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.
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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