC equipment for each of these locations is controlled through separate, non-integrated control systems, manufactured by various companies. In an effort to increase efficiency, ease of operation and staff productivity, facilitate troubleshooting, maintenance and repair of the systems and increase control of the various HVAC systems located in these facilities, staff is recommending the installation of Trane Tracer Summit Control Systems at the Convention Center and City Hall Annex, as well as air handler upgrades in the City Manager's Office . Installation of the control systems and the associated mechanical equipment will allow staff to control the HVAC systems for the listed facilities from a single location and the maintenance and repair of the systems would be accomplished through a single supplier. Funds for the purchase are in the FY 2006-2007 Adopted Budget. Purchasing Division OW S:\PURCH\ADMIN\HVAC Control Systems for City Hall Annex and Convention Center, Sole Source, August 30, 2006.doc August 16, 2006, 9:18AM ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: I;;), /" (f TO: Honorable Mayor and City Council DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Assessment District No. 06-1, (Etcheverry/Lin II/University Park) 1. Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto and Execution Thereof. 2. Acquisition and Disclosure Agreement with Low Land Assets, LP. 3. Acquisition and Disclosure Agreement with Lennar Homes of California, Inc. 4. Acquisition and Disclosure Agreement with Castle & Cooke California, Inc. (Wards 4 & 5) FROM: DATE: Raul M. Rojas, Public Works Director August 16, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution and approval of Agreements. BACKGROUND: On August 6, 2006 the City Council approved Resolution of Intention 1473. The proposed assessment district is named (Etcheverry/Lin II/University Park) and is located in the following three subareas: 1. Etcheverrv: This subarea is located east of the Friant Kern Canal, south of 7th Standard Road, west of Calloway Drive and north of Snow Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer Low Land Assets, L.P. with acquisition of improvements upon completion. The improvements include the construction of curbs, gutters, sidewalks, grading, street lights, storm drains, block walls and paving improvements for Tracts 6343 and 6361. 2. Un II: This subarea is located east of Renfro Road, south of Reina, west of Allen and north of Noriega Road and is planned for new residential development. It is proposed the improvements for this subarea will be constructed by the developer Lennar Homes of California, Inc. with acquisition of improvements upon completion. The improvements include the construction of curb, gutters, sidewalk, bike trail, multi purpose trail, paving, grading, sewer, system, lift station, street lights, street signs, survey monument encasement, block wall and inner connect conduit improvements for Tract No. 6453. 3. University Park: This subarea is located at the southwest corner of Ming Avenue and Gosford Road and is planned for a gated community. It is proposed the improvements for this subarea will be constructed by the developer Castle and Cooke California Inc. with acquisition of the off-site August 21,2006, 3:10PM G :\GROUPOA MOM I NRPT\2006\08-30\A006-1 acq.dot ADMINISTRATIVE REPORT improvements upon completion. The improvements include off-site work such as sewer, water, block wall, storm drain, curbs, gutters, sidewalks, handicap ramps, street lights and survey monuments within the frontage of tract boundaries. Items of construction include detention basin, curbs, gutters, sidewalks, median curb, street lights, storm drains, traffic signals, block walls, grading, sewers and paving improvements. The Acquisition and Disclosure Agreement, provides the terms and conditions under which Lennar Homes of California, Lo Land Assets, L.P. and Castle & Cooke California Inc., will provide for the construction and installation of certain prescribed improvements and the terms and conditions under which the City will use its best efforts to issue and sell limited obligation improvement bonds for Assessment District No. 06-1 (Etcheverry/Lin II/University Park). The agreement further provides a portion of the proceeds of sale of such bonds will be used to acquire the completed improvements. The purchase price of the subject improvements is payable solely from such proceeds of sale and from no other source whatsoever. A copy of the Acquisition and Disclosure Agreement is attached to this resolution. Once the Resolution is adopted, the next step is for the assessment engineer to prepare the Preliminary Engineer's Report and a formal Boundary Map. Jas August 21,2006, 3:10PM G :\GROUPDA T\ADMI NRPT\2006\08-30\AD06-1 acq.dot ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: J::l. K. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER If! > August22,2006 SUBJECT: Sale of Real Property 1. Resolution declaring real property located north of Berkshire Road, east of State Highway 99 surplus to needs of the City. 2. Agreement with Lennar Homes of California, Inc., a California corporation to purchase property located north of Berkshire Road, east of State Highway 99 for $80,000. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: In 1963 the State of California relinquished several properties to the County of Kern to create cul-de-sacs on the east-west roads that were severed when Highway 99 was constructed. Upon annexation title to these properties transferred to the City of Bakersfield. Lennar is currently subdividing the area that includes Bershire Road and has requested the City sell the underlying fee simple interest in approximately .63 acres to incorporate into their adjoining subdivision. Lennar will be dedicating easements to the City on their subdivision map for the realigned Berkshire Road. The purchase price is at the same rate the City paid Lennar earlier this year for park property. DMAls 8/22/2006 P:\MyFiles\Admin Reports\Lennar sale.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: I;). /. TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager August22,2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~~ ~ SUBJECT: Resolution Reaffirming the City's Annexation Mission Statement and Amending the Pre- Application Process for Annexations RECOMMENDATION: The Legislative and Litigation Committee recommends approval. BACKGROUND: In July, 2005, staff recommended changes to the City's annexation policies and procedures. The change was requested because it took almost two years to annex the Froelich Palms area, which was the City's most recent inhabited annexation. City staff's primary reason for changing the policy was to reduce the time it takes to process inhabited annexations while maintaining outreach and educational efforts to affected citizens. Over the past year, staff has worked with three citizens who are interested in the annexation policy to try to find compromise language. Staff is recommending policy changes which incorporate many changes first recommended by the citizens. A summary of the changes includes: 1) adding the word "timely" to the Mission Statement; 2) inviting County Supervisors and staff to neighborhood meetings; 3) eliminating the publication in The Bakersfield Californian and a hearing before the City Council; 4) the Resolution of Application before the Council replaces the formal hearing; and 5) various changes to the interest card that will be collected from residents prior to the Resolution of Application. All of the proposed changes are shown in strikeout and red in the attached policy documents. Staff believes that this version of the policy, in addition to State law which governs all annexations, provide more than adequate protection for property owners with a minimum of unnecessary administrative layers. On August 15, 2006, the Legislative and Litigation Committee recommended that the new policy be forwarded to the City Council for final approval. Staff recommends adoption of the new version, which has the effect of streamlining the annexation process. August 22, 2006, 3:33PM S:\Admln Rpts\2006\Annexation Policy 083006.dot AC:al ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: id' 1Yl. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ;Jl- CITY ATTORNEY iJ!nt CITY MANAGER <StJ7 DATE: August 17,2006 SUBJECT: Resolution adding territory, Area 1-66 (Jewetta, Birchhaven SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 16, 2006 the Council adopted Resolution of Intention No. 1479 to add territory, Area 1-66 (Jewetta, Birchhaven SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Parcel Map Waiver No. 06-0155. Area 1-66 is generally bounded by a line approximately 150 feet south of Birchhaven Avenue on the north, a line approximately 220 feet east of Jewetta Avenue on the east, a line approximately 480 feet south of Birchhaven Avenue on the south and Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the parcel map waiver. mr MD1-66_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: / :;. ~ , TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY 1Jm,i CITY MANAGER ~ August 17, 2006 SUBJECT: Resolution adding territory, Area 3-53 (Berkshire, Reliance SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 16, 2006 the Council adopted Resolution of Intention No. 1474 to add territory, Area 3-53 (Berkshire, Reliance SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No's. 6874 and 6873. Area 3-53 is generally bounded by Berkshire Road on the north, Reliance Drive on the east, McCutchen Road on the south and Gosford Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the pUblic hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-53_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: 1;).0, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY f7trW, CITY MANAGER <:S1V? August 17, 2006 SUBJECT: Resolution adding territory, Area 3-54 (Berkshire, Gosford SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 16, 2006 the Council adopted Resolution of Intention No. 1475 to add territory, Area 3-54 (Berkshire, Gosford SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6880. Area 3-54 is generally bounded by Berkshire Road on the north, Gosford Road on the east, McCutchen Road on the south and the Sunset Railroad on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-54_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: /;}_ /J. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 17,2006 APPROVED DEPARTMENT HEAD jfl , CITY ATTORNEY 'J91;1.t CITY MANAGER KlU7 SUBJECT: Resolution adding territory, Area 3-55 (Panama, Ashe SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. rNard 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 16, 2006 the Council adopted Resolution of Intention No. 1476 to add territory, Area 3-55 (Panama, Ashe SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6663. Area 3-55 is generally bounded by Panama Lane on the north, Ashe Road on the east, Berkshire Road on the south and a line approximately 1,300 feet west of Ashe Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-55_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: I;), Q. v TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ f CITY ATTORNEY f/rl24 CITY MANAGER ~ August 17, 2006 SUBJECT: Resolution adding territory, Area 4-59 (Beale, E. 18th SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 16, 2006 the Council adopted Resolution of Intention No. 1480 to add territory, Area 4-59 (Beale, E. 18th SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map Waiver No. 06-0963. Area 4-59 is generally bounded by E. 18th Street on the north, a line approximately 75 feet east of Beale Avenue on the east, a line approximately 150 feet south of E. 18th Street on the south and Beale Avenue 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 map. mr MD4-59_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: I d. r. TO: FROM: DATE: Ae.PROVED DEPARTMENT HEAD /Y't --- CITY ATTORNEY f)rJt4 CITY MANAGER ~ SUBJECT: Resolution adding territory, Area 4-60 (E. Brundage, Mt. Vernon 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. rNard 1) Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 17, 2006 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 16, 2006 the Council adopted Resolution of Intention No. 1481 to add territory, Area 4-60 (E. Brundage, Mt. Vernon 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 Site Plan Review No. 06-0256. Area 4- 60 is generally bounded by Texas Street on the north, a line approximately 800 feet east of Quantico Avenue on the east, E. Brundage Lane on the south and Mt. Vernon Avenue 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. mr MD4-60_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent ITEM /~.:5. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ August 18, 2006 CITY ATTORNEY ~ CITY MANAGER ((1:57 SUBJECT: Property Abatements 1. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on August 14, 2006, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute publiC nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: 1. 2. 3. 4. 5. 6. 7. 8. 29 Augusta St. 440 E. Belle Terr. 420 Brown St. 1720 Filson St. 805 S. Kern St. 3500 Lotus Ln. 116 Milham Dr. 1115 Murdock St. APN 018-250-26-00-8 169-140-01-00-4 019-072-02-00-7 172-041-31-00-3 139-161-04-00-7 172-092-34-00-4 139-421-07-00-1 018-112-04-00-7 PROPERTY LOCATION August 16, 2006, 5:05PM P:\admin reportAugust 18.doc COST $ 434.00 $ 2,645.00 $ 511.00 $ 439.00 $ 369.00 $ 2,134.00 $ 425.00 $ 534.00 ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 9. 100 S. Owens St. 018-240-16-00-6 $ 505.00 10. 701 P Street 009-350-22-00-9 $ 1,295.00 11. 527 - 529 Villa St. 139-252-15-00-2 $ 634.00 12. 625 E. 4th St. 139-292-06-00-8 $ 1,112.00 13. 515 E. 9th St. 139-161-09-00-2 $ 320.00 14. 530 E. 9th St. 139-111-05-00-5 $ 369.00 15. 600 E. 9th St. 139-112-10-00-6 $ 369.00 Ward 21Councilmember Sue Benham 16. 840 Baker St. 139-162-06-00-0 $ 369.00 17. 524 Homaker PI. 002-112-30-00-7 $ 420.00 18. 1417 King St. 013-260-16-00-7 $ 493.00 19. 1211 Pacific St. 015-100-19-00-3 $ 420.00 20. 1014 30th St. 002-071-23-00-9 $ 720.00 21. 1021 34th St. 002-031-02-00-6 $ 670.00 Ward 3/Councilmember Mike Maaaard 22. 3213 Wenatchee Ave. 383-142-07-00-8 $ 1,020.00 Ward 7/Councilmember Zack Scrivner 23. 1805 Bradley Ave. 023-135-13-00-8 $ 618.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. August 16,2006, 5:05PM P:\admin reportAugust 18.doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: / d. -t. TO: Honorable Mayor and City Council FROM: DATE: Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER August23,2006 SUBJECT: Resolution Authorizing the Requisite City Personnel to Execute All Documents Required to Access Section 108 Loan Guarantee Funds of $1.6 Million for Fire Station #5 Project (Ward 1). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Last year, the City Council authorized staff to apply for a HUD Section 108 Loan to assist in the construction of Fire Station Number 5. The City was successful in obtaining a $1.6 million dollar loan. The Section 108 loan proceeds will be used for construction of the 8,000 square foot building and infrastructure for use by the fire department. Other funds will be utilized for the remainder of the project which includes a police substation and community meeting room. The way the loan is structured, HUD forwards a contract, a promissory note and several other documents for execution. Since the loan will be included as part of a HUD public offering, the interest rate locks in for the twenty year term of the loan. The repayment schedule will be set after the public offering and the principal and interest will be paid annually. The repayment will be made exclusively with available tax increment revenue from the Southeast Bakersfield Redevelopment Project Area. It is staff's understanding that HUD will have the public offering on September 14, 2006. HUD recently forwarded the loan documents to the City and requires them back by September 1 in order to be included in the September offering. The documents are the same as those which were used for previous Section 108 loans. This resolution authorizes various city employees and the Mayor to execute all of the documents that HUD requires to complete the loan process. Once HUD receives and approves the documents, the City can begin drawing down the funds. js August 23, 2006, 11 :44AM S:\COUNCIL\Admins\06-07 Admins\section1 08$1.6.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: J (). u.. . TO: Honorable Mayor and City Council 8ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 10, 2006 CITY ATTORNEY y~ CITY MANAGER ~ SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with Lennar Homes of California, INC for Tract 6367 Unit 1 & 2 located East of Wible Road on Berkshire Road. (Ward 7) 2. Final Map and Improvement Agreements with Olive Branch Community Church- Bakersfield, for Tract 6399 located on the Northwest intersection of Olive Drive and Old Farm Road. (Ward 4) 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 August 22, 2006, 1 0:35AM G:\GROUPDAl\ADMINRPT\2006\08-30\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: / d,7. v. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~.1 CITY ATTORNEy/k- fev JAtJ CITY MANAGER 61U7 Florn Core, Water Resources Manager August 16, 2006 SUBJECT: Attorney Retainer Agreement with outside counsel, Duane Morris, LLP, for legal services in the matter of North Kern Water Storage District v. Kern Delta Water District, et aI, (Tulare County Superior Court Case No. 96-172919) Fifth Appellate District Court Case No. F047706 and City of Bakersfield v. Kern Delta Water District (CEQA) (Kern County Superior Court Case No. S-1500-CV-258097-NFT) Ventura County Case No. CIV242067, in the amount of $250,000. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City has generally used the services of Attorney Colin Pearce, who is now a partner in the firm of Duane Morris, LLP, as outside counsel on the North Kern Water Storage District v. Kern Delta Water District, et al (1S1 Point) matter. We are proceeding with the appeal which adds additional costs and fees. Additionally, a CEQA action has been filed by the City against Kern Delta which is connected to but not a part of the 1 sl Point matter. The firm will handle that matter under this Agreement as well. This Agreement will be in an amount Not to Exceed $250,000. JS:dll Document1 August 17. 2006, 9:02AM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION Consent Calendar ITEM: (;), TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 16, 2006 APPROVED DEPARTMENT HEAD ~ tL- CITY ATTORNEY~ It CITY MANAGE~ ~ SUBJECT: Amendment NO.5 to Agreement No. 87-18 with Dreyer's Grand Ice Cream, Inc. to correct an error in the calculation of interest charges relating to the purchase of additional wastewater treatment and disposal capacity at Wastewater Treatment Plant NO.3 (Ward 6). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On January 25, 2006, Dreyer's Grand Ice Cream, Inc. (Dreyer's) and the City entered into Amendment NO.4 of the original capacity buy-in agreement (Agreement No. 87-18). Amendment No. 4 provided for Dreyer's purchase of additional wastewater treatment and disposal capacity due to the expansion of their ice cream production facilities. The purchase price for this additional sewer capacity totaled $6,762,047.82, plus 5% interest. Amendment No. 4 provided for fourteen semi-annual payments (7 years) of $498,233.25. A clerical error was discovered in "Exhibit A" of Amendment No 4. The payments on the schedule were improperly calculated as fourteen monthlv payments rather than fourteen semi- annual payments. All other terms and conditions remain the same. As a result, Dreyer's biannual payments will now be $578,402.07 rather than $498,233.25. This Amendment NO.5 to Agreement No. 87-18 amends section 1.1 of the previous agreement to reflect the correct payment schedule of biannual payments of $578,402.07. A bill, totaling $160,337.64, has been sent to Dreyer's to adjust for the shortfall in the two previous billings in January 1, 2006 and July 1, 2006 ($80,168.82 per billing.) AC@WIN G:IGROUPDATlADMINRPT\2006108-30IDreyers Amd_ 5 to Agr 87-18_Admin.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: / ey_ k'.r TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager APPROVED DEPARTMENT HEAD K CITY ATTORNEY ~ CITY MANAGER (j/.A57 SUBJECT: Amendment NO.2 to Agreement No. 04-241 with CompuCom regarding software licenses in the amount of $332,997.23. August 17, 2006 RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On August 18, 2004, the City Council approved a five-year Enterprise Agreement (Contract No. 04- 241) with CompuCom that allows the City to install the latest versions of Microsoft products on City computers. The Agreement covers server and desktop software that is used for producing letters and spreadsheets and for running the City's servers, databases and website. Each year, CompuCom provides an invoice for such licenses. This amendment enables the City to pay for software licenses for 1029 computers. The funds are available in the Information Technology operating budget. August 17, 2006, 8:23AM S:\COUNCIL \Admins\06-07 Admins\compucomamd.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: / ;;;. Ll v TO: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY tj;j"""- CITY MANAGER · 67t1JS SUBJECT: License Agreement with Action Sports for use of a portion of the complex (Aquatic Center and Ice Center) for the purpose of selling hockey and swimming accessories. (Ward 2) FROM: Honorable Mayor and City Council Alan Tandy, City Manager ~ August 16, 2006 DATE: RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In 2003, City, SMG and Action Sports entered into a three-year license agreement whereby Action Sports would operate the pro-shop at the Bakersfield Ice Sports Center. Under that agreement, Action Sports provided hockey, swimming accessories and other retail items for the public's purchase. That agreement expired June 30, 2006. All parties desire to renew the agreement for three more years. Additionally, this new agreement contains an option for a three-year renewal. The rent is fixed for the initial three-year term at $873.00 per month. The rent can be raised up to $.05 per foot if the agreement is renewed. August 17, 2006, 9:04AM C:\DOCUME-1 \akrobert\LOCALS-1 \Temp\Admin Action Sports.doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: I J . z. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /~ ICh4 ~ August 15, 2006 SUBJECT: Accept bid from Central Valley Truck Center in the amount of $1,612,348.24 for seven (7) additional LNG automated front loaders. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The City of Fresno issued a formal invitation to bid for automated front loaders. The bid was awarded to the low bidder, Central Valley Truck Center, Fresno. The bid has provisions for other governmental agencies to piggyback on the bid and the supplier has agreed to extend the bid price for the front loaders to the City of Bakersfield. Piggybacking on to the City of Fresno bid will allow the City to obtain equipment meeting the City's requirements and save staff time and efforts required if this item were to be bid. The trucks being purchased are LNG fuel type to comply with 2007 state and federal emissions regulations. Purchasing Division OW S:\PURCH\ADMIN\Automated Front Loaders, City of Fresno Piggyback, August 30, 2006.doc Created on 8/16/2006 11 :59:00 AM ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: / d _ Ct Q TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED August 15, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 6167 SUBJECT: Extend bids for pickup trucks from: 1. Jim Burke Ford, $307,571.41 for eight (8) replacement and thirteen (13) additional pickup trucks for the Development Services Department, Water Resources Department, Police Department, Recreation and Parks Department and Public Works Department Engineering Division. (Citywide) 2. Raceway Ford, $309,806.72 for five (5) replacement and seven (7) additional pickup trucks for the Recreation and Parks Department and the Public Works Department Streets Division. (Citywide) RECOMMENDATION: Staff recommends extension of bid. BACKGROUND: At the Council meeting of December 1, 2005, Jim Burke Ford was awarded the bid for the purchase of mid-size and % ton pickup trucks and Raceway Ford was awarded the bid for the purchase of % ton and 1-% ton pickup trucks. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford and Raceway Ford have indicated their approval of extending the same per unit cost for this purchase. A total of thirty-three (33) trucks will be purchased. TRUCK TYPE QTY I .~__"J ADDITIONAL REPLACEMENT .. ~:~-~i:;~Egr~)... i 1 OP~Y~Jgp~_~D!.~.~~iC~~J2~R~!!~~QU~Lj .._~;~~;~~;~~~~;~~~~~:~~~~~i~~__._._....I Recreation and Parks Department (3) I Recreation and Parks Department (1) I 1Iz Ton Water Resources Department (1) I Public Works Department (Engineering) (1) .....(~i'!l~~r.~~__~c:>r.~l..1 11 _..ec:>~.C?~_~~E~~r:!1!!_I!!J~.t____._,____J _police Departmen~{~L_.__.__.____.______j %~ , (Rac;~\yay. Ford) 4 .. pu ~Iic; Y"c:>r~l) [)~part'!l~nt{~tr~~tl)) (1)J ...PlJ~licVYClr~P.~PC3rtl'Tl~l'lt(~tr~Elts) (~) 1 % Ton i I I ... (.B.C32~~~Y_~c:>r91_J__!_ _...1 __'3,~2.~~~!on .~J~arks J:>~e.~_rtl'Tl~nt (61._._.J _._I3~qea!ic:>!!.~!!.9..PC3!~S D~partr:!1_ElEIU~____..._J Funds for the purchase are in the FY 2006-2007 adopted budget. ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: J d. bb* TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director August 16, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ./(/5 MJ14 6117 SUBJECT: Accept bid from Best Buy Gov LLC in the amount of $41,515.40 for digital cameras for the Police Department and Public Works Graffiti Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to Bid for digital cameras to be used by the Police Department and the Public Works Graffiti Division were sent to approximately one hundred (100) suppliers. Seven (7) bids were received in response to solicitation and are as follows: BIDDER Best Buy GOY LLC Richfield, MN Imaging Products Simi Valley, CA Comp USA Bakersfield, CA Microworld Newport Beach, CA Global Goy't1Education Solutions Fletcher, OH ARCC Technology Bakersfield, CA Henley's Bakersfield, CA AMOUNT $41,515.40 1% LOCAL PREFERENCE PRICE ADJUSTMENT ADJUSTED BID AMOUNT $42,478.08 $44,122.65 $411 .40 $43,711.25 $43,821.81 $44,323.21 $48,647.23 $453.59 $48,193.64 $49,732.24 $49,268.54 $463.70 Staff finds the low bid to be acceptable and recommends award of the bid to Best Buy Gov LLC, Richfield, MN in the amount of $41,515.40. Funds for the purchase of the cameras are in the FY 2006-07 Adopted Budget. Purchasing Division OW S:\PURCH\ADMIN\Digital Cameras, 06-07-08, August 30, 2006.doc August 18, 2006 ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: I;). c. c , TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD A/.-S CITY ATTORNEY JJ1IU- . August 17, 2006 CITY MANAGER ~ SUBJECT: Accept bid from Hanson Pipe and Pre-Cast in the amount of $90,672.15 for the purchase of culvert for Kern Island Canal - Branch 1 (Hughes Lane and McCourry Street). 0Nard 7) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The Kern Island Canal - Branch 1 project (Hughes Lane and McCourry Street) consists of replacing existing deteriorated corrugated metal pipe culverts with new reinforced concrete culvert. The bid date for this project is August 30, 2006 with an approximate award date of mid-September. The project requires significant quantities of culvert which must be available for construction when the canal is shut down between October 25, 2006 and November 14, 2006. Staff determined it was in the City's best interest to bid the culvert separately from the construction contract so that the culvert is available at the time of construction. Invitations to Bid for the purchase of the culvert were sent to twelve (12) suppliers. Two (2) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $ 90,672.15 Hanson Pipe and Precast Sacramento, CA StructureCast Bakersfield, CA $216,600.00 Staff finds the low bid to be acceptable and recommends award of the bid to Hanson Pipe and Precast, Sacramento, CA, in the amount of $90,672.15. Purchasing Division OW S:\PURCHIADMIN\Culvert for Kern Island Canal - Branch 1, Hughes Lane and McCourry Street, 06-07-25, August 30, 2006.doc August 17, 2006 ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: i;).dd. FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council August8,2006 SUBJECT: Mountain Vista At-Grade Rail Crossing at the Union Pacific Railroad Buttonwillow Branch 0Nard 5): 1. Accept bid and award contract to Griffith Company ($894,894). 2. Appropriate $700,000 Transportation Development Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriation. BACKGROUND: On August 19, 2004, the City received approval from the California Public Utilities Commission (PUC) to construct four new at-grade rail crossings on the Union Pacific Railroad (UPRR) Buttonwillow Branch at Mountain Vista Drive, Old River Road, Akers Road and UPRR Sunset Branch at Harris Road. Two of the four at-grade rail crossings (Mountain Vista Drive and Old River Road) were originally budgeted in FY 04/05. The other two at-grade rail crossings (Akers Road and UPRR Sunset Branch at Harris Road) were budgeted in FY 05/06. Although staff originally intended for the four at-grade crossings to be phased over a two year period, the PUC mandated that all four must be handled in tangent With each other. Therefore on March 30, 2005, the City entered into separate agreements with the UPRR and San Joaquin Valley Railroad (SJVR) for all four crossings. These agreements provided for the construction and maintenance of the at-grade rail crossings with the City to reimburse UPRR and SJVR for costs incurred for the construction of signal, rail and concrete panel improvements. Since the four agreements were entered into in FY 04/05 and two of the four crossings had funds budgeted in FY 05/06, staff recommended that funding for the Akers Road and UPRR Sunset Branch at Harris Road crossings come from the budget for the Mountain Vista Drive project. The budget for the Mountain Vista Drive project would be replenished in the subsequent fiscal year. However, due to unpredictable increases in construction costs since these projects were originally funded, all of the at-grade rail crossing projects are under funded for construction. Therefore an appropriation of $700,000 from the Transportation Development Fund balance is required. There are sufficient funds within the Transportation Development Fund. This project consists of constructing pavement, curb, gutter, sidewalk and rail improvements within the railroad right of way. In addition, the project will reconstruct and extend the existing Buena Vista Canal Culvert which crosses under the railroad diagonally through the intersection of Mountain Vista Road. The August 23,2006, 4:18PM G:\GROUPDAT\ADMINRPT\2006\08-30\Mountain Vista At-grade Rail crossing T8K077 Version 2.doc ADMINISTRATIVE REPORT City is coordinating with Kern Delta Water Storage District, operator of the Buena Vista Canal, to provide a three week shut down period of the canal to perform the work. The existing corrugated metal pipe (CMP) culverts will be upgraded to a reinforced concrete box culvert with increased capacity. Two acceptable bids were received on August 2, 2006 as follows: Griffth Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of $894,894.00 Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 (Out of town) in the amount of Additional appropriations of $700,000 are needed to award this bid. $975,578.00 nf pwengr August 23, 2006, 4:18PM G:\GROUPDAT\ADMINRPT\2006\08-30\Mountain Vista At-grade Rail crossing T8KOn Version 2.doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: I d. e e..... TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 17,2006 APPROVED DEPARTMENT HEAD W~ CITY ATTORN~ CITY MANAGER 61i17 SUBJECT: Akers Road At-Grade Rail Crossing at the Union Pacific Railroad Buttonwillow Branch (Wards 6, 7): 1. Accept bid and award contract to Griffith Company ($1,581,581.00). 2. Appropriate $468,000 Transportation Development Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriation. BACKGROUND: On August 19, 2004, the City received approval from the California Public Utilities Commission to construct four new at-grade rail crossings on the Union Pacific Railroad (UPRR) Buttonwillow Branch at Mountain Vista Drive, Old River Road, Akers Road and UPRR Sunset Branch at Harris Road. On March 30, 2005, the City entered into agreement with the Union Pacific Railroad and San Joaquin Valley Railroad for construction and maintenance for the new crossings. The Akers Road at- grade rail crossing and roadway extension project was estimated for construction March 2005 for the 05/06 Fiscal Year. However, due to unpredictable increases in construction costs since this project was originally programmed, this project is under funded for construction. Therefore, an appropriation of $468,000 from the Transportation Development Fund Balance is required; there are sufficient funds within the Transportation Development Fund. This project consists of constructing pavement, curb, gutter, sidewalk and rail improvements within the railroad right of way. In addition, the project will include the installation of a pipe culvert in an existing canal underneath Akers Road. The City is coordinating with Kern Delta Water Storage District, operator of the Buena Vista Canal, to provide a three week shut down period of the canal to perform the work. Staff will be pursing creation of a major bridge and thorough fare district so that adjacent developers will reimburse the City for their share of the project. Two acceptable bids were received on August 16, 2006 as follows: Griffth Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of $1,581,581.00 Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 (Out of town) in the amount of $1,640,461.70 Additional appropriations of $468,000 are needed to award this bid. kb pwengr August 23, 2006, 4: 19PM G:\GROUPDAT\ADMINRPT\2006\08-30\Akers Road At-grade Rail crossing T6K145 revised.doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: I';; _ .f".f. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /1/5 ;f/;n4 ~ August 8,2006 SUBJECT: Annual Contract for Street Materials. (Citywide) 1. Accept bid and award contract to Granite Construction (not to exceed $5,000,000.00) for the annual contract - street materials. 2. Accept bid and award contract to AC Materials (not to exceed $2,500,000.00) for the annual contract - street materials. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: Invitations to bid were sent to five (5) suppliers for the Annual Contract for Street Materials for the Public Works Department. The bid required suppliers to provide pricing for various types and quantities of asphalt to be used in the maintenance of City streets. Three (3) bids were received in response to solicitation. Staff finds the low bid to be acceptable and recommends award of the contract to Granite Construction, Bakersfield. In addition to awarding a contract to Granite Construction, staff is requesting authorization to award a secondary contract to AC Materials in the event that Granite Construction is unable to supply product due to plant failure or low product availability. (Spreadsheet and memo attached) Purchasing Division DW S:\PURCHIADMINIAC Street Materials, 06-07-03, Granite Construction, Inc., August 30, 2006.doc Created on 7/28/2006 12:49:00 PM ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent Calendar ITEM: I,:), 59,.. vv LROVED DEPARTMENT HEAD CITY ATTORNEY -i/; CITY MANAGER ohJ7 SUBJECT: Accept bid and award contract to AC Electric ($291,780.90) for the Traffic Signal and Lighting System Modifications on Stockdale Highway at Stine Road and Real Road. (Ward 1) TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director July 28, 2006 RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The work to be performed consists, in general, of modifying the existing traffic signal and lighting system installation at the intersections of Stockdale Highway at Stine Road and Real Road, providing traffic signal synchronization between signals, reconstructing curb and gutter, access ramps, and constructing cross gutter. These traffic signals and lighting systems are required to be modified for a future widening project on Stockdale Highway. Three acceptable bids were received on July 26, 2006 as follows: A-C Electric Company 315 30th Street Bakersfield, CA 93301 (City) In the amount of $291,780.90 TES 5306 Aldrin Court Bakersfield, CA 93313 ( City) In the amount of $326,000.00 Loop Electric 7040 Downing Avenue Bakersfield, CA 93308 (County) In the amount of $342,281.00 Sufficient funds are budgeted to award this contract. kb. pw engr G:\GROUPDAT\ADMINRPT\2006\08-30\StockdaleHWY Stine and Real.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: I d. h h. TO: FROM: DATE: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks APPROVED DEPARTMENT HEAD~ CITY ATTORNEY~ CITY MANAGER ~ August 14, 2006 SUBJECT: Appropriate a $5,000 contribution from Castle & Cooke, Inc. to the Recreation and Parks Capital Improvement Budget within the Park Improvement Fund for refurbishment of the Silver Creek Community Center, 7011 Harris Road (Ward 6). RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: A contribution of $5,000 was received from Castle & Cooke, Inc. for the refurbishment of the Silver Creek Community Center, 7011 Harris Road. Castle & Cooke initially built the center and they have annually contributed to concerts in the park. They have a vested interest in the Silver Creek Community, and they wanted to supplement the existing capital improvement project for the center. The Recreation and Parks Department will propose details of the refurbishments at a later date. Sl August 14, 2006, 1:41PM:r1j S:\2006 Admins\C&C_ ContrSC_Admin_8-30-06.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: / d.., //, TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED August 17, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate a total of $76,416.00 State Grant Revenue for the Waste Tire Clean Up Grant Program; $27,072.00 to the Development Services Operating Budget in the General Fund and $49,344.00 to the Solid Waste Operating Budget in the Refuse Fund. (All Wards). RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: The City has received a $76,416.00 state grant from the California Integrated Waste Management Board (CIWMB) for Waste Tire Clean Up. The grant will offset funding for staff time in Code Enforcement and Solid Waste directly related the collection and removal of waste tires illegally dumped on several locations throughout the City. In addition to offsetting staff time, the grant will also fund the costs associated with contracting with a licensed waste tire hauler to transport and dispose of waste tires at a permitted waste tire storage facility. Illegally dumped tires contribute to blight and create vector control and health and safety issues if not addressed. August 18, 2006, 11:47AM S:\Dana\admin\2006\Aug\8-30 Tire Clean Up Grant Admin.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Hearings ITEM: / 3. Q. . CITY MANAGER VED TO: Honorable Mayor and City Council FROM: DATE: Donna L. Kunz, Economic Development Director DEPARTMENT HE CITY ATTORNEY August 22, 2006 SUBJECT: Resolution authorizing St. John Manor, L.P., to issue multifamily housing revenue bonds (not to exceed $5 million) for the rehabilitation of the St. John Manor Apartment located at 900 4th Street. (Ward 1) RECOMMENDATION: Staff recommends adoption. BACKGROUND: St John Manor, LP is seeking tax-exempt financing from the California Statewide Communities Development Authority for approximately $5 million to rehabilitate a 79-unit low income-senior rental housing project located at 900 4th Street. This housing project called the St John Manor Apartments is on a 2.2 acre site located on the corner of 4th and P streets. This project was originally built in 1983 as a Section 202 senior apartment complex. The existing regulatory agreement requires that residents qualify as to income and age, and that the majority of the units are rent restricted as low-income units to ensure affordability. Taraeted Pooulation. The Project will target those persons who qualify for tax credit rents and also those households that qualify for a Section 8 voucher and are 55 years or older. The current residents of the Project are seniors. It is anticipated that the current residents will remain at the Project; no relocation is expected. Start and Comoletion of Construction/Rehabilitation. The rehabilitation construction is anticipated to start January 2007, with a completion date of October 2007. Phvsical Features. Proiect Amenities. The Project consists of 79 - 1 bedroom, 1 bath (550 square feet) units, which are located in one three story structure. Project amenities include a community space, elevators, laundry facilities on each floor, security entrance and camera system, telephone intercom system, social service coordinator, and shrubbery throughout the area. The property has 33 open parking spaces. Unit Amenities. Each unit is provided with appliances, such as a refrigerator, range, and disposal. In addition, each unit has blinds, security locks, carpeting, wall mounted heating and air conditioning units, cable TV hook-ups, and emergency pull cords. S:\Admins\City Council\City Council Admins 2005\TEFRA Hearing for St John.doc 8/22/2006 10:51 AM ADMINISTRATIVE REPORT Page 2 Scooe of Rehabilitation Work. The renovation will focus on upgrading the building exteriors, unit interiors, and common areas, increased energy efficiency, and enhancement of the visual aspect of the complex. Each unit will receive new floor coverings, kitchen cabinets, appliances as needed, plumbing fixtures, and interior paint. The planned exterior upgrades are to replace the roof, as well as repaint the exterior. The scheduled common area improvements include paving improvements, landscape upgrades, and sidewalk repairs. These renovations would be difficult or impossible to put into place in the course of normal property operations. The proposed bonding authority will allow St. John Manor to issue the tax-exempt rental housing revenue bonds to help in the financing of their project and they will be responsible for the repayment of the bonds. The acquisition and renovation will be financed by tax-exempt bonds, with additional equity coming from the sale of "4%" low income housing tax credits. None of the City's funds will be pledged for the repayment of these bonds. Pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989, the City must publish a public notice and conduct a hearing to receive input from the public on the proposed issuance of these bonds. Any comments received during the public hearing will be given due consideration. The public notice was published on August 16, 2006. S:\Admins\City Council\City Council Admins 2005\TEFRA Hearing for St John.doc 8/22/200610:51 AM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar Hearings ITEM: J 3. b . August23,2006 CITY ATTORNEY CITY MANAGER APPROVED ~ V6- ()l;J7 TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: Mcintosh and Associates representing Castle and Cooke Development, the property owner, has applied for Development Plan Review No. 05-1897 on 11.94 acres located on the northeast corner of Ashe Road and Panama Lane. An appeal of the Planning Commission's decision was submitted by Mcintosh and Associates. (Ward 6) RECOMMENDATION: No action needed. BACKGROUND: The appellant, Mcintosh and Associates, submitted the attached letter withdrawing the appeal. The developer, Castle and Cooke Development, has resolved the issue with the Solid Waste Division that allows each home to be serviced by an individual cart along street frontages in this cluster plan development. Therefore, the appeal is unnecessary. jeng August 23, 2006, 9:06AM S:\Dana\admin\2006\Aug\8-3Q-1897adm withdraw.doc ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Hearings ITEM: ILl ~ Cl . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED August 17, 2006 CITY ATTORNEY CITY MANAGER ~ KIAJ7 SUBJECT: General Plan Amendment/Zone Change 05-1947, Appealed (Ward 5/6 Upon Annexation) Banducci Land, LLC, the property owner, has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission's decision was submitted by Brent Dezember. 1. Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture Zone) to R-1 (One-Family Dwelling Zone) on approximately 46 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: This item was on the August 16, 2006 City Council agenda. In accordance with a request from the applicant, the Council continued this item to August 30, 2006. Upon annexation into the City, the proposal would allow for the development of approximately 181 single- family homes on the 46-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 15, 2006, and continued this item to July 6, 2006, at which time they recommended approval to the City Council. Anna Dezember, representing StructureCast, a precast concrete manufacturing facility to the north of the site, testified during the June 15th public hearing. She stated that StructureCast is concerned that the incompatibilities between their operations and the proposed residential development have not been adequately addressed. ADMINISTRATIVE REPORT Page 2 An appeal of the recommendation of the Planning Commission by Brent Dezember on behalf of StructureCast was received in the City Clerk's office on July 14, 2006. StructureCast is concerned that the proposal as recommended by the Commission does not include an adequate buffer to protect their current industrial facility. The Planning Commission feels that the proposed conditions of approval and mitigation measures sufficiently address potential interface issues, including a 10-foot high noise barrier along the northern property line and a 100-foot setback between the northern property line and the nearest habitable residential structure. Included in the backup material (attached to Negative Declaration) are letters dated June 13, 2006, and July 3, 2006, from Giroux and Associates, Environmental Consultants, the preparer of the air quality and noise studies for the proposal, responding to a letter from the San Joaquin Valley Air Pollution Control District and to interface issues raised by Ms. Dezember and the Commission. Golden Empire Concrete operates a concrete batch plant at the southwest corner of Gosford Road and McCutchen Road, immediately north of StructureCast. Various correspondence from the applicant, StructureCast, and Golden Empire Concrete's attorney were provided to the Planning Commission and are included in the backup material for this item. Three recently approved General Plan Amendment/Zone Change proposals (04-0057, 04-1012, and 05- 0423) for residential development in the immediate vicinity have been approved by the City. It is staff's understanding that the applicants for these three projects entered into private agreements with Golden Empire Concrete and/or StructureCast addressing issues such as residential building setbacks and heights, sound walls and other noise mitigation measures, and disclosure provisions prior to City approval of these projects; neither Golden Empire Concrete nor StructureCast opposed any of these projects. The applicant has attempted to enter into agreements with StructureCast and Golden Empire Concrete but has not been successful. Although the conditions of approval imposed on these three projects by the City Council were similar, they were tailored for each project in accordance with site-specific considerations. Subsequent to the Planning Commission hearing, staff has re-reviewed the conditions of approval imposed by Council on these three proposals. Based upon this review, staff recommends the addition of a condition requiring the applicant to reimburse StructureCast for up to $20,000 for any sound muffling that they may elect to construct on or around their concrete batch plant; a similar condition was imposed on all three projects for the StructureCast and/or Golden Empire Concrete facilities. StructureCast claims that their private agreement regarding GPAlZC 04-1012 does not permit any residential lot to be situated within 100 feet of StructureCast's western property boundary; they anticipate that this buffer area will contain a landscaped strip and a local street. The City Council imposed a condition of approval on GPAlZC 04-1012 which prohibits habitable residential structures to be constructed within the 100-foot buffer area, similar to the condition of approval recommended by staff and the Planning Commission for this project. However, this condition of approval permits portions of residential lots within the buffer area, such as deep lots with 100-foot rear yard setbacks. StructureCast's preference is to prohibit residential lots within the buffer area. To the contrary, the Planning Commission feels that it would be premature to impose such a restriction at this time; rather, they recommend that the 100-foot habitable residential structure setback be imposed and that further details regarding the ultimate lot and street configuration be addressed at the tract map review stage. Upon further review of this issue subsequent to the Planning Commission hearing, staff recommends that this condition be revised in accordance with StructureCast's request. Staff feels that this would be prudent since the imposition of such a restriction may be difficult to defend from a legal standpoint at the tract map stage if challenged by the future subdivider, whereas the Council's ability to place such restrictions on General Plan Amendment requests is much greater. Staff feels that the long-term compatibility of the proposed residential development with StructureCast's operations would be enhanced if residential lots are excluded within the setback area. ADMINISTRATIVE REPORT Page 3 Conditions of approval and mitigation measures which address air quality, cultural resources, noise, traffic, and pUblic improvements, and which require the inclusion of a disclosure provision regarding adjacent industrial operations in residential grant deeds, are recommended as part of the project approval. The applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 19, 2006, in accordance with CECA. PH - S:\GPA 2nd 2006\05-1947\Staff Reports\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: August 30,2006 AGENDA SECTION: Consent ITEM /4. b. TO: FROM: DATE: Honorable Mayor and City Council Stanley G. Grady, Development Services Director DEPARTMENT HEAD APPROVED August22,2006 CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing to consider appeal by Leroy Petty to the decision of the Building Director concerning construction of a carport at 3309 Spring View St. 1. Resolution upholding the Building Directors decision requiring the applicant to: (1) to apply for a zoning modification with the Planning Department and comply with the Board of Zoning Adjustment's ruling within 10 days or, (2) if a zoning modification is not pursued, remove the carport within 30 days. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This is a continuation of the July 19, 2006 hearing. A hearing was held on June 6, 2006, by the Building Director and all proposed charges were confirmed. The subject property is in violation of the Zoning Ordinance 17.08.170; section (A): cornices, canopies, eaves, patios, porch covers or carports, can extend within 2 feet of the front, side or rear yard and the Uniform Building Code 106.1 which prohibits construction without a building permit. The applicant did not obtain a building permit or meet setback requirements; the carport is built on the property line which also creates a fire hazard. The applicant appeared at the hearing on June 6, 2006 and contends the carport is not a problem; it's safe and not a fire hazard or eyesore to the neighborhood. Since the applicant did not get a building permit, staff cannot verify if the structure is safe. The Building Director, Phil Burns spoke with Mr. Petty and Chief Code Enforcement Officer, Randy Fidler, followed up with a second call on August 17th, 2006 and informed him of the Building Code violations, the State Fire Code violations and the Local Municipal Code setback violations, he was informed on how to correct the violations and comply with state laws. August 22, 2006, 11: 19AM P:\admin report april 14.06.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 16, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL ACTION TAKEN Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:24 p.m.), Scrivner Absent: None 2. INVOCATION Father Craig Harrison, St. Francis Church. 3. PLEDGE OF ALLEGIANCE by Vice-Mayor Maggard. 4. PUBLIC STATEMENTS None. (see page 16) 5. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 19, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from July 8, 2006 to August 3, 2006 in the amount of $15,158,280.21 and self insurance payments from July 8, 2006 to August 3,2006 in the amount of $1,687,564.49. Bakersfield, California, August 16, 2006 - Page 2 5. CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance approving a Negative FR Declaration and amending Section 17.06.020 (Zone Map No.1 02-05) of the Municipal Code by changing the zoning from A (Agriculture) to C-1(Neighborhood Commercial) on 15 acres located at the northwest corner of Snow Road and Coffee Road. (Applicant: SmithTech/USA, Inc. representing Bidart Brothers) (ZC 06-0258) d. Adoption of Ordinance amending Section 15.82.060 ORD 4365 of the Municipal Code relating to the fee for park development and improvement. e. Adoption of Ordinance amending Municipal Code ORD 4366 Section 1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. f. Adoption of Ordinance amending Municipal Code ORD 4367 Section 12.16.150 by adding Subsection C relating to the imposition of the street cut workmanship and performance warranty fee. g. Adoption of Ordinance approving a Negative ORD 4368 Declaration and amending Section 17.06.020 (Zone Map No. 123-08) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to PUD (Planned Unit Development) on 30.63 acres located on the southwest corner of Ming Avenue and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc.) (ZC 06-0332) Resolutions: h. Resolution approving an application proposing RES 196-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 533 consisting of 52.65 acres located north of Snow Road, west of the Friant-Kern Canal. i. Resolution authorizing submittal of applications for RES 197-06 Beverage Container Recycling Grants (Curbside Recycling Program). Bakersfield, California, August 16, 2006 - Page 3 5. CONSENT CALENDAR continued ACTION TAKEN j. Changes to salary schedule, new job specification and reclassification: 1. Amendment No.5 to Resolution No. 049-06 RES 049-06(5) setting salaries and related benefits for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Park Services Technician. 2. New job specification for Park Services Technician position. 3. Reclassification of Fleet Services Systems Analyst to Park Services Technician. 4. Deletion of job specification for Fleet Services Systems Analyst. k. Resolution adding territory, Area 3-50 (Harris, RES 198-06 Progress NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. I. Resolution adding territory, Area 3-52 (Panama, RES 199-06 Mountain Vista SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. m. Resolution adding territory, Area 1-61 (Etchart, RES 200-06 Verdugo SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. n. Resolution adding territory, Area 3-49 (Old River, RES 201-06 Pacheco SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Bakersfield, California, August 16, 2006 - Page 4 5. CONSENT CALENDAR continued ACTION TAKEN o. Resolution adding territory, Area 4-56 (Kern RES 202-06 Canyon, Vineland) 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. p. Resolution adding territory, Area 4-57 (Vineland, RES 203-06 Highlander SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-27 (S Union, RES 204-06 q. Hosking SE#2) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. r. Resolution adding territory, Area 5-28 (Planz, Hale RES 205-06 SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. s. Resolution adding territory, Area 3-48 (Panama, RES 206-06 Ashe SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. t. Resolution adding territory, Area 3-51 (Harris, RES 207-06 Mountain Vista SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. u. Resolution adding territory, Area 5-29 (Hale, Filson RES 208-06 SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Bakersfield, California, August 16, 2006 - Page 5 5. CONSENT CALENDAR continued ACTION TAKEN v. Resolution of Intention No. 1474 to add territory, RO/1474 Area 3-53 (Berkshire, Reliance SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1475 to add territory, RO/1475 Area 3-54 (Berkshire, Gosford SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. x. Resolution of Intention No. 1476 to add territory, RO/1476 Area 3-55 (Panama, Ashe SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. y. Resolution of Intention No. 1479 to add territory, RO/1479 Area 1-66 (Jewetta, Birchaven SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. z. Resolution of Intention No. 1480 to add territory, RO/1480 Area 4-59 (Beale, E 18th St SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. aa. Resolution of Intention No. 1481 to add territory, RO/1481 Area 4-60 (E Brundage, Mt. Vernon NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. bb. Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution approving boundary map. RES 209-06 2. Resolution of Intention No. 1473. RO/1473 3. Amendment NO.1 to Agreement No. 06-083 AGR 06-083(1) with Wilson & Associates for assessment engineering consulting services. Bakersfield, California, August 16,2006 - Page 6 ACTION TAKEN 5. CONSENT CALENDAR continued cc. dd. ee. ff. gg. Verdugo Lane Planned Sewer Area: 1. Resolution of Intention No. 1472 to establish the Verdugo Lane Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. RO/1472 2. FR Resolution of Intention No. 1466 to order the vacation of access to vehicular traffic from/to Elm Street from/to 24th Street - south side only. (Thomas Roads - TRIP) RO/1466 Resolution of Intention No. 1477 to order the vacation of a portion of the sewer easement located south of 16th Street between Pine Street and Myrtle Street. RO/1477 Resolution of Intention No. 1478 to order the vacation of the turnarounds at the end of the alleys in Tract 3513 located at the northwest corner of Columbus Street and Christmas Tree Lane. SunGard HTE Computer Software: 1. Resolution determining that SunGard HTE Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. 2. Amendment NO.6 to Agreement No. 97-283 with SunGard HTE ($46,110 total) for purchase of Click2Gov Internet Interface for Code Enforcement ($23,920) and QRep Web software ($22,190). RO/1478 RES 210-06 AGR 97-283(6) Bakersfield, California, August 16,2006 - Page 7 ACTION TAKEN 5. CONSENT CALENDAR continued hh. BID-key FireRMS Software: 1. Resolution determining that FireRMS software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. Agreement with BIO-key (not to exceed $110,000) to purchase Fire RMS software. Appropriate $110,000 County Reimbursement to the Information Technology Operating Budget in the General Fund. AGR 06-226 RES 211-06 2. 3. ii. Sale of Real Property: Agreements: jj. 1. Resolution declaring the real property located north of Mall View Road, east of the East Hills Mall, surplus to the needs of the City. Agreement with Gardens at East Hills, LLC ($279,100) to purchase property located north of Mall View Road, east of the East Hills Mall. RES 212-06 2. AGR 06-227 DEED 6469 Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Four Fairways Enclave, LLC for Tract 6243 Phase 1 located at the intersection of Donaldo Street and Via Napoli Drive. 2. Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 1 located at the southwest corner of the intersection of Vista and Pensinger Roads. Final Map and Improvement Agreements with Towery Homes, Inc for Tract 6429 Phase 1 located south of Johnson Road on Renfro Road. AGR 06-228 AGR 06-229 AGR 06-230 AGR 06-231 3. 4. Final Map with PAC Park 78, LLC for Tract 6537 located at the intersection of 38th Street and Q Street. Bakersfield, California, August 16, 2006 - Page 8 5. CONSENT CALENDAR continued ACTION TAKEN kk. Agreement with Hanna, Brophy, MacLean, McAleer AGR 06-232 & Jensen (not to exceed $180,000 for a 12 month term) for Worker's Compensation legal services. (Self Insurance Fund) II. Contributions to Bakersfield Museum of Art and Bakersfield Symphony: 1. Agreement with Bakersfield Museum of Art AGR 06-233 ($25,000) for FY 2006-07 contribution. 2. Agreement with Bakersfield Symphony AGR 06-234 ($50,000) for FY 2006-07 contribution. mm. Agreement with Rosedale - Rio Bravo Water REMOVED FOR SEPARA TE Storage District to allow annexation of district CONSIDERA TION properties to the City. nn. Agreement with Rick Maharrey dba Kern County AGR 06-236 Slow Pitch Softball (not to exceed $45,900) for adult softball program officiating services. 00. Agreement with Wilson & Associates (not to exceed AGR 06-237 $114,000) to provide specialized continuing disclosure services for various Special Assessment Districts. pp. Agreement with California Water Service Company AGR 06-238 to engineer and construct a 30" diameter pipeline along Snow Road to deliver Kern River water to the northwest water treatment plant located at Coffee and Norris Roads. qq. Agreement with Adavco Inc. ($76,972) for AGR 06-239 reimbursement to widen and improve 275 feet of Norris Road adjacent to the City's Water Station L208 located at the corner of Norris and Coffee Roads. rr. Agreement with Kern Veterans Memorial AGR 06-240 Foundation, Inc. for the construction and maintenance of the Veterans War Memorial on the southeast corner of Truxtun Avenue and S Street. ss. Tentative Tract Map Processing: 1. Agreement with TPG Consulting (not AGR 06-241 to exceed $50,000) to assist Planning Division staff with the processing of Tentative Tract Maps. Bakersfield, California, August 16,2006 - Page 9 ACTION TAKEN 5. CONSENT CALENDAR continued tt. Agreement with Kronick Moskovitz Tiedemann & Girard (not to exceed $75,000) to provide legal services for acquisition of right of way for the construction of the Westside Parkway. AGR 06-242 uu. Agreement with Ennis Land Development ($45,400) for reimbursement to construct the north half of Loudon Street adjacent to Loudon School. AGR 06-243 vv. State Route 178 Interchange at Fairfax Road: 1. Amendment NO.1 to Agreement No. 02-062 AGR 02-062(1) with Parsons Brinckerhoff Quade & Douglas, Inc. ($289,517; total contract $1,275,081) to revise the time of completion, construction plans and scope of work. 2. Appropriate $290,000 Transportation Development Fund balance to the capital improvement budget to fund this amendment. ww. Amendment No. 1 to Agreement No. 05-278 with AGR 05-278(1) T.Y. Lin International ($96,642; total contract $330,762) for engineering services on White Lane at State Route 99 eastbound to southbound on- ramp construction. xx. Assignment of Cable Television Franchise: 1. Amendment No.1 to Agreement No. 95-229 AGR 95-229(1) regarding assignment of cable television franchise from CoxCom, Inc. to Cebridge Acquisitions, LP. 2. First Reading of Ordinance amending FR Section 5.48.020 of the Municipal Code relating to franchise rights. yy. Amendment NO.1 to Agreement No. 99-330 with AGR 99-330(1) Maxoil, Inc. allowing assignment of the license and rights to Matrix Oil Corporation. zz. Amendment No.8 to Agreement No. 98-222 with AGR 98-222(8) SunGard HTE, Inc ($152,795.83) for service support of licensed software. Contract Change Order No.6 to Agreement No. 06- AGR 06-028 CC06 aaa. 028 with Granite Construction Co. ($342,808); revised not to exceed $6,429,218) for N. Chester Avenue Bridge over the Kern River replacement. Bakersfield, California, August 16, 2006 - Page 10 5. CONSENT CALENDAR continued ACTION TAKEN Bids: bbb. Reject bid for furnishing and installing three (3) two- post lifts for Fleet Services. ccc. Reject bid for seven (7) front loader refuse trucks with packer bodies. ddd. Extend bid from South Coast Fire Equipment ($1,605,791.55) for one (1) replacement tractor-drawn aerial truck and two (2) replacement 1500 GPM Fire Pumper Trucks. eee. Accept bid from Noritsu America Corporation ($63,181.92) for one (1) digital dry printer. fff. Accept bid from SHI ($63,726.23) for replacement of IBM Servers and related equipment. ggg. Accept bids for McCutchen/Gosford Sewer Lift Station Project: 1. Accept bid from ABS Pump, Inc. ($285,996) for purchase of five (5) pumps. 2. Accept bid from Biorem Environmental Inc. ($175,000) for purchase of odor control system. hhh. Award Agreement to Meyer Civil Engineering, Inc. ($206,125) for final design of new sewer trunk line to Wastewater Treatment Plant NO.2. AGR 06-244 iii. Accept bid and award contract to Irwin Seating Company ($423,724.02) for installation of auditorium seating at the Convention Center. AGR 06-245 jjj. Accept bid from Comp USA ($43,713) for televisions for Rabobank Arena Concourse. Miscellaneous: kkk. Memorial Grove on Manor Street to be officially named San Miguel Grove. Bakersfield, California, August 16,2006 - Page 11 5. CONSENT CALENDAR continued ACTION TAKEN III. Assessment District and related Public Financing Authority (PFA) Bond Call: 1. Appropriate $2,351,967 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA Bonds. mmm. Appropriate $10,000 mini-grant from First 5 Kern to the Recreation & Parks Department Operating Budget to provide swim lessons and recreational swimming at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street. nnn. Appropriate $1,000 contribution from Councilmember Irma Carson to the Recreation & Parks Department Operating Budget for a field trip during the 2006 Camp King program held at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street. 000. Revised job specification and reclassification: 1. Revised job specification for Associate Planner. 2. Reclassification of Assistant Planner (1 position) to Associate Planner. Motion by Councilmember Couch to approve Consent Calendar items 5.a. through 5.000. with the removal of item 5.mm. for separate consideration. APPROVED AS SULLIVAN mm. Agreement with Rosedale - Rio Bravo Water Storage District to allow annexation of district properties to the City. Motion by Councilmember Couch to approve item 5.mm. APPROVED AS SULLIVAN Bakersfield, California, August 16, 2006 - Page 12 ACTION TAKEN 6. CONSENT CALENDAR HEARINGS Assistant City Clerk Gafford announced correspondence was received from Babak Naficy on behalf of the Sierra Club in opposition to item 6.c. a. Public Hearing to consider General Plan Amendment/Zone Change 05-1377 and Amendment to Specific Parks and Trails Plan for Northeast Bakersfield; Dunmore Communities, representing Malladi S. Reddy (property owner) has applied for a general plan amendment and zone change on 130 acres located at the northwest corner of Morning Drive and Paladino Drive and, an amendment to the Specific Parks and Trails Plan for Northeast Bakersfield. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space-Slopes) on 2.7 acres to LR on 110.4 acres and OS (Open Space) on 19.7 acres, establishing Specific Plan Lines for three unnamed collectors, revising Bikeway Master Plan to designate Class 3 bike routes along the proposed collectors, and adopting Specific Parks and Trails Plan for Northeast Bakersfield amendment to designate Class 3 bike routes along proposed collectors. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres, R-1-HD (One Family Dwelling-Hillside Development Combining) on 10.2 acres, A (Agriculture) on 30.5 acres, and A-HD (Agriculture-Hillside Development Combining) on 10.1 acres to R-1 on 84.8 acres, R-1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres. FR RES 213-06 2. b. Public Hearing to consider General Plan Amendment/Zone Change 05-1932; SmithTech/ USA, Inc. representing Bidart Brothers (property owner) has applied for a general plan amendment and zone change on 65 acres located on the east and west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal. Bakersfield, California, August 16, 2006 - Page 13 ACTION TAKEN 6. CONSENT CALENDAR HEARINGS continued Item 6.b. continued c. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 25 acres and LR (Low Density Residential) on 40 acres. RES 214-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 & 102-05 from A (Agriculture) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 25 acres and R-1 (One Family Dwelling) on 40 acres. FR Public Hearing to consider General Plan Amendment/Zone Change 05-0519; Mcintosh & Associates representing Santa Barbara Capital (property owner) has applied for a general plan amendment and zone change on 466.84 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and ~ mile west of Ashe Road (future Reliance Drive) to the west. REMOVED FOR SEPARA TE CONSIDERA TION 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 05- 0519/Annexation No. 503. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 142-03 & 142-04 from A (Agriculture) to R-1 (One Family Dwelling) on 275.25 acres, from A to R-1/PUD (One Family Dwelling /Planned Unit Development) on 181.81 acres, and from R-S-20A (Residential Suburban 20-acre Minimum Lot Size) to R-1 on 9.78 acres. Bakersfield, California, August 16,2006 - Page 14 ACTION TAKEN 6. CONSENT CALENDAR HEARINGS continued Public Hearing to consider General Plan Amendment/Zone Change 05-1917; Marino/ Associates representing Taft 28 LLC (property owner) has applied for a general plan amendment and zone change on 28.87 acres, located on the southwest corner of Taft Highway and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 28.87 acres. First Reading of Ordinance approving the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from E(20)-RS (Estate-20 acres- Residential Suburban Combining) to R-2 (Limited Multiple Family Dwelling) on 28.87 acres. d. RES 215-06 2. FR e. Public Hearing to consider General Plan Amendment/Zone Change 05-1918; Marino/ Associates representing KC Taft Gosford (property owner) has applied for a general plan amendment and zone change on 18.43 acres located on the southeast corner of Taft Highway and Gosford Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 18.43 acres. RES 216-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/Church Overlay) on 18.43 acres. FR Bakersfield, California, August 16,2006 - Page 15 ACTION TAKEN 6. CONSENT CALENDAR HEARINGS continued Public Hearing to consider General Plan Amendment/Zone Change 05-1479; Mcintosh & Associates and Centex Homes representing Kevin Earl Pascoe and Laura Cregger Pascoe (property owners) have applied for a general plan amendment and zone change on 8.92 acres located north of Taft Highway (State Route 119) between Stine Road and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to LR (Low Density Residential) on 8.92 acres. f. RES 217-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (Single Family Residential) on 8.92 acres FR g. Public Hearing to consider General Plan Amendment/Zone Change 05-1783; Mcintosh & Associates, representing Fairfax Holdings (property owner) has applied for a general plan amendment and zone change on 89.5 acres located on the west side of Fairfax Road, south of Redbank Road. An appeal of the Planning Commission decision was submitted by Mcintosh and Associates. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from RR (Rural Residential), SR (Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential) on 89.5 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-11 & 124-12 from R- S-1A (Residential Suburban-1 acre Minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban- 2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources-5 acres) to R-1 on 5 acres. RES 218-06 2. FR Bakersfield, California, August 16, 2006 - Page 16 6. CONSENT CALENDAR HEARINGS continued Item 6.g. continued ACTION TAKEN Hearings opened at 5:20 p.m. Harry Love requested item 6.c. be moved to the regular hearing calendar. Hearings closed at 5:22 Motion by Vice-Mayor Maggard to approve Consent Calendar Hearings 6.a. through 6.g. with the removal of item 6.c. for separate consideration. APPROVED AS SULLIVAN 7. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(C) of Government Code section 54956.9. (One case regarding claim of Minnie Jung.) Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:24 p.m. APPROVED AS SULLIVAN Motion by Councilmember Benham to adjourn from Closed Session at 5:50 p.m. RECESS APPROVED CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code section 54956.9. (One case regarding claim of Minnie Jung.) AGR 06-246 City Attorney Ginnaro announced concerning item 7.a.: "In Closed Session tonight the City Council unanimously approved the City to enter into a contract with American Restoration, in an amount not to exceed $95,000 for the restoration, remediation, packing and storing regarding the claim of Minnie Jung. " PUBLIC STATEMENTS a. Dean Gardner spoke regarding railroad crossing safety and train whistle noise and provided handouts. Bakersfield, California, August 16, 2006 - Page 17 ACTION TAKEN Councilmember Benham requested the City Attorney investigate creating a "quiet zone" and if necessary forward the matter to the Legislation and Litigation Committee. b. Jaime Carmona and Alexis Skaggs spoke regarding a Social Host Ordinance and provided handouts. 8. HEARINGS a. Continued Public Hearing to consider General Plan Amendment/Zone Change 05-0940; Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon and Barbara Sheldon (property owners) has applied for a general plan amendment and zone change on 52.29 acres, located west of Cottonwood Road, between East Panama Lane and Pacheco Road. An appeal to the Planning Commission decision was submitted by Roger A. Mcintosh. 1. Resolution the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) on 52.29 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres. Development Service Director Grady made staff comments and made a presentation. RES 219-06 FR 2. Hearing opened at 6:31 p.m. John Lewis, Farmer John Eggs, spoke in opposition to the staff recommendation. Roger Mcintosh, Mcintosh and Associates, spoke on behalf of Patty Smale, spoke in favor of the staff recommendation. John Lewis, Farmer John Eggs, spoke in rebuttal opposition to the staff recommendation. Hearing closed at 6:37 p.m. Bakersfield, California, August 16, 2006 - Page 18 8. HEARINGS continued Item 8.a. continued ACTION TAKEN Vice-Mayor Maggard requested the Planning and Development Committee analyze the feasibility of establishing a policy regarding buffers. Motion by Councilmember Carson to adopt the Resolution and give first reading to the Ordinance, including a stand alone covenant informing buyers of the distance of the chicken ranch. APPROVED b. Public Hearing to consider General Plan Amendment/Zone Change 05-1928; Porter Robertson Engineering representing Todd Sweaney (property owner) has applied for a general plan amendment and zone change on 38.86 acres located at the northeast corner of Snow Road and Jewetta Avenue (future). An appeal of the Planning Commission decision was submitted by Harold W. Robertson. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) and ER (Estate Residential) to SR (Suburban Residential) on 38.86 acres. RES 220-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to E (Estate Residential) on 38.86 acres. FR Assistant City Clerk Gafford announced correspondence was received from Dennis and Laura McLean in support of the staff recommendation for item 8.b. Planning Director Grady made staff comments. Hearing opened at 7:08 p.m. Harold Robertson, on behalf of the applicant, Todd Sweaney, spoke in opposition to the staff recommendation. Bakersfield, California, August 16, 2006 - Page 19 8. HEARINGS continued Item a.b. continued ACTION TAKEN Laura McLean spoke in support of the staff recommendation. Harold Robertson, on behalf of the applicant, Todd Sweany, spoke in rebuttal opposition to the staff recommendation. Hearing closed at 7:16 p.m. Motion by Councilmember Couch to uphold the appeal, accept the off-site street improvement conditions, adopt a Resolution approving the General Plan Amendment and give first reading to the Ordinance. APPROVED c. Continued 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 and zone change 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. RES 221-06 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. FR Assistant City Clerk Gafford announced correspondence was received from Tony Reed and Dennis and Vicki Meadows in opposition to approval of this item. Additionally a petition was received in opposition to the item. Development Services Director Grady made staff comments; additionally Assistant Public Works Director LaRochelle made a staff presentation. Hearing opened at 7:37 p.m. Bakersfield, California, August 16, 2006 - Page 20 8. HEARINGS continued Item B.c. continued ACTION TAKEN Bill Northrup, Don Wattenbarger, Mike Lewis, Don Fowler, Daniel Stevenson and Mark Tumblin spoke in opposition to the staff recommendation. Joseph Coscenza spoke is support of the staff recommendation. Bill Northrup, Don Wattenbarger and Daniel Stevenson spoke in rebuttal opposition to the staff recommendation. Joseph Coscenza spoke in rebuttal support of the staff recommendation. Hearing closed at 8:11 p.m. Annette Davis, Adavco, answered questions of Vice-Mayor Maggard. Councilmember Couch announced additional conditions to which the developer has agreed: . roof-mounted air conditioners not allowed on homes that abut Snow Rd. . one ingress and one egress on Snow Rd. to have right turn access only . construct median on Snow Rd. in front of project site . roofs on all structures in the project will be tile . block walls are to be built along entrances to the project . the number of homes in the project will be reduced from 370 to 350 Motion by Councilmember Couch to approve the General Plan Amendment with the inclusion of the aforementioned conditions. APPROVED Recess taken from 8:56 p.m. to 9:08 p.m. d. Public Hearing to consider General Plan Amendment/Zone Change 05-1947; Banducci Land, LLC. (property owner) has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission's decision was submitted by Brent Dezember. CONTINUED Bakersfield, California, August 16,2006 - Page 21 8. HEARINGS continued Item B.d. continued ACTION TAKEN 1. Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and adopting the general plan amendment changing the land use designation from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to R-1 (One-Family Dwelling) on approximately 46 acres. Assistant City Clerk Gafford announced correspondence was received from Charles D. Melton, Clifford & Brown, on behalf of Builders Concrete, supporting the appeal and requested continuance. Staff comments by Development Services Director Grady. Hearing opened at 9:09 p.m. No one spoke. Motion by Councilmember Hanson to continue the issue to the August 30, 2006 Council meeting. APPROVED e. Public Hearing to consider General Plan AmendmenUZone Change 05-1887; Marino! Associates, representing Mel Heinemann and Jack & Nuha Haddad, (property owners), has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. CONTINUED Bakersfield, California, August 16, 2006 - Page 22 8. HEARINGS continued Item a.e. continued ACTION TAKEN 2. Resolution denying the amendment of Title 17 of the Municipal Code and amendment to Zoning Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to P.U.D. (Planned Unit Development) on 39.29 acres. Assistant City Clerk Gafford announced correspondence was received from the applicant's attorney, Teri Bjorn, requesting this item be continued to the next General Plan Amendment cycle. Staff comments by Development Services Director Grady. Hearing opened at 9:11 p.m. No one spoke. Hearing closed at 9:13 p.m. Motion by Councilmember Carson to continue item B.e. to the next GPA cycle. APPROVED f. Public Hearing to consider General Plan Amendment/Zone Change 05-0519; Mcintosh & Associates representing Santa Barbara Capital (property owner) has applied for a general plan amendment and zone change on 466.84 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and 'Y:2 mile west of Ashe Road (future Reliance Drive) to the west. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 05- 0519/Annexation No. 503. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres. RES 222-06 2. RES 223-06 Bakersfield, California, August 16, 2006 - Page 23 8. HEARINGS continued Item 8.f. continued ACTION TAKEN Assistant City Clerk Gafford announced correspondence was received from Babek Naficy, on behalf of the Sierra Club, making comments on the matter. Hearing opened at 9:13 p.m. Harry Love, on behalf of the Sierra Club, spoke in opposition to the staff recommendation and provided written material. Roger Mcintosh, Mcintosh and Associates on behalf of Santa Barbara Capital, and Teri Bjorn, Kronick Moscovitz, spoke in favor of the staff recommendation and provided written material. Hearing closed at 9:31 p.m. Motion by Councilmember Sullivan to approve the Resolution and give first reading to the Ordinance. APPROVED 9. COUNCIL AND MAYOR STATEMENTS Council member Benham submitted documents supporting referrals. Councilmember Benham requested Code Enforcement in the San Emidio St. alley. Councilmember Benham requested an update regarding sidewalk repairs on 18th St. at Cay Health Foods. Councilmember Benham requested staff respond to a citizen's letter regarding business practices at Costco. Councilmember Benham requested staff respond to any new concerns by a citizen requesting clarification of the taxi cab permit process. Councilmember Carson requested staff investigate lack of police response to noise complaints from 3408 Lotus Lane. Councilmember Carson made comments regarding community violence and announced a meeting in front of 129 U St., tomorrow, August 17,2006 at 4:00 p.m. for the purpose of mobilizing the community against violence. Bakersfield, California, August 16, 2006 - Page 24 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Couch submitted written material for referrals. Councilmember Couch requested staff meet with the County regarding traffic issues at Hageman and Allen Roads and offer City support for a solution to various problems. Councilmember Scrivner thanked Code Enforcement for service to the community. Councilmember Hanson requested clarification regarding staff responses to emails. Councilmember Hanson requested staff respond to a request for a stop sign on Mountain Oak. Councilmember Hanson requested increased patrol in the 10,000 block of Mirage due to vandalism. Councilmember Hanson requested staff provide information regarding the prosecution/sentences of convicted graffiti vandals and report back to Council. Councilmember Hanson requested an update regarding a house on Landfare that is perpetually under construction. Councilmember Hanson requested provide an update regarding the status of installation of a catch basin at Montalvo/Dos Rios. Councilmember Sullivan made comments regarding street conditions. Councilmember Sullivan made comments regarding citizen responsibility and pets. Councilmember Sullivan made comments regarding the 50 year anniversary of the National Motto. Vice-Mayor Maggard requested staff implement a constituent tracking system. Vice-Mayor Maggard requested staff provide an update on Mr. Stanton's previous request regarding clean- outs of the lake and/or catch basins in the Riverlakes area. Bakersfield, California, August 16, 2006 - Page 25 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice-Mayor Maggard requested Fire staff investigate fire hydrants being turned off along Morning Dr. between Auburn and Paladino; investigate the safety issue and possible depletion of water for Fire Department use; and assure the scenario won't be repeated. Vice-Mayor Maggard requested staff determine whether or not people are living in boarded up apartments at the Via Jolla Apartments. Vice-Mayor Maggard requested Public Works Director Rojas, Development Services Director Grady and Councilmember Couch create a break apart committee for the purpose of addressing traffic issues with the County. Vice-Mayor Maggard requested a comprehensive strategy plan to combat urban terrorism including asset forfeiture on a grand scale, no reduction of time served and investigating use of private prison to increase capacity. Vice-Mayor Maggard requested the San Joaquin Valley Air Pollution Control District provide further assistance in purchasing energy efficient equipment. Vice-Mayor Maggard requested staff provide information regarding possible utilization of Facility Replacement Funds to build fire stations. Mayor Hall made comments regarding graffiti, the Keep Bakersfield Beautiful Committee the new anti-graffiti brochure and the number of arrests made since the first of the year. 10. ADJOURNMENT Mayor Hall adjourned the meeting at 10:05 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield