HomeMy WebLinkAbout10/11/06_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
OCTOBER 11, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular.Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. WORKSHOPS
3. PUBLIC STATEMENTS' (Regarding Closed Session nam(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. (One issue)
b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding John M. Tarabino, et al v. City.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Nolberto Gomez, Victory Outreach.
7. PLEDGE OF ALLEGIANCE by Elijah Reza, 3rd Grade Student at Bessie Owens Primary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dr. Michael Clark, Director, Kern Regional
Center, proclaiming October 2006, as "Employment for People with Disabilities Month".
b. Presentation by Mayor Hall of Proclamation to Penny Burciaga, Youth Outreach Director,
Bakersfield Rescue Mission, proclaiming October 15-21, 2006, as "Character Counts
Week".
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 27,2006, Regular City Council Meeting.
Payments:
b. Approval of department payments from September 16, 2006 to September 28, 2006 in the
amount of $9,497,607.66 and self-insurance payments from September 16, 2006 to
September 28, 2006 in the amount of $242,476.94.
Ordinances:
c. First Reading of Ordinance amending Subsection B of Section 13.12.030 of the Municipal
Code relating to Standard Design Manuals.
12. CONSENT CALENDAR continued
d. First Reading of Ordinance repealing Section 15.64.380 of the Municipal Code relating to
Fire Department members assuming duties of peace officers.
(Ward 6)
(Ward 4)*
(Ward 7)
(Ward 5)
(Ward 7)
(Ward 1)
First Reading of Ordinance amending Title 17 (Zone Map No. 123-11) of the Municipal Code
by changing the zoning from R-3 (Limited Multi-Family Dwellings-1 ,250 sq ftIdwelling unit) to
C-O (Professional and Administrative Office) on 11,974 sq ft (0.27 acres) located at the
northwest corner of Akers Road and Ardmore Avenue. (ZC 06-0620) (Applicant: Mcintosh &
Associates/Property Owner: ETMM Partnership)
First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 102-06) of the Municipal Code by changing the zoning from E-5A (Estate-5 acre
minimum lot size) to C-2 (Regional Commercial) on 18.79 acres located at the northwest
corner of Snow Road and Calloway Drive (ZC 06-0380) (Applicant: Marino and
Associates/Property Owner: Julia Randolph, et al)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 123-23) of the Municipal Code by changing the zoning from PCD (Planned
Commercial Development) to Revised PCD on 1.8 acres located on the south side of
Pacheco Road, approximately 100 feet west of Wible Road. (ZC 06-0368) (Applicant: Olsen
Design Studio/Property Owner: Catalina Barber Group) (FR 09127/06)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 102-32) of the Municipal Code by changing the zoning from C-2 (Regional
Commercial) to C-Q (Professional and Administration Office) on 0.58 acres located on the
south side of Brimhall Road, ~ mile west of Coffee Road. (ZC 06-0737) (Applicant: Porter-
Robertson Engineering & Surveying/Property Owner: JP/CP Development) (FR 09127/06)
Resolutions:
e.
f.
g.
h.
i. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Budget Presentation for January through December 2007.
j.
Resolution adding territory, Area 3-57 (Berkshire, Wible 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 4-63 (Texas, Easter 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.
I. Amendment No.3 to Resolution No. 078-06 setting salaries and related benefits for officers
and employees of the General Supervisory, Police Supervisory and Management Units, and
adopting salary schedule and related benefits for Parks Superintendent.
k.
m. Amendment NO.6 to Resolution No. 049-06 setting salaries and related benefits for
employees of the Blue and White Collar Units, and adopting salary schedule and related
benefits for Construction Inspector II.
Agreements:
(Ward 5)
n.
(Ward 4)
o.
. - upon annexation
Agreement with Castle & Cooke California, Inc. ($65,000) for reimbursement of all costs
associated with construction of Tevis Planned Drainage Area facilities not associated with
Tract 5940 development requirements.
Agreement with Castle & Cooke California, Inc. ($110,000) for reimbursement of costs to
construct an additional sewer main across Stockdale Highway.
2
(Ward 4)
(Ward 2)
(Ward 4)
(Ward 1)
12. CONSENT CALENDAR continued
Road Improvements along Jewetta Avenue and Stockdale Highway:
1. Agreement with Castle & Cooke California, Inc. (not to exceed $620,000) for
reimbursement of costs for road improvements.
2. Transfer $249,200 from Capital Improvement Project (Street Improvement - Panama
Lane Widening) to this project within the Transportation Development Fund.
q. 2007 Healthcare Contracts (Personnel Committee recommends approval)
p.
1. Amendment No. 1 to Agreement No. 05-414 with Blue Cross of California for
indemnity health and dental services.
2. Amendment No. 1 to Agreement No. 05-415 with Blue Cross/California Care Health
Plans for medical services for employees and retirees.
3. Amendment No. 1 to Agreement No. 05-416 with Blue Cross of California for
Medicare Risk Plan Senior Secure.
4. Amendment No. 1 to Agreement No. 05-417 with Kaiser Permanente - Managed
Care Health Plans for medical services for employees.
5. Amendment No. 1 to Agreement No. 05-418 with Kaiser Permanente - Managed
Care Health Plans for medical service for retirees (including Medicare Risk Plan.
6. Amendment No. 1 to Agreement No. 05-419 with Medical Eye Services (MES) for
vision services.
7. Amendment NO.1 to Agreement No. 05-420 with Pacific Union Dental for pre-paid
dental services.
8. Amendment No. 1 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for
pre-paid dental services.
9. Amendment No. 1 to Agreement No. 05-422 with PacifiCare Behavioral Health of
California for Employee Assistance Program (EAP).
10. Amendment No. 1 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for emotional health care services.
r.
Amendment No.3 to Agreement No. 04-097/RA04-005 authorizing the Bakersfield
Redevelopment Agency to use Community Development Block Grant funds for the Old Town
Kern-Mixed Use Project.
Contract Change Order No.1 to Agreement No. 06-184 with Bakersfield Well & Pump
Company ($63,810 revised not to exceed $812,945) for upgrades to well discharge piping at
CBK-45 located at 1500 Jenkins Road, north of Brimhall Road, and, L-212 located at 5108
Trinidad Lake Way, in the vicinity of Noriega Road and Allen Road.
s.
Bids:
Accept base bid & additive alternate and award contract to Granite Construction Company
($417,240) for additional asphalt paving at S. Mt. Vernon Recycling Center project.
Miscellaneous:
t.
u. Appropriate $2,935 Federal Grant Revenues (L.L.E.B.G.) to the Police Department
Operating Budget within the General Fund toward the cost of surveillance equipment.
Staff recommends adoption of Consent Calendar items a through u.
3
(Ward 1)
(Ward 2)*
(Ward 3)
(Ward 3)
15.
16.
17.
18.
19.
10/05/06 10: 15am
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
Public Hearing to consider Resolution authorizing Disposition and Development Agreement
with the Bakersfield Redevelopment Agency for conveyance of real property located at 106
E. White Lane in accordance with Health and Safety Code Section 33445 for construction of
Fire Station No.5 and Police Sub-station.
Staff recommends adoption of resolution.
a.
b.
Public Hearing to consider Resolution denying the appeal by West Coast Land Service and
upholding the Planning Commission's decision approving Porter-Robertson Engineering &
Surveying, Inc., representing EI Toro Viejo, LLC (property & mineral rights owner) application
for Vesting Tentative Tract Map 6853 on 51.31 acres located at the northeast corner of
Langley Road and Calloway Drive.
Staff recommends adoption of resolution.
c.
Public Hearing to consider appeal by James B. Wiens, Clifford and Brown, representing Mr.
and Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr of the Planning Commission's
decision approving request by Marino and Associates, representing Patricia Crawford, et al
(property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to
R-S (Residential Suburban) located on the south side of Pioneer Drive (extended),
approximately 660 feet east of Vineland Drive.
1. First Reading of Ordinance denying the appeal and adopting a negative declaration
and amending Title 17 of the Municipal Code and Zone Map No. 104-32 by changing
the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally
located on the south side of Pioneer Drive (extended) approximately 660 feet east of
Vineland Drive.
Staff recommends give first reading to ordinance.
d. Public Hearing to consider giving First Reading to Ordinance approving a Negative
Declaration and amending Chapter 17.66 of the Municipal Code relating to HD, Hillside
Development Combining Zone.
Staff recommends adoption of negative declaration and give first reading to ordinance.
REPORTS
DEFERRED BUSINESS
NEW BUSINESS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Z~Sq[~ {~M
Alan Tandy
City Manager
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AGENDA HIGHLIGHTS
OCTOBER 11, 2006 COUNCil MEETING
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation and one case of
existing litigation.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of an Ordinance Amendina the Municloal Code relatina to Standard Desian
Manuals. The Public Works Department uses several design manuals, reference standards and
specifications in order to ascertain th$ need for, and manner of construction of improvements in
connection with City development. Several of the documents have been revised and this amendment
details those revisions.
Item 12d. First Readina of an Ordinance Reoealina a Section of the Munlcloal Code relatina to Fire
Deoartment Members Assumina Duties of Peace Officers. The original Code Section provided that all
members of the Fire Prevention division "are peace officers when enforcing laws relating to fire
prevention, fire suppression and environmental regulations." In 2002, the Fire Department reorganized
and now all employees assigned to the Fire Prevention division are non-safety, miscellaneous
employees. Therefore, this language is no longer necessary.
Item 128. First Readina of an Ordinance Amendina the Municioal Code by Chanaina the Zonina from R-
3 (Limited Multi-Family Dwelllnas) to C-O (Professional And Administrative Office) on 0.27 Acres Located
at the Northwest Corner of Akers Road and Ardmore Avenue. Mcintosh & Associates, representing
ETMM Partnership, requests the zone change to allow commercial office development. This action will
bring the site's zoning into conformance with the General Plan and the surrounding commercially zoned
properties also located on the west side of the Intersection. Staff prepared a categorical exemption
pursuant to the California Environmental Quality Act, because it Is an infill development that is consistent
with the General Plan and zoning regulations. On August 3, 2006, the Planning Commission
recommended approval by the City Council, subject to the conditions of approval. No one either spoke in
opposition or submitted correspondence opposing the change.
Item 12d. First Readina of an Ordinance Amendinathe Municioal Code by Chanalna the Zonina from E-
5A (Estate-5 Acre Minimum Lot Size) to C-2 (Reaional Commercial) on 18.79 Acres Located at the
Northwest Comer of Snow Road and Calloway Drive. Marino and Associates, representing Julia
Randolph, et ai, made the request for the purpose of developing a. low-rise 205,000 square foot
neighborhood shopping center. Planning staff recommended a more appropriate C-1 (Neighborhood
Commercial) zone, because the surrounding area is expected to be developed with residential uses in
the future. The site is designated as General Commercial on the Metropolitan General Plan. Teri Bijom
from the Kronick Moskovitz law firm, speaking on behalf of the applicant, said the applicant does not
oppose the C-1 zone recommendation.
On July 20, 2006, the Planning Commission approved the C-1 zone change and recommended approval
. by the City Council. At the hearing, an area resident expressed concerns about student activities from
the school grounds to the shopping center, and also noted traffic problems at the Norris Middle and
Norris Elementary Schools located diagonally across the corner from the site.
,
Agenda Highlights
Ckrtober11,2008 ~
Page 2
Resolutions
Item 12/. Resolution Settina the Dates of Reaular City Council Meetinas. Budaet Hearinas. and
Deoartment Budaet Presentation for Januarv throuah December 2007. All meetings will be held In the
Council Chambers. Due to unforeseen conflicts. the Joint meetings of the Council and Board of
Supervisors have been changed to Monday, March 5, 2007 and Monday, September 17, 2007.
Aareements
Item 120. Aareement With Castle & Cooke California. Inc. for Reimbursement of Costs to Construct an
Additional Sewer Main Across Stockdale Hlahwav in the amount of $110.000. Castle & Cooke is
currently developing Tentative Tract 6448, located south of Stockdale Highway and west of Renfro Road.
As part of the development requirements, sanitary sewer improvements, along with a regional sewer lift
station, must be constructed. Construction of the additional sewer main was incorporated Into
construction of the regional lift station by Castle & Cooke. Sufficient funds are budgeted to cover this
reimbursement agreement.
Item 12p. Aareement With Castle & Cooke California. Inc. for Reimbursement of Costs for Road
Imorovements alona Jewetta Avenue and Stockdale Hiahwav In an amount not to exceed $620.000. On
January 31, 2001, the City and Castle & Cooke (Developer) entered into an Agreement to purchase land
for water recharge purposes north of Stockdale Highway and east of Jewetta Avenue. Included within
this agreement was a provision for the Developer to construct future road Improvements along both
Jewetta Avenue and Stockdale Highway. Since the Developer took the lead on providing road
improvements within this area, they also completed a portion of road Improvements which was the City's
responsibility. The finished road Improvements will save the City a significant amount of money when
the Westside Parkway is eventually constructed.
There is $370,800 Included in the current year Capital Improvement Budget for this project. However,
the scope of the project increased in order to include necessary work to properly facilitate construction of
the future Wests ide Parkway. Budgeted funds are insufficient to cover expenses; therefore, staff
recommends the transfer of funds available from the recently completed Panama Lane Widening project.
Item 12q. 2007 Healthcare Contracts. The City's contracts for health insurance are up for renewal for
2007. The City's health care consultants have worked diligently with the various vendors to obtain the
most favorable renewal rates. These rates reflect an increase in premium payment reserves In the active
employee Blue Cross PPO plan, as well as favorable experience for the retiree Blue Cross PPO plan.
The City's health insurance claims experience was also positively impacted by the plan changes agreed
to for 2006. The Insurance Committee and the Personnel Committee have reviewed the proposed
premium revisions and recommend approval. There are sufficient funds budgeted in the 2006-07 budget
to fund these increases.
Bids
Item 12t Award Contract to Granite Construction Comoanv for Additional Asohalt Pavina at South
Mount Vemon Recvclina Center Prolect. in the amount of $417.240. This project will add more paved
work area for the increasing wood and greenwaste recycling which is currently done on dirt at the Mount
Vernon Greenwaste Facility. The additional pavement will reduce the amount of dust to comply with Air
District regulations. This project is funded by the Refuse Collection Fund. There are sufficient funds
budgeted to award both the Base Bid and the Additive Alternative for this contract. Four acceptable bids
were received. Staff recommends award to Granite Construction Company.
Agenda Highlights
October 11, 2006
Page 3
HEARINGS
Item 1411. Public Hearinc to Consider a Resolution Authorizinc a Disoosition and Develooment
Acreement with the Bakersfield Redevelooment Acencv for Convevance of Real Prooertv Located at 106
E. White for Construction of Fire Station No.5 and a Police Sub-Station. The City is required to hold a
public hearing authorizing the Redevelopment Agency to commit funding to the project and approving
the conveyance of property acquired by the Agency for the project. The legislative body is required to
make the following findings: 1 ) the payment of funds for the acquisition of property is consistent with the
Implementation Plan for the Southeast Bakersfield Redevelopment Project Area; 2) that no other
reasonable means of financing the project are available; and 3) the project will benefit the project area or
the immediate neighborhood. Staff has found the transfer of the property is consistent with the
Bakersfield General Plan.
Item 14b. Public Hearinc to Consider a Resolution Denvinc the Aooeal bv West Coast Land Service and
Uoholdina the Plannlnc Commission's Decision AODrovinc the ADDlicatlon for Vestine Tentative Tract
MaD 6853 on 51.31 Acres Located at the Northeast Corner of Lanclev Road and Callowav Drive. The
tentative tract would allow for the development of 210 lots and 2 lots for active petroleum wells on the
51.31-acre project site.
Fred Rappleye with West Coast Land Service, who represents the mineral lessee, and Gordon Dole of
Dole Enterprises, Inc. .testified during the August 17, 2006 Planning Commission public hearing. The
concern is that the approved tentative tract map deprives the lessee of two petroleum well sites and is
not designed In accordance with local ordinances regarding safety, setback, and the integration of
petrOleum facilities into the subdivision. The Planning Commission approved the request with conditions,
and West Coast Land Service has appealed.
The Commissioners formed a consensus that a "private" dispute between EI Toro Viejo, LLC (subdivider)
and Dole Enterprises (mineral lessee) was in progress. The Commission determined that (a) the
information presented by the appellant did not warrant a continuance; (b) neither a redesign of the
vesting tract map nor a revision of the conditions of approval regarding the issues contested was
necessary; and (c) the City need not become involved in the owner and lease holder's "private" dispute.
Item 14c. Public Hearinc to Consider an ADDeal of the Planninc Commission's Decision to AODrove a
Reauest for a Zone Chance to Pre-zone 20 Acres from A (Acrlculture) to R-S (Residential Suburban)
Located on the South Side of Pioneer Drive (extended), Aooroxlmatelv 660 Feet East of Vineland Drive.
The zone change is requested in order to construct a large lot, single-family residential development
The project site is currently undeveloped and the property owners have requested annexation. On July
20, 2006, the Planning Commission recommended adoption by the City Council, subject to conditions of
approval. An appeal was filed by James B. Wiens, representing the Stoller and Lehr families, who are
adjacent land owners with agricultural operations. On September 13, 2006, the City Council held and
closed a public hearing on the appeal to this zone change request. The Council requested staff research
and prepare responses to several questions. Those questions and responses are attached to the
administrative report.
Item 14d. Public Hearinc to Consider Givina a First. Readinc to an Ordinance ADDrovinc a Necative
Declaration and Amendinc the Municioal Code relatinc to HD. Hillside Develooment Combininc Zone.
In 2003, the City Council directed Planning Staff to examine the potential long-term effects of
development along the bluffs in Northeast Bakersfield. In March 2005, Council requested staff
recommend ways to clarify and strengthen the Hillside Ordinance. In April 2005, the Planning and
Development Committee reviewed and considered Changes concerning hillside stability, lot and fence
setbacks and the use of landscaping. From the Committee's input, staff composed a draft amendment
to the existing ordinance.
,
Agenda Highlights
October 11, 2006
Page 4
,
The first draft of the Amendment was available for public comment in May, 2005 and input on the draft
was heard at a City of Bakersfield Planning Commission Public Hearing on June 2, 2005. In response
from comments heard in the public hearing for the first draft of the Amendment on whether an
Environmental Impact Report was required for the Amendment, staff prepared an Initial Study. Based
upon an initial environmental assessment, staff has determined the proposed project will not significantly
affect the environment; therefore a Negative Declaration was prepared.
In response to comments and additional information gained from the City's consultant team and review
of additional ordinances from other jurisdictions, clarifications and changes were incorporated into this
second draft of the Amendment that was heard at a Planning Commission Public Hearing on July 6,
2006. There were 2 % hours of comments given at this Public Hearing. Several people spoke both in
favor and in opposition, after which the Public Hearing was closed. The Planning Commission
continued deliberation until September 7, 2006 and voted to approve the ordinance and recommend
same to the City Council.
Details of the proposed amendment are listed in the administrative report. A goal was established to
"Conserve and enhance the unique aspects of open space within the planning area." To that end, four
of the ten policies adopted In the General Plan's Open Space Element address hillside development.
The proposed ordinance changes also address issues identified in the General Plan.
On September 7, 2006, the Planning Commission voted 6 to 0 In favor of recommending the
Amendment to the City Council.
App~v~: ~
John W. Stinson, Assistant City Manager
00: Department Heads
Rhonda Smiley, Public Information OffIcer
City Manager's File
City Clerk's OffIce
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Closed Session
ITEM: t1.Cl.
October 2, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9.
(One issue).
RS:do
S:\COUNCIL\CI Sess\Admins\06-Q7\10-11-06 Potential1.dot
October 2. 2006. 4:27PM
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Closed Session
ITEM: I-t. b.
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
October 2,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· John M. Tarabino, et al v. City of Bakersfield
Kern County Superior Court, Case No. S-1500-CV-257620-SPC
VG:do
S:\COUNCIL\CI Sess\Admins\06-07\ 1 Q-11-06Existlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Presentations
ITEM: q. 0.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 28, 2006
LBJJVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. Michael Clark, Director, Kern Regional
Center, proclaiming October 2006, as "Employment for People with Disabilities Month".
RECOMMENDATION:
BACKGROUND:
ndw
September 28.2006. 12:39PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Presentations
ITEM: C\. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 28, 2006
JelfJli!lfED
DEPARTMENTHEAD~
CITY ATTORNEY
CITY MANAGER r(lA '3
SUBJECT: Presentation by Mayor Hall of Proclamation to Ms. Penny Burciaga, Youth Outreach
Director, Bakersfield Rescue Mission, proclaiming October 15 through 21, 2006, as
"Character Counts Week".
RECOMMENDATION:
BACKGROUND:
ndw
September 28.2006. 12:36PM
S:\MA YOR\ADMIN\2006\CHARACTER COUNTS WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: ILa..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
September 29, 2006
l APPROVED
DEPARTMENTHEAD~~)Ml
CITY ATTORNEY
CITY MANAGER 6'ZU7
SUBJECT: Approval of minutes of the September 27,2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kl
ADMINISTRATIVE REPORT
MEETING DATE: October 11,2006
AGENDA SECTION: Consent Calendar
ITEM: lJ. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
September 28,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from September 16, 2006 to September 28, 2006 in the
amount of $9,497,607.66 and self insurance payments from September 16, 2006 to
September 28,2006 in the amount of $242,476.94.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,740,084.60.
BACKGROUND:
RAR
September 28. 2006, 3:36PM
S:\Kim G\Forms & Lables\ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;J. c....
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: An Ordinance Amending Subsection B of Section 13.12.030 of the Bakersfield Municipal
Code Relating to Standard Design Manuals.
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND: The City of Bakersfield Public Works Department uses several design manuals,
reference standards and specifications in order to ascertain the need for, and manner of construction of
improvements in connection with development in the City. These standards come from state, national and
international agencies and organizations. The standards and specifications have been officially adopted in
Chapter 13.12.030 of the Municipal Code. Several of the documents have been revised and this
amendment sets forth the specific versions of each document that the City is utilizing.
Pw cmw
September 19. 2006. 4:30PM
C:\DOCUME-1\cwalker\LOCALS-1 \ T emp\XPgrpwise\DevelopStandOrdRev _1 st Read.doc
ORDINANCE NO.
AN ORDINANCE AMENDING
SUBSECTION B OF SECTION
13.12.030 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
STANDARD DESIGN MANUALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Subsection B of Section 13.12.030 of the Bakersfield Municipal Code entitled
Standards and specifications is hereby amended to read as follows:
Section 13.12.030 Standards and specifications.
B. The following standard manuals are adopted for the purposes stated in
subsection A of this section:
1. Subdivision Design Manual, City of Bakersfield, 1989
2. Standard Specifications, Caltrans, 2002, Dual Units Mav 2006
3. Standard Plans, Caltrans, 2002, Dual Units Mav 2006
4. "Greenbook", Standard Specifications for Public Works Construction,
AP\'V I\, 2003 Current ~jtiQn
5. Standard Special Provisions, CalTrans, 2002 01::181 Units Mav 2006
6. Sign S1gecifieati9A Manl::lsl, Vel. 1 aAd 2, CaITr-ans, 1992 ~
6a. California Standi[Q ~ian Soecifications. Current...EQW.sm
7. Traffic Signal Control Equipment Specifications, CalTrans, current edition
8. Highway Design Manual, CalTrans, 4~EQition 2006. ~ Version
9. Traffic Manual, CalTrans, ~ 1~~6. Chaoters 1. 2. 7. 9 lSec.9-0R
~
10. Construction Manual, CalTrans, ~ ~
11. A Policy on Geometric Design of Highways and Streets, AASHTO, 4QQQ
~
12. Mar:n-Jal on UAiferm Traffic Control De'Jic9s, FWHA, MillenRium iaition
~Q6 California ~.
13. Fundamentals of Traffic Engineering, Institute of Transportations Studies,
U.C. Berkeley, 15th Edition
14. Equipment and Materials Standards, ITE, ~ jjWZ
15. Traffic Engineering Handbook, ITE, ~ ~
16. Transportation Planning Handbook, ITE, ~ ~
17. Transportation and Land Development, ITE, 4Q8i ~
18. Residential StFeet Design ana Traffic Control Streets, ITE, 49i9 ~
Page 1 of 3
S:\PROJECTS\CMW\standards\ 13.12.030BAmend.Manuals_rev.doc
I HERESY CERTIFY that the foregoing Ordinance was passed and adopted by
the council of the City of Bakersfield at a regular meeting thereof held on , by
The following vote:
AYES:
NOES:
ABSTAIN:
AGSENT:
COUNCIL MEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED:
BY:
HARVEY L. HALL, Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
Page 3 of 3
S:\PROJECTS\CMW\standards\ 13.12.030BAmend.ManualsJev.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: (~.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 22, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
18/n4
t8m4
om
SUBJECT: Ordinance repealing Section 15.64.380 of the Bakersfield Municipal Code relating to Fire
Department members assuming duties of peace officers.
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
Staff is recommending the above section of the Municipal Code be repealed because its terms no
longer apply to the present organization within the Fire Department. Section 15.64.380 provides
that "Members of the fire department assigned to the fire prevention division, are peace officers
when enforcing laws relating to fire prevention, fire suppression and environmental regulations." In
2002, a reorganization occurred in the department whereby all employees assigned to the fire
prevention division are non-safety, miscellaneous employees. Fire safety employees are no longer
assigned to or a part of the fire prevention division. Consequently, staff recommends that this
section be repealed.
RMS:lsc
September 22,2006, 2:46PM
S:\COUNC IL \Admins\06-07 Admins\ 1 5.64.380. Repeal. Fire-PeaceOfficers.doc
ORDINANCE NO.
ORDINANCE REPEALING SECTION 15.64.380 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO FIRE
DEPARTMENT MEMBERS ASSUMING DUTIES OF
PEACE OFFICERS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1
Section 15.64.380 of the Bakersfield Municipal Code is hereby repealed in its
entirety.
SECTION 2
This Ordinance shall be posted in accordance with the provIsions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
-----00000-----
S:\COUNCIL \Ords\06-07 Ords\ 15.64.380.Repeal.doc
-- Page 1 of 2 Pages --
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: l~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
September 26, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
~
9J
((lJ?
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 123-11) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from R-3 (Limited
Multi-Family Dwellings - 1,250 sq ftIdwelling unit) to C-O (Professional and Administrative
Office) zone on 11,974 sq ft (0.27 acres) located at the northwest corner of Akers Road and
Ardmore Avenue (ZC# 06-0620 - Mcintosh & Associates, representing ETMM Partnership)
(Ward 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On August 3, 2006, the Planning Commission held an advertised public hearing for this zone change
request and recommended approval of the zone change by the City Council, subject to the conditions of
approval. The request consists of changing the zone from R-3 (Limited Multi-Family Dwellings - 1,250 sq
ftIdwelling unit) to C-O (Professional and Administrative Office) zone on 11,974 sq ft (0.27 acres) to allow
commercial office development generally located at the northwest corner of Akers Road and Ardmore
Avenue. No one spoke in opposition nor submitted correspondence opposing the change.
This zone change will bring the site's zoning into conformance with the general plan, and the surrounding
commercially zoned properties also located on the west side of the intersection. Additionally, the Planning
Division has processed Site Plan Review Number (SPR) 06-0619 which is conditioned to rezone the
property to C-O. That SPR proposes an office development upon this site and abutting property to the
west. The existing apartment building on the land will be demolished prior to the construction of the office
development. Staff has prepared a categorical exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act, because is an intill development that is consistent with the general
plan and zoning regulations. It is within an area predominantly developed with urban uses. It is not
identified as critical habitat for endangered or threatened species. The commercial zone will not
significantly affect traffic, noise, air, or water quality. The area is adequately served by appropriate utilities
& public services. This change will facilitate intill development. Staff recommends approval of the first
reading of the ordinance.
9/27/06
wlawson \ S:\Dana\admin\2006\Oct\10-11-0620.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: la .-r_
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER <\lcJ7
September 25, 2006
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from E-5A (Estate - 5 acre minimum lot size) to C-2 (Regional
Commercial) on 18.79 acres located at the northwest corner of Snow Road and Calloway
Drive (ZC #06-0380 - Marino and Associates, representing Julia Randolph, ETAL) 0Nard 4,
up on annexation)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 20, 2006, the Planning Commission held an advertised public hearing for this zone change
request and recommended approval of the zone change by the City Council. The applicant requested
changing the zone to pre-zone the site from E-5A (Estate - 5 acre minimum lot size) to C-2 (Regional
Commercial). The applicant expresses interest in developing a low-rise 205,000 sq ft neighborhood
shopping center. This type of use is permitted in the C-1 (Neighborhood Commercial) zone, and Planning
staff recommended the C-1 zone was more appropriate, because the surrounding areas is expected to be
developed with residential uses in the future. The site is designated as General Commercial on the
Metropolitan Bakersfield General Plan.
At the hearing, Teri Bijorn from the Kronick Moskovitz law firm spoke for the applicant. She said the
applicant did not oppose the C-1 zone recommendation. Janice Grubb, an area resident, expressed
concerns about student activities from the school grounds to the shopping center. She also noted that
there are traffic problems at the Norris Middle and Norris Elementary Schools located cattycorner from the
sites. The Planning Commission unanimously approved the C-1 zone. Based upon an initial
environmental assessment, staff has determined the proposed project will not significantly affect the
physical environment or existing development; therefore, a Negative Declaration was prepared and
advertised. Staff recommends hold first reading of the zone change ordinance.
wlawson \ S:\ZoneChange\yr 2006\06-0380\CC items\Admin Report.doc-CC.DOC
9/27/06
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
TO:
FROM:
DATE:
AGENDA SECTION: Consent Calendar
ITEM: IJ.. ~.
\.J
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
September 27, 2006 CITY ATTORNEY ~
CITY MANAGER <f2u7
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-23) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from a PCD (Planned Commercial Development) zone to a
Revised PCD (Planned Commercial Development) zone on 1.8 acres located on the
south side of Pacheco Road, approximately 100 feet west of Wible Road. (ZC # 06-
0368 - Olsen Design Studio, representing Catalina Barber Group) 0Nard 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on September 27,2006.
On August 17, 2006, the Planning Commission held an advertised public hearing on this zone change
request, and adopted Resolution No. 165-06 recommending adoption by the City Council. The zone
change request consist~ of changing the zoning from PCD (Planned Commercial Development) zone to
a Revised PCD (Planned Commercial Development) zone on 1.8 acres. The reason for the request is
to obtain approval to develop a 15,748 square foot commercial retail building on the project site. The
proposed PCD zone is consistent with the General Commercial designation on the Land Use Element
of the General Plan. The site is currently undeveloped.
No one spoke in opposition to the project at the Planning Commission hearing.
Attached Exhibit "1" includes conditions from the Site Plan Review committee which reviewed the
project for consistency with ordinance requirements, such as parking, landscaping, walls and lighting,
and access.
Two driveways are proposed on Pacheco Road (collector street). The east side of the building is
proposed to have a drive-thru for a possible coffee house. There are 82 parking spaces provided, which
exceeds the minimum 77 spaces required by ordinance. Most parking is along the Pacheco Road
frontage. Building fronts are oriented toward Pacheco Road. The elevations provided by the applicant
depict the use of marble gray brick veneer, white molding, white marble columns, and black framed
September 27, 2006, 11 :27AM
jeng I S:\Dsnslsdmin\2006\Oct\ 10-11-0368.dot
ADMINISTRATIVE REPORT
windows with white molding. The color and material palette include shades of gray, black and white.
Trees are proposed along the frontage of the building to provide visual relief.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends approval of the zone change.
September 27, 2006, 11:27AM
jeng / S:\ZoneChange\yr 2006\06-0368\CClAdm rpt 2 read. doe. dot
September 27,2006, 11:27AM
jeng / S:\Dana\admin\2006\Oct\10-11-0368.dot
ADMINISTRATIVE REPORT
MEETING · DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: \ l. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
September 21, 2006
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY -if!-.
CITY MANAGER~
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-32) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from C-2 (Regional Commercial) to C-O (Professional and
Administration Office) on 0.58 acre located on south side of Brimhall Road, 1/4 mile west
of Coffee Road (ZC 06-0737 - Porter-Robertson Engineering and Surveying,
representing JP/CP Development, Inc.) (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on September 27, 2006.
On August 17, 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 a C-2 (Regional Commercial) zone to a C-O (Professional and
Administration Office) zone on 0.58 acre. The reason for the request is to facilitate development of a
commercial office development project currently under construction to the adjacent west. The
additional 25,337 square feet of C-O zoning is needed in order to construct a driveway on the east
perimeter of the commercial office development (Crown Pointe Business Center).
At the Planning Commission hearing, Reverend Rose Schmall spoke about traffic concerns in the
area. Concerns noted were increased traffic and traffic flow which may affect the residential
neighborhood located to the west of the project site. Staff stated the zone change from general
commercial retail uses to commercial office uses would result in a reduction of 25 trips per day for the
area. Staff further pointed out that the traffic study prepared two years ago for the project site
determined that a traffic signal is warranted at River Ranch and Brimhall Road.
The project has received conditional Site Plan Review approval for an office complex which depicts
the noted easterly driveway entry and drive aisle for this development. Site Plan Review conditions
address parking, landscaping, and perimeter walls.
The proposed zone change is consistent with the site's General Plan Land Use designation of
General Commercial. The proposed zone change would promote orderly development by providing
commercial office establishments and services that conveniently serve the needs of residents in the
immediate neighborhood and community.
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.
Staff recommends approval of the zone change.
Prepared by madams \ September 21, 2006 \ S:\Zonechange\Yr 2006\06-0737\CC\ADMINFORM 2nd Read.Doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.:2. I'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
October 5, 2006
APPROVED
DEPARTMENT HE~~( .4f
CITY ATTORNEY~
CITY MANAGER 6157
SUBJECT: Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Presentations for January through December 2007.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This Resolution will set the regular City Council Meetings, Budget Hearings and Department Budget
Presentations for 2007. All meetings will be held in the Council Chambers. Workshops and Closed
Sessions will begin at 5:15 p.m. and the Regular Meeting at 6:30 p.m.
Due to unforeseen conflicts, the Joint meetings of the Council and the Board of Supervisors have been
changed to Monday, March 5, 2007 and Monday, September 17, 2007. Holidays, Spring Break, and
League of California Cities Conferences were taken into consideration and are shown on the attached
calendar.
The Budget Hearing is scheduled for June 6, 2007 at 6:30 p.m. and adoption of the Budget set for June
20, 2007. Department Budget Presentations are scheduled for Monday, May 14th and June 4th at 12:00
Noon, and May 23rd during the Workshop portion of the agenda beginning at 5: 15 p.m.
One meeting is scheduled for the months of July and December.
:pmc
October 5, 2006, 11 :09AM
S:\Council\admins\2006\MtgDates2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: IJ. i .
U
APPROVED
DEPARTMENT HEAD "l'll
CITY ATTORNEY J;::!..
CITY MANAGER ozv;
SUBJECT: Resolution adding territory, Area 3-57 (Berkshire, Wible 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 7)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 28, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 27,2006 the Council adopted Resolution of Intention No. 1488 to add
territory, Area 3-57 (Berkshire, Wible SE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Tentative Tract No. 6919. Area 3-57 is generally
bounded by a line approximately 660 feet south of Berkshire Road on the north, a line approximately 300
feet east of Wible Road on the east, a line approximately 1,080 feet south of Berkshire Road on the south
and Wible 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,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD3-57 _Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: Il.. I( .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 28, 2006
APPROVED
DEPARTMENT HEAD (/(L
CITY ATTORNEY ~
CITY MANAGER~
SUBJECT: Resolution adding territory, Area 4-63 (Texas, Easter 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 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 27,2006 the Council adopted Resolution of Intention No. 1487 to add
territory, Area 4-63 (Texas, Easter 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 No. 11548. Area 4-63 is generally bounded
by Texas Street on the north, a line approximately 660 feet east of Mt. Vernon Avenue on the east, a line
approximately 330 feet south of Texas Street on the south and a line approximately 130 feet west of
Easter Street on the west. This area will be under the park and streetscape zones of benefit and will be
assigned the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-63_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
TO:
FROM:
DATE:
Honorable Mayor and City Council ~ APPROVED
Janet McCrea, Acting Human Resources Manager DEPARTMENT HEAD
September 25, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Changes to Salary Schedule
1. Amendment No. 3 to Resolution No.078-06 Setting Salaries and Related Benefits for
Officers and Employees of the General Supervisory, Police Supervisory and
Management Units and Adopting Salary Schedule and Related Benefits for Parks
Superintendent
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Parks Superintendent position has not been utilized for almost ten years. Therefore, prior to filling the
position recently approved in the July 1, 2006 budget, the salary has been reviewed for internal
consistency. In an effort to maintain parity, the City Manager is recommending that the salary be
decreased by 5% to a level equivalent to the other Superintendents throughout the City. It is appropriate
given the similar level of responsibility and qualifications.
S:\ADMINRPT\Parks Supt.doc
9/2512006 6:43 PM
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1;;1.. Yh,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council /
Janet McCrea, Acting Human Resources Man~~ DEPARTMENT HEAD
September 20, 2006 CITY ATTORNEY 7ff-V&-
CITY MANAGER
Changes to Salary Schedule
APPROVED
1. Amendment No.6 to Resolution NO.049-06 Setting Salaries and Related Benefits for
Employees of the Blue and White Collar Units and Adopting Salary Schedule and
Related Benefits for Construction Inspector II
RECOMMENDATION:
Staff recommends approv.al.
BACKGROUND: .
The Public Works Director has requested a 5% salary increase for the Construction Inspector II
classification. A Construction Inspector II is typically charged with the inspection and administration of
multi-million dollar Capital Improvement Projects (CIP). The CIP projects have increased in both number
and complexity over the years and include oversight of such projects as the Ice Sports Center, McMurtrey
Aquatics Center, Fire Station 15/Westside Police Substation, and the Park at River Walk.
Project management responsibilities for a Construction Inspector II include performing a cost analysis of
proposed construction work to guarantee lowest cost options, negotiating with contractors, preparing
contract change orders, making project design changes as needed, and daily tracking of construction
costs for unforeseen extra work.
Salary has become a retention issue in that a number of Construction Inspectors have left the division in
order to take other positions in the private sector or other City departments. Retaining skilled and trained
Construction Inspectors is key to fair and consistent application of City standards and policies to the
contracting and development community as well as the delivery of quality projects at the lowest possible
cost.
Budget savings have been identified sufficient to cover the increased cost. CCAPE concurs with the
proposed increase.
S:\ADMINRPT\Construction Inspector lI.doc
912012006 6:52 PM
RESOLUTION NO.
AMENDMENT NO.6 TO RESOLUTION NO. 049-06
APPROVING MEMORANDUM OF UNDERSTANDING
FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR
UNITS AND ADOPTING SALARY SCHEDULE AND
RELATED BENEFITS FOR CONSTRUCTION
INSPECTOR II
WHEREAS, Resolution No. 049-06 sets salaries and related benefits for
employees of the Blue and White Collar Units.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that effective immediately following Council action, the Salary Schedule, a
part of the Resolution No. 049-06 is hereby amended as follows:
1. Resolution No. 049-06 is hereby amended by revising the salary of the
following class title in the White Collar Unit:
25260
A
CONSTRUCTION INSPECTOR II
23.522
24.694
25.933
27.231
28.594
----------000----------
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 12 n
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 20, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/(
;&MI
0lA57
SUBJECT: Reimbursement Agreement with Castle & Cooke California, Inc., ($65,000.00) for
construction of Tevis Planned Drainage Area facilities not associated with Tract 5940
development requirements (Ward 5).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Castle & Cooke is currently developing Tentative Tract 5940, located within the Tevis
Planned Drainage Area (PDA), established by adoption of Ordinance 4144, on September 10, 2003.
Castle & Cooke has constructed drainage improvements exceeding the requirements for Tract 5940 in
accordance with the Tevis PDA. This agreement would provide for reimbursement for all costs associated
with construction of the drainage facilities which exceeded the requirements for Tract 5940.
Staff recommends approval of this reimbursement agreement.
Sufficient funds are budgeted to cover this reimbursement agreement.
Is
September 20,2006, 3:31PM
G:\GROUPDAT\ADMINRPT\2006\1 0-11\C&C Tevis PDA.doc
ADMI'NISTRA TIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1:1. o.
APPROVED
DEPARTMENT HEAD/Yl _
CITY ATTORNEY ;;?;M
,
CITY MANAGER~
SUBJECT: Reimbursement Agreement with Castle & Cooke California, Inc., ($110,000.00) for
construction of an additional sewer main across Stockdale Highway (Ward 4).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 20, 2006
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Castle & Cooke is currently developing Tentative Tract 6448, located south of
Stockdale Highway and west of Renfro Road. As part of their development requirements, sanitary sewer
improvements, along with a regional sewer lift station, must be constructed.
The sewer service master plan for this location identifies an additional sewer main to serve an area north
of Stockdale Highway along Renfro Road. Construction of the additional sewer main was incorporated
into construction of the regional lift station by Castle & Cooke.
Staff recommends approval of the reimbursement agreement;
Sufficient funds are budgeted to cover this reimbursement agreement.
Is
September 20, 2006. 3:30PM
G:\GROUPDAT\ADMINRPT\2006\1D-11\C&C Stockdale Hwy reimbursement admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: ,~. O.
A~PROVED
DEPARTMENT HEAD It ,
CITY ATTORNEY j/)jnJ
,
CITY MANAGER 01J7
SUBJECT: Road Improvements along Jewetta Avenue and Stockdale Highway (Ward 4):
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 26, 2006
1. Reimbursement Agreement with Castle & Cooke California, Inc. <not to exceed
$620,000) for road improvements.
2. Transfer $249,200 from a Capital Improvement Project (Street Improvement - Panama
Lane Widening) to this project within the Transportation Development Fund.
RECOMMENDATION: Staff recommends approval of agreement and transfer.
BACKGROUND: On January 31, 2001, the City and Castle & Cooke (Developer) entered into
Agreement 01-028 to purchase land for water recharge purposes north of Stockdale Highway and east of
Jewetta Avenue. Included within this agreemElnt was a provision for the Developer to construct future
road improvements along both Jewetta Avenue and Stockdale Highway. Since the Developer took the
lead on providing road improvements within this area, they also completed a portion of road improvements
which was the City's responsibility. By doing this, we were able to provide a seamless finished project to
the public as well as less disruption to the traveling public.
There is $370,800 included in the current year capital improvement budget for this project. However, the
scope of the project increased in order to include necessary work to properly facilitate construction of the
future Wests ide Parkway. This additional work included extra earthwork to provide a future overpass of
Jewetta Avenue over the Westside Parkway and the necessary reconstruction of existing improvements
on Jewetta Avenue, north of the Parkway, whi(:h had already been constructed. The finished road
improvements, which are in place today, will save the City a significant amount of money when the
Westside Parkway is eventually constructed.
Staff recently received the final accounting of actual costs incurred by the Developer for the road
improvements along Jewetta Avenue and Stockdale Highway. With the additional work scope, budgeted
funds are insufficient to cover expenses. Therefore, staff recommends the transfer of funds available in
the Capital Improvement Project entitled UStreE~t Improvement - Panama Lane Widening" to cover the
increased costs for this project. The Panama Lane Widening project was completed by recent
development. .
Staff recommends approval of both the reimbursement agreement and transfer of funds..
September 26, 2006, 8:44AM
G:\GROUPDAT\ADMINRPT\2006\10-11\C&C Reimbursement Jewetta.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent
ITEM: 1c:L. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
September 29, 2006
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY y~
CITY MANAGER 6h1?
SUBJECT: 2007 HEALTH CARE CONTRACTS
1. Amendment No. 1 to Agreement No. 05-414 with Blue Cross of
California for Indemnity Health and Dental Services.
2. Amendment No. 1 to Agreement No. 05-415 with Blue Cross/California
Care Health Plans for Medical Services for employees and retirees.
3. Amendment No. 1 to Agreement No. 05-416 with Blue Cross of
California for the Medicare Risk Plan Senior Secure.
4. Amendment No. 1 to Agreement No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for Medical Services for employees.
5. Amendment No. 1 to Agreement No. 05-418 with Kaiser Permanente -
Managed Care Health Plans' for Medical Services for retirees
(including Medicare Risk Plan).
6. Amendment No. 1 to Agreement No. 05-419 with Medical Eye
Services (MES) for Vision Services.
7. Amendment NO.1 to Agreement No. 05-420 with Pacific Union Dental
for pre-paid Dental Services.
8. Amendment NO.1 to Agreement No. 05-421 with Dedicated Dental
Systems, Inc. for pre-paid Dental Services.
9. Amendment No. 1 to Agreement No. 05-422 with PacifiCare
Behavioral Health of California for Employee Assistance Program
(EAP).
10. Amendment No. 1 to Agreement No. 05-423 with PacifiCare
Behavioral Health of California for Emotional Health Care Services.
S:\ADMINRPT\2007 Health Insurance Admin Report.doc
ADMINISTRATIVE REPORT
RECOMMENDATION:
The Personnel Committee recommends approval of the amendments.
BACKGROUND:
The City's contracts for health insurance are up for renewal for 2007. Our health care
consultants, Buck Consultants, have worked diligently with the various vendors in an effort to
arrive at the most favorable renewal rates for 2007. These renewal rates also reflect an
increase in premium payment reserves in the active employee Blue Cross PPO plan as well as
very favorable experience in the retiree Blue Cross PPO plan. The City's health insurance
experience was also positively impacted by the plan changes agreed to for 2006.
Buck Consultants reported to the Personnel Committee they were able to negotiate with Blue
Cross to obtain rates that were approximately $525,000 lower than would otherwise apply. The
following are the negotiated rates proposed by the consultant.
Blue Cross increases:
- Active PPO Plan 8.0%
- Retiree PPO Plan 0.0%
- Active HMO Plan 10.7%
- Retiree HMO Plan 38.4%
(A significant part of this increase is due to the five year transition to unblended
rates. This is the second year of the five year transition.)
It was also noted that the above rate increases now include a 2.5% increase for an insurance
premium tax.
Kaiser increases:
- Active
- Retiree
- Sr. Advantage
17.2%*
17.2%*
-15.7%
*Kaiser has developed a new premium rate increase methodology, thus the increases.
Subsequent to the review by the Personnel Committee the consultants received the quote for
Blue Cross Senior Secure Plan resulting in a nominal 3.5% increase. This increase does not
have a material impact on the overall cost of the medical plans. The medical plans are proposed
to increase overall by approximately 10.6%.'
All of the other health Dlans have reauested minimal or no increases for 2007
- Blue Cross Dental 0.0%
- Dedicated Dental 1.5%
- Pacific Dental 2.0%
- Medical Eye Services 0.0%
- PacifiCare Behavioral Health 0.0%
S:\ADMINRPT\2007 HnIIIllnlurance Admin Report.doc
ADMINISTRATIVE REPORT
The Dental Plans are proposed to increase overall by 0.5%.
At the request of the Personnel Committee, Buck Consultants also conducted a Market Analysis
to determine if the City of Bakersfield's current Blue Cross offering was competitive. Quotes
were requested from Blue Cross, Blue Shield, PacificCare/United Health Care, CIGNA, Aetna
and HealthNet. Quotes were received from Blue Cross, Blue Shield and PacificCare/United
Health Care. CIGNA, Aetna and HealthNet declined to submit quotes, advising that they would
not be competitive.
Overall Blue Shield and PacifiCare benefits quoted do not match the current Blue Cross
benefits. Based on the results of the marketing, Buck Consultants recommended the City
remain with Blue Cross due to the following:
· Both the Blue Shield option and the PacifiCare option would cost significantly more
than the Blue Cross plans.
· Neither PacifiCare nor Blue Shield would match the current benefits offered by Blue
Cross. In some situations, particularly for the PPO plans, the plan differences are
significant.
· Changing networks would cause significant employee disruption.
Buck Consultants were also requested to provide a comparison of the City of Bakersfield's
current plans with those offered by CaIPERS. The analysis again concluded that the current
plans are competitive in benefits and in cost.
Staff recommended to the Personnel Committee that the Health Insurance Plans be renewed as
proposed by Buck Consultants and that the City pick up the increase this year as opposed to
considering further benefit reductions. Rate increases are less this year than last year and the
changes (inCluding benefit reductions) made to the medical plans last year have contributed to
the reduction in rate increases for 2007.
The 2006-07 budget included funding for anticipated premium rate increases. Additionally, as
many of the new positions approved in the budget are proving difficult to fill, there are sufficient
savings from funds budgeted for health insurance for these new positions, to offset the 2007
health plan increases. Therefore, no additional appropriations will be required.
The Employee Insurance Committee, with representatives from the bargaining units, has also
reviewed these premium revisions and recommends approval.
The Personnel Committee was pleased with the review process conducted by staff and the
health care consultants and recommends approval of the proposed renewal of the City's health
care plans.
S:\AOMINRPT\2007 HeIIllh lnaurance Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: IQ. . r .
TO: Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
September 29, 2006
SUBJECT: Amendment #3 to Agreement No. RA04-005/04-097 for Bakersfield Redevelopment
Agency Authorization to Use Community Development Block Grant Funds for the Old Town
Kern - Mixed Use Project. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In September, 2003, the Agency agreed to receive Federal Section 108 and Brownfields Economic
Development funds for the Baker Street Mixed Use Project. In December, 2003, an administrative
agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency was executed to
grant the agency the authority to expend Community Development Block Grant Funds for the acquisition
of property, relocation of tenants and for the demolition of structures on the acquired properties to enable
the agency to complete the project. In November of 2005, the Agreement was amended to increase the
authorized amount to $894,350.
The proposed amendment to the agreement increases the authorized final amount to $1,166,514. This is
an administrative action only and all other terms of the original agreement remain in full force and effect.
These funds have been previously approved by the City Council and the U.S. Department of Housing and
Urban Development for this purpose.
The Bakersfield Redevelopment Agency approved the agreement on October 9, 2006.
S:\Admins\Cily Council\City Council Admins 2006\CDBG OTK Mixed Use Amend 304-097.doc
9/29/2006 10:41 AM
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;}. S .
FROM:
DATE:
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER (\1J7
TO: Honorable Mayor and City Council
September 18, 2006
SUBJECT: Contract Change Order NO.1 to Agreement No. 06-184 with Bakersfield Well & Pump
Company ($63,810.00 for a revised not to exceed award of $812,945.00) for upgrades to
well discharge piping at CBK-45 located at 1500 Jenkins Road, North of Brimhall Road, and
L-212 located at 5108 Trinidad Lake Way, in the vicinity of Noriega Road and Allen Road.
(Ward No.4)
RECOMMENDATION:
Staff recommends approval of the Contract Change Order.
BACKGROUND:
Through our zone testing procedures used on recently drilled domestic water wells including CBK-45 and
L-212, it was determined that it would be necessary to draw from deeper zones at these two locations in
order to provide water of high quality. This requires higher pressure rated discharge piping and related
fittings resulting in increased materials costs.
This is the first Contract Change Order submitted for this project. This change order will increase the
project total by $63,810.00.
Original Contract Amount
Amended Contract Amount and Change Order
Net Increase
=
$749,135.00
$812,945.00
$ 63,810.00
=
=
SC:bz
September 18,2006, 10:30AM
S:\2006 ADMIN REPORTS\Oct11 CC01 BkrsfldWell&Pump.doc
COpy DISTRIBUTION;
ORIGINAL-CITY CLERK, WHITE-CONTRACTOR, BLUE-CONSTRUCTION. GREEN-CONTRACTOR'S INFO, YELLOW-CALTRANS, PINK ENGR. GOLD-PURCHASING
CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT
CONTRACT NO.
06-184
CHANGE ORDER NO.
P.O. NO.
70691
PROJECT:
CBK-45, L-212 Block Pumphouses
SHEET
OF
CONTRACTOR:
ADDRESS:
Bakersfield Well & Pump
7212 Fruitvale Ave
Bakersfield, CA 93308
N/A
FEDERAL NO. (S)
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS
OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer
Description of work to be done. estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be m 'dle time.
CHANGE REQUESTED BY: S. Choate
Water Resources Engineer
SUBMITTED BY:
F. Core DATE: 9/12/06
WATER RESOURCES MANAGER
EXTRA WORK AT AGREED LUMP SUM PRICE:
1.0 Revise Part C - Section 4.0 CBK-45 & L-212 Well Pump & Motor Specification =$17,402.00
2.0 Revise CBK-45 & L-212 Piping to 300 psig and thrust block to 250 psig = $46,408.00
add
$63,810.00
ACCOUNT NO (S)
441-4521-811-8011-E7J009
ESTIMA TED COST:
INCREASE
DECREASE
X
By reason of this order the time of
completion will be adjusted as follows:
None
$63,810.00
City Council Approval Required
YES X
NO
Approved As to Form: City Attorney
Approved by the Council of City of Bakersfield
Approval Recommended: City Engineer
Mayor:
Harvey L. Hall
Accepted Date
9... 13 - ~~
Contractor:
Title: ~,t.~. P.Jtl~l1V.VT'
Countersigned: Finance Director
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this prop
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the rk
full a ment therefor the rices shown above.
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~ .+.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
~
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER ~
September 25, 2006
SUBJECT: Accept base bid and additive alternate and award contract to Granite Construction
Company ($417,240) for the Additional Asphalt Paving at South Mount Vernon Recycling
Center Project rNard 1).
RECOMMENDATION:
Staff recommends acceptance of low base bid plus additive alternate and
award of contract.
BACKGROUND: This project will add more paved work area for the increasing wood and greenwaste
recycling which is currently done on dirt at the Mount Vernon Greenwaste Facility. The additional
pavement will reduce the amount of dust to comply with Air District regulations. This project is funded by
the Refuse Collection Fund. The Engineer's Estimate for this project is $410,000. There is sufficient funds
budgeted to award both the Base Bid and the Additive Alternative for this contract.
On September 7,2006 four acceptable bids were received as follows:
Granite Construction Company Base Bid $376,600.00
585 W. Beach Street Additive Alternate $40,640.00
Watsonville, Ca 95076 (Out of town) Total $417,240.00
Griffith Company Base Bid $372,570.00
1898 South Union Ave Additive Alternate $47,850.00
Bakersfield, Ca 93307 (City) Total $420,420.00
Advanced Asphalt Engineering Base Bid $418,460.00
2904 Wear Street Additive Alternate $49,910.20
Bakersfield, Ca 93308 (City) Total $468,370.20
Central Valley Asphalt Base Bid $552,500.00
23494 Road 196 Additive Alternate $81,376.00
Lindsay, Ca 93247 (Out of town) Total $633,876.00
Pw\design engineering\nsg
September 26, 2006, 1 :05PM
G:\GROUPDAT\ADMINRPT\2006\10-11\Additional Asphalt Paving at South Mt. Vernon Recycling Center-P6K101_P7K103.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;;}. u .
TO: Honorable Mayor and City Council
September 29,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
William R. Rector, Chief of Police
SUBJECT: Appropriate $2,935.00 Federal Grant Revenues (L.L.E.B.G.) to the Police Department
Operating Budget within the General Fund toward the cost of Surveillance Equipment.
RECOMMENDATION:
Staff recommends approval of the appropriation of funds.
BACKGROUND:
On November 09, 2004 the Bakersfield Police Department received a grant award check in the amount of
$62,912.00 from the Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G.). The grant
award was appropriated in the FY 2004-05 Police Operating Budget. In accordance with the rules of the
grant. interest is earned on the balance of funds held by the City until the monies are spent. The grant
also requires that any money or interest left unspent at the end of a grant period be returned to the Bureau
of Justice Assistance. In order to spend the accumulated interest on grant purchases (which is allowable
under the grant), the interest amount must first be appropriated into the Police Operating Budget.
There is approximately $2.935.00 in accumulated interest related to LLEBG grant #2004-LB-BX-0984.
The Police Department would like to allocate this amount toward the purchase of Surveillance Equipment.
DB
September 29,2006, 9:07AM
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07IADMIN RPT - LLEBG 0406 INTEREST APPROPRIATION.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11,2006
Public Hearings
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
DATE: September 27,2006
SUBJECT: Public Hearing to consider Resolution authorizing Disposition and Development Agreement
with the Bakersfield Redevelopment Agency for the conveyance of real property located at
106 E. White Lane in accordance with Health and Safety Code Section 33445 for the
construction of Fire Station #5 and Police Sub-Station. (W ,,"rd I)
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the agreement.
BACKGROUND:
On December 15, 2004, the Redevelopment Agency acquired property consisting of approximately 2.62
acres located at 106 E. White Lane for the future construction of Fire Station #5 and police sub-station.
California Redevelopment Law under Health and Safety Code Sections 33000 allows redevelopment
agencies to assist with the acquisition and development of public facilities with the consent of the
legislative body. The Agency and the City have negotiated a Disposition and Development Agreement
containing the terms and conditions of the financing and development of the Fire Station #5 project.
Pursuant to the DDA, the Agency will convey the property to the City and provide funds toward the project.
The Agency has contributed $890,000 in tax increment funds to be used for the design and construction of
the project and will repay the Federal Section 108 Loan in the amount of $1.6 million.
Pursuant to Health and Safety Code Section 33679, the legislative body is required to hold a public
hearing authorizing -the redevelopment agency to commit funding to the project and approving the
conveyance of property acquired by the Agency for the Fire Station #5 project. In addition, under Health
and Safety Code Section 33445 the legislative body is required to make the following findings: 1) the
payment of funds for the acquisition of property is consistent with the Implementation Plan for the
Southeast Bakersfield Redevelopment Project Area; 2) that no other reasonable means of financing the
project are available and; 3) the project will benefit the project area or the immediate neighborhood.
A public hearing notice was advertised once a week for two successive weeks prior to the hearing. Also in
accordance to section 33679, the City and Agency provided to the public a summary report on the project
which includes a description of the project, funding sources necessary to finance the development of the
project and an explanation of how the project will assist in the elimination of blight and will primarily benefit
the Southeast Redevelopment Project Area.
The City of Bakersfield's Planning Director has found the transfer of the property is consistent with the
Bakersfield General Plan.
S:\Admins\City Council\City Council Admins 2006\FireStation#333445Admin10.11.2006.doc
9/27/2006 3:34 PM
ADMINISlRA liVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Hearings
ITEM: 1'-\. b.
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
September 15, 2006 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: Public Hearing to consider Resolution denying the appeal by West Coast Land Service
and upholding the Planning Commission's decision approving Porter-Robertson
Engineering & Surveying, Inc., representing EI Toro Viejo, LLC (property & mineral rights
owner) application for Vesting Tentative Tract Map 6853 on 51.31 acres located at the
northeast corner of Langley Road and Calloway Drive. ~ard 2 upon annexation)
TO:
FROM:
DATE:
RECOMMENDATION:
Staff recommends adoption of a resolution.
BACKGROUND:
Vesting Tentative Tract Map 6853 would allow for the development of 210 lots and two lots for active
petroleum wells on the 51.31-acre project site located on the northeast corner of Langley Road and
Calloway Drive.
The Planning Commission conducted a public hearing on this vesting tentative tract map on August 17,
2006, and approved the request with conditions. Fred Rappleye with West Coast Land Service and
Gordon Dole of Dole Enterprises, Inc. testified during the public hearing. West Coast Land Service
represents the mineral lessee. West Coast Land Service is concerned that the approved tentative tract
map deprives the lessee of two petroleum well sites and is not designed in accordance with local
ordinances regarding safety, setback, and the integration of petroleum facilities into the subdivision.
An appeal of the Planning Commission approval by West Coast Land Service was received in the City
Clerk's office on August 24, 2006. The appellant disagrees with the design of the tentative map
approved by the Commission.
Testimony was taken from the appellant, the lease holder and the James Lundy who represents the
applicant. The Planning Commission discussed the appellant's request to redesign the tentative map
to include four production wells. The Commissioners formed a consensus that a "private" dispute
between EI Toro Viejo, LLC (subdivider) and Dole Enterprises (mineral lessee) was in progress. The
Commission determined that (a) the information presented by the appellant did not warrant a
continuance; (b) neither a redesign of the vesting tract map nor a revision of the conditions of approval
regarding the issues contested was necessary; and (c) the city need not become involved in the owner
and lease holder's "private" dispute. Vesting Tentative Tract Map 6853 was approved unanimously.
ADMINISTRATIVE REPORT
Page 2
APPEAL ISSUES:
There are three key issues in the appeal. Items 1 and 2 are private matters while item 3 is fully
addressed by Vesting Tentative Map 6853. The Issues are: (1) the map only shows two active wells
with minimal setbacks, not four active wells; (2) West Coast Land Service and the lessee have no
intention of abandoning any of the active wells; (3) The map does not comply with a city ordinance that
requires a proper plan which shows: (a) All existing petroleum related facilities; (b) How the existing
production facilities will be protected and integrated into the development; and (c) An adequate safety
buffer and safety measures to prevent unauthorized access to the oilfield equipment; and the pipelines
that connect production facilities are not addressed by the developer map.
Vesting Tentative Tract Map 6853 meets city standards. The subdivider revised the map twice to
demonstrate the design will comply with the subdivision ordinance. The current version was reviewed
by city departments and outside agencies resulting in no requests for changes to the tentative map.
Bakersfield Municipal Code (B.M.C.) Section 15.66 contains the "ordinance provisions" referenced in
the appeal. The Building and Fire Departments apply its standards to projects affected by facilities
used to recover oil, gas and other hydrocarbons. As noted below, several conditions of approval will
also apply its requirements to the final map.
EI Toro Viejo, LLC (subdivider), has addressed the mineral rights issues as defined by the subdivision
ordinance. B.M.C. 16.20.060(A) requires individuals with ... "any title interest in the real property" to
sign the final map prior to its recordation. In this instance, the subdivider owns both the property & the
mineral rights; this party may prepare, sign, and record a final map that complies with the tract
conditions. The map approved by the Commission is not "...grossly negligent and inadequate...,"
simply because it depicts the continuing operation of two petroleum wells and the abandonment of all
other wells and their appurtenances. The map does not endanger individuals or property. Conditions
number 18, 19, 31, 33 and 38, assure map compliance with provisions of B.M.C. 15.66 prior to final
map recordation. After the tentative map is approved many departments review the subdivider's work
to verify compliance with conditions and regulations.
CONCLUSION:
The dispute between the mineral lessee and property owner is a private matter. Vesting Tentative
Tract Map 6853 as submitted by the property owner(s) is in accordance with city ordinances.
Conditions of approval assure compliance with local and state development standards. It properly
addresses the mineral right interest recognized in the local subdivision ordinance which is consistent
with state law. Staff recommends the denial of the appeal and sustaining the approval of Vesting
Tentative Tract Map 6853 as conditioned and approved by the Commission on August 17, 2006. An
initial study was prepared for General Plan Amendment/Zone Change 05-1448 on this subject property
and a negative declaration was adopted on April 6, 2006. In accordance with CECA Section 15162, no
further environmental documentation is necessary and the Negative Declaration is adequate.
S:\TRACTS\6853-weWTTTM 6853 Appeal Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Hearings
ITEM: 14. ~ .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD J.-e---
October 3, 2006 CITY ATTORNEY 9!
CITY MANAGER ~
SUBJECT: Public Hearing to consider appeal by James B. Wiens, Clifford and Brown, representing
Mr. and Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr of the Planning
Commission's decision approving request by Marino and Associates, representing
Patricia Crawford, et al (property owners) for Zone Change No. 06-0581 to pre-zone 20
acres from A (Agriculture) to R-S (Residential Suburban) located on the south side of
Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. (Ward 3, upon
annexation)
1. First reading of Ordinance denying the appeal and adopting a negative
declaration and amending Title 17 of the Municipal Code and Zone Map No. 104-
32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential)
on 20 acres generally located on the south side of Pioneer Drive (extended)
approximately 660 feet east of Vine land Drive.
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
On September 13, 2006, the City Council held and closed a pUblic hearing on the appeal to this zone
change request. The Council requested staff research and prepare responses to several questions.
These questions and responses are attached in the memorandum from the Development Services
Director and City Attorney. A public hearing has been advertised and posted to consider this zone
change before the City Council on October 11, 2006.
On July 20, 2006, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council, subject to conditions of approval. An appeal
was filed by James B. Wiens, representing the Stoller and Lehr families, whom are adjacent land
owners with agricultural operations. The zone change requests to pre-zone the property from an A
(Agriculture) to an R-S (Residential Suburban) zone on 20 acres for purposes of large lot single family
residential development located on the south side of Pioneer Drive (extended), approximately 660 feet
east of Vineland.
jeng
October 3, 2006, 1 :54PM
S:\Dana\admin\2006\Oct\1 Q-11-0581-APPEAL.dot
ADMINISTRATIVE REPORT
The reason for the request is to bring the zoning into conformance with the existing SR (Suburban
Residential) General Plan Land Use designation on the subject property. The SR designation on the
subject property and adjacent land including most of the Stoller and Lehr properties was determined by
the County of Kern. The 20 acre project site is currently undeveloped and the property owners have
requested annexation to the City.
Mr. Wiens, the appellant, states the Stoller and Lehr families own, live and farm adjacent and nearby
land. The zone change to allow residential uses would inhibit, and disrupt the agricultural activities.
Residentis are likely to complain about the odors, dust and chemical applications that are typical for
agricultural activities. In addition, Mr. Wiens is on the opinion that the two conditions of approval placed
on the project by the Planning Commission do not protect agricultural activities. These two additional
conditions are shown below and were agreed to by the applicant (Marino and Associates).
From Attached Exhibit "1" Conditions of Aooroval:
7. All lots adjacent to A (Agriculture) zoning shall have a minimum lot depth of 175 feet
and designed so that rear yards abut the A (Agriculture) zone.
8. A covenant will be recorded disclosing the neighboring business activity of the
agricultural operations to all future residents.
At the September 13, 2006 hearing before the Council, the applicant requested revision to Condition
No. 7 to delete the words "have a minimum lot depth of 175 feet and" because of the constraints of the
subject property's size and configuration.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends to deny the appeal and hold first reading of the zone change.
Jeng
S:\ZoneChange\yr 2006\06-0581 \CC\Oct 11 \adm rpt.dot
October 3, 2006
DMINISlRA liVE REPORT
MEETING DATE: October 11, 2006
AGENDA SECTION: Public Hearing
ITEM: 1t\:.A
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
September 18,2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing and first reading of an Ordinance approving a Negative Declaration and
amending Zoning Ordinance, Chapter 17.66, HD, Hillside Development Combining Zone,
Title Seventeen of the Bakersfield Municipal Code. ~ard 3)
RECOMMENDATION:
Staff recommends adoption of Negative Declaration and first reading of the Ordinance.
Backaround:
On September 7, 2006, the Planning Commission voted 6 to 0 in favor of recommending the
Amendment to the City Council.
In 2003, City Council directed Planning Staff to examine the potential long term effects of
development along the bluffs in Northeast Bakersfield. In March 2005, City Council requested staff
recommend ways to clarify and strengthen the Hillside Ordinance. In April 2005, the Planning and
Development Committee of the City Council met to discuss the existing ordinance and to propose
changes. The committee reviewed and considered changes concerning hillside stability, lot and
fence setbacks and the use of landscaping. From the committee's input, Staff composed a draft
amendment to the existing Hillside Ordinance. The first draft of the Amendment was available for
public comment in May, 2005 and input on the draft was heard at a City of Bakersfield Planning
Commission Public Hearing on June 2, 2005. In response to comments and additional information
gained from the City's consultant team and review of additional ordinances from other jurisdictions,
clarifications and changes were incorporated into this second draft of the Amendment that was
heard at a Planning Commission Public Hearing on July 6, 2006. There were 2 ~ hours of
comments given at the Public Hearing on July 6, 2006, after which the Public Hearing was closed.
The Planning Commission continued deliberation until September 7, 2006 and voted to approve
the ordinance and recommend same to the City Council.
At the Planning Commission Public Hearing on July 6, 2006, the public had another opportunity to
comment on the draft amendment to the ordinance being considered at this City Council meeting.
In opposition was a group of speakers representing General Holdings and the Canyons, including
two attorneys from Young and Wooldridge, two landowners that are a part of the Canyons project,
October 5, 2006, 9:44AM
pe S:\Danal8dmin\2006\Oct\10-11.HD.doc
ADMINISTRATIVE REPORT
and two consultants giving technical support to the Canyons project. Also speaking in opposition
were Chad Vega and Karen Norton, Kern Citizens for Property Rights; Michael Turnipseed, Kern
County Taxpayers Association; Adrian Moore, Reason Foundation; one citizen of Bakersfield, and
one property owner in Visalia. In favor were: James Nickel, Nickel Family, LLC and Rio Bravo
Ranch; Dave Dmohowski, Building Industry Association of Kern County; Gordon Nipp, Sierra Club;
Charles White, Kern River Valley Revitalization; Marcie Cunningham, Kern Equestrians for
Preservation of Trails; Michelle Beck, Bakersfield Bluffs and Open Space Committee; 3 citizens of
Bakersfield and 1 citizen of the Kern River Valley.
This proposed amendment to the existing ordinance ("Amendment") provides additional
requirements beyond the existing ordinances' focus on grading, street grades and fire protection.
In following the direction of the General Plan policies, the Amendment addresses protection from
hillside instability and landslides, and includes provisions for preserving identified viewsheds within
the Hillside Development zone. The changes to the existing Hillside Development Ordinance
include the following:
· Requires additional information on topography, geology, slopes, drainage and fire safety.
. Identifies "Visual Resource Areas" along ridgelines for protection
· Identifies "Primary and Secondary Viewsheds" which, in tandem with visual resource areas
limit the view of structures from major roadways.
· Identifies Slope Protection Areas which have unique visual characteristics and slope
constraints.
· Requires erosion control measures and setbacks for property line, fences and structures
adjacent to open space areas.
. Requires 25 foot setback from open space areas not governed by visual resource/viewshed
criteria.
· Protects visual resources on the perimeter of development visible from major roadways.
The City's General Plan lists the following issues regarding hillside development:
. The aesthetic value of open space areas and the impact of development on public
viewsheds should be considered
. Cut-and-fill grading techniques employed to accommodate development alter the natural
topography and ridgelines
To address the issues, a goal was established to "Conserve and enhance the unique aspects of
open space within the planning area." To that end, four of the ten policies adopted in the General
Plan's Open Space Element address hillside development:
Policy 2:
Development of the ridgelines within the planning area should consider natural
aesthetic value and topographic constraints.
Hillside development should exhibit sensitivity and be complimentary to the natural
topography.
Require the use of grading techniques in hillside areas that preserve the form of the
natural topography and ridgelines.
Development on or adjacent to bluff areas should complement the aesthetic integrity
of such areas.
Policy 3:
Policy 4:
Policy 6:
October 5, 2006, 8:57AM
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ADMINISTRATIVE REPORT
The Implementation Measure in the Open Space Element that corresponds to these policies is:
Implementation 2:
Hillside Management Ordinance for the City of Bakersfield regulates
development in areas of excessive slope in Northeast Bakersfield. Kern
County's existing ordinance will be augmented as necessary.
The proposed ordinance changes address the issues identified in the General Plan.
An extensive search of hillside development regulations from other jurisdictions produced
regulations from 15 California cities and counties. An additional research tool was the "Overview
of Hillside Development Terms and Concepts" prepared by LSA Associates, INC in 2002 which
evaluated not only California communities with similar ordinances, but cities and counties in
Colorado, Texas, Arizona and New Mexico (14 total).
Most ordinances limit density throughout an area based on slope and protect ridge tops from
development. The proposed ordinance protects a limited number of key ridgelines and the face of
specific bluff and hill faces but is less limiting to development when compared to other ordinances.
Additionally, the City of Bakersfield Public Works hired two consulting firms to give background
information and practical experience working with hillside ordinances. WRA Engineering provided
experience in hillside development from a civil engineering standpoint and helped to craft the slope
stability portions of the amendment. TCLA, Inc. provided input on open space and hillside stability
landscaping, specifically providing "theme planting" drawings, erosion control and viewshed
protection through landscaping.
California Environmental Quality Act (CEQA) provides a Categorical Exemption for "Actions by
Regulatory Agencies for Protection of the Environment" (State of California CEQA Guidelines
15308) that exempts this Amendment from the provisions of CEQA. However, in response from
comments heard in the public hearing for the first draft of the Amendment on whether an
Environmental Impact Report was required for the Amendment, staff prepared an Initial Study.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the environment; therefore a Negative Declaration was prepared.
Staff recommends approval of the Negative Declaration and amending Zoning Ordinance, Chapter
17.66, HD, Hillside Development Combining Zone, Title Seventeen of the Bakersfield Municipal
Code.
October 5, 2006, 8:57AM
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 27, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:20 p.m.),
Scrivner
Absent:
None.
2. WORKSHOPS
None.
3. PUBLIC STATEMENTS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. Bakersfield Citizens for Local Control v
City/Castle & Cooke.
2. Bakersfield Citizens for Local Control v
City/Panama 99 Properties.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5: 18 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:08 p.m.
APPROVED
Bakersfield, California, September 27,2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Josephate Jordan, Christ First
Ministries.
7. PLEDGE OF ALLEGIANCE by Lisa Darquea, 4th Grade
Student at Ronald Reagan Elementary School.
Mayor Hall recognized students from Bakersfield
College in attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
NO REPORTABLE
ACTION
b.
NO REPORTABLE
ACTION
1 . Bakersfield Citizens for Local Control v
City/Castle & Cooke.
2. Bakersfield Citizens for Local Control v
City/Panama 99 Properties.
9. PRESENT A TIONS
a. Presentation by Mayor Hall of Proclamation to Stacy
Crooks, Links for Life, proclaiming October, 2006,
as "Paint the Town Pink Month".
Stacy Crooks accepted the Proclamation on behalf
of Links for Life and made comments.
Bakersfield, California, September 27,2006 - Page 3
9.
PRESENTATIONS continued
ACTION TAKEN
b. Presentation by Mayor Hall of Proclamation to Art
Carlock, Chairman, Highway 99 Cruise 'n' Show,
proclaiming October 13-15, 2006, as "Fifth Annual
Highway 99 Cruise 'n' Show Days".
Art Carlock accepted the Proclamation on behalf of
the Highway 99 Cruise 'n' Show and made
comments.
10. PUBLIC STATEMENTS
a. Miriam Krehbiel, President of the United Way of
Kern County, spoke regarding a ten year plan to
end chronic homelessness.
Councilmember Benham requested EDCD designate
staff to be liaison to the Homeless Collaborative;
provide regular reports to the Council and
recommend ways the City and County can partner with
the organization in order to make efforts more
effective.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 13, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from September
2, 2006 to September 15, 2006 in the amount of
$17,605,372.54 and self-insurance payments from
September 2, 2006 to September 15, 2006 in the
amount of $105,331.07.
12.
Bakersfield, California, September 27,2006 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
c.
First Reading of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map No.
123-23) of the Municipal Code by changing the
zoning from PCD (Planned Commercial
Development) to Revised PCD on 1.8 acres located
on the south side of Pacheco Road, approximately
100 feet west of Wible Road. (ZC 06-0368)
(Applicant: Olsen Design Studio/Property Owner:
Catalina Barber Group)
FR
d.
FR
First Reading of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map No.
102-32) of the Municipal Code by changing the
zoning from C-2 (Regional Commercial) to C-O
(Professional and Administration Office) on 0.58
acres located on the south side of Brimhall Road, ~
mile west of Coffee Road. (ZC 06-0737) (Applicant:
Porter- Robertson Engineering & Surveying/Property
Owner: JP/CP Development)
e.
Adoption of Ordinance amending Section 17.60.060
B.9 of the Municipal Code relating to signs permitted
in the Bakersfield Auto Mall.
ORD 4384
Resolutions:
f.
Resolution adopting a service priority policy for
lower income developments in accordance
with California Senate Bill 1 087.
Resolution in support of state legislation to
expressly authorize cities and counties to impose
vehicle forfeiture as a penalty for illegal speed
contests or exhibitions of speed.
RES 249-06
RES 250-06
g.
h. Property Abatements:
1.
Resolution confirming approval by
the Assistant City Manager of the Chief
Code Enforcement Officer's report regarding
assessments of certain properties for which
dangerous buildings have been demolished
and authorize collection of assessments
by the Kern County Tax Collector.
RES 251-06
12.
Bakersfield, California, September 27,2006 - Page 5
CONSENT CALENDAR continued
Item 12.h. continued
ACTION TAKEN
2.
RES 252-06
Resolution confirming approval by the
Assistant City Manager of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties for which
structures have been secured against entry
or for abatement of weeds, debris and
waste matter and authorize collection of
assessments by the Kern County Tax
Collector.
i.
RES 253-06
Resolutions approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 526
consisting of 89.98 acres located south of Redbank
Road, east and west of South Fairfax Road and
north of East Wilson Road.
j.
Resolution adding territory, Area 3-56 (McKee, 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.
RES 254-06
k.
Resolution adding territory, Area 4-61 (College,
Flintridge 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.
RES 255-06
I.
Resolution adding territory, Area 4-62 (Morning,
Alfred Harrell 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.
RES 256-06
m.
Resolution of Intention No. 1487 to add territory,
Area 4-63 (Texas, Easter SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
ROI 1487
n.
Resolution of Intention No. 1488 to add territory,
Area 3-57 (Berkshire, Wible SE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
ROI 1488
12.
Bakersfield, California, September 27,2006 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
o.
Resolution of Intention No. 1486 to order the
vacation of portions of Owens Street, East 19th
Street and the alley located at the northwest corner
of East Truxtun Avenue and Gage Street.
ROI 1486
Agreements:
p.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6333 Phase 1 located east of South
Union Avenue on East Panama Lane.
Final Map and Improvement Agreements
with Centex Homes for Tract 6491 Phase 2
located north of Taft Highway (Hwy 119)
east of Ashe Road.
AGR 06-288
AGR 06-289
AGR 06-286
AGR 06-287
2.
q.
Agreement with Bakersfield City School District
($40,000) for services pursuant to the Safe
Schools/Healthy Students Initiative - "Connecting
Communities Program".
1. Appropriate $40,000 Federal grant revenues
to the Police Department budget in the
General Fund for additional overtime costs.
AGR 06-290
r.
Agreement with Centex Homes ($110,000) to
purchase real property located west of Buena
Vista Road and north of Panama Lane for a water
well site.
AGR 06-291
DEED 6497
s.
Agreement with Riverlakes Grove, LLC for
maintenance of the underground retention basin
located at 3013 Calloway Drive.
AGR 06-292
t.
Agreement with County of Kern, Pacific Gas &
Electric Company, Southern California Edison
Company and Southern California Gas Company to
deliver the Bakersfield and Kern County Energy
Watch Program.
AGR 06-293
u.
Agreement with Impact Sciences, Inc. ($259,210) to
prepare Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change No. 06-
1002 (Sports Village Project) generally located on
the north side of Taft Highway between Gosford and
Ashe Roads.
AGR 06-294
Bakersfield, California, September 27,2006 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
v. State Route 178 at Morning Drive Interchange:
1. Agreement with Caltrans ($75,000) to AGR 06-295
expand the Project Study Report (PSR) to
include the extension of SR178 to Canteria
Road.
2. Agreement with Mountain View Bravo, LLC AGR 06-296
($75,000) to reimburse the cost of
expanding the PSR.
3. Appropriate $75,000 developer share of
project cost to the Capital Improvement
Program within the Transportation
Development Fund.
w. Agreements with Goodwin Proctor LLP, for outside
legal services regarding the following:
1. Continuing disclosure matters for various AGR 06-297
Assessment Districts.
2. Assessment District 05-2 AGR 06-298
(Miramonte/Paladino Hills) generally located
in the Alfred Harrell Highway/Masterson
Street area (Agreement not to exceed
$39,000).
3. Assessment District 06-1 (Etcheverry/Un AGR 06-299
II/University Park) generally located in the
Ming Avenue/Gosford Road and Reina
Road/Allen Road areas (Agreement not to
exceed $39,000).
x. Refuse Collection Services:
1. Agreement with Kern Refuse Disposal, Inc. AGR 06-300
regarding refuse collection services.
2. Resolution consenting to assignment of RES 257-06
rights and obligations under Agreement No.
99-329 from Kern Refuse Disposal, Inc. to
Metropolitan Recycling Corporation for
existing lease of a portion of City's property
located adjacent to the Woodwaste
Facility.
y. Agreement with Bakersfield Senior Center, Inc. AGR 06-301
($50,000) Community Development Block
Grant funds for operational expenses at 530 4th
Street.
Bakersfield, California, September 27,2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
z. Off Highway Motor Vehicle Recreation Project:
1. Amendment No.2 to Agreement No. 04-323 AGR 04-323(2)
($59,235) with Michael Brandman and
Associates for preparation of an
Environmental Impact Report for the project.
2. Amendment NO.3 to Agreement No. 04-102 AGR 04-102(3)
with State of California Department of
Parks and Recreation to increase the grant
amount by $200,000.
3. Appropriate $200,000 State Grant Funds to
the Off Highway Vehicle Park Capital
Improvement Budget within the Recreation
Facilities Fund for securing approval of an
Off Highway Vehicle Park.
Bids:
aa. Reject all bids for the Beach Park Irrigation Supply
Refurbishment Project.
bb.
Accept base bid and additive alternate A and award
contract to Nicholas Construction Inc.
($341,484) for canal culvert reconstruction at two
locations along Kern Island Canal - Branch 1.
AGR 06-302
cc. Sewer Reconstruction on Brundage Lane and on L
Street:
1.
AGR 06-303
Accept bid and award contract to Griffith
Company ($7,760,911) for project.
2. Transfer $5,200,000 from a Capital
Improvement Project (Sewer Rehabilitation-
Gosford Road) to this project within the
Sewer Enterprise Fund (Wastewater
Treatment Plant 2).
dd. Accept bid from Pendpac, Inc. ($417,337.23) for
four (4) packer bodies with automated side arms.
ee. Accept bid from Communication Enterprises, Inc
($49,495.88) for replacement mobile radios.
Miscellaneous:
ff. Appropriate $61,253 Transient Occupancy Tax fund
balance to the Non-departmental operating budget
and authorize payment to the Convention and
Visitors Bureau.
12.
Bakersfield, California, September 27,2006 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
gg. Revised job specification for Communications
Technician 1/11.
APPROVED
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.gg.
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution ordering the
vacation of the turnarounds at the end of the alleys
on Tract 3513 located at the northwest corner of
Columbus Street and Christmas Tree Lane.
RES 258-06
b.
Public Hearing to consider Resolution ordering the
vacation of a portion of the sewer easement located
south of 16th Street between Pine and Myrtle
Streets.
RES 259-06
Hearings opened at 6:49 p.m.
No one spoke.
Hearings closed at 6:50 p.m.
Motion by Councilmember Couch to approve Consent
Calendar Hearing items 13.a. and 13.b.
APPROVED
14. HEARINGS
RES 260-06
a.
Public Hearing to consider Resolution approving the
sale of real property by the Bakersfield
Redevelopment Agency for $1.00 to Baker Street
Village, LLC.
1. Transfer $300,000 Capital Improvement
Project funds to the Economic and
Community Development Operating budget.
EDCD Director Kunz gave a computer presentation
and provided written material.
Hearing opened at 7:02 p.m.
Michael Kiel, Project Manager for the Triumph
Companies, spoke in favor of the staff
recommendation.
Hearing closed at 7:03 p.m.
Motion by Councilmember Benham to approve the
Resolution.
APPROVED
Bakersfield, California, September 27, 2006 - Page 10
14.
HEARINGS continued
ACTION TAKEN
b.
Public Hearing on Resolution of Necessity to
consider the acquisition by eminent domain of
property owned by Conoco Phillips Company
(previously Lion Oil Company) for the Westside
Parkway.
RES 261-06
DEED 6498
City Clerk McCarthy announced correspondence
was received from Randall W. Booth, Conoco
Phillips, regarding this item.
City Manager Tandy and City Attorney Gennaro
made staff comments.
Hearing opened at 7:15 p.m.
No one spoke.
Hearing closed at 7:15 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution and authorize acquisition.
APPROVED
City Manager Tandy and City Attorney Gennaro
made staff comments.
RES 262-06
DEED 6499
DEED 6450
DEED 6451
DEED 6452
DEED 6453
DEED 6454
DEED 6455
c.
Public Hearing on Resolution of Necessity to
consider the acquisition by eminent domain of
property owned by Big West of California, LLC
(Flying J Oil Refinery) for the Westside
Parkway.
Hearing opened at 7:17 p.m.
No one spoke.
Hearing closed at 7:17 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution and authorize acquisition.
APPROVED
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
Bakersfield, California, September 27,2006 - Page 11
17.
NEW BUSINESS
ACTION TAKEN
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Community
Services Committee address the issue of Bike Path
Safety.
Councilmember Benham requested staff address safety
issues in Central Park, provided contact information
and requested staff contact her.
Councilmember Benham thanked the Mayor and staff for
facilitating the visit of emissaries from Bakersfield's new
Sister City, Bucheon City, Republic of Korea.
Councilmember Carson thanked Police staff and
Recreation and Parks staff for providing assistance at the
anti-gang rally at Lowell Park on Sunday, September 24.
Councilmember Scrivner made comments regarding a
vehicle forfeiture penalty for speed contests, penalties for
graffiti vandals, utilizing the League of California Cities to
combat this type of crime and a bill signed by the Governor
today regarding these matters.
Councilmember Hanson requested staff address a
constituent's concern regarding a railroad crossing on
Buena Vista and provided contact information.
Councilmember Hanson requested an update regarding
the status of the signal at Buena Vista and Panama.
Councilmember Couch requested an update from the
July meeting with the City of Shaffer regarding a report
concerning water rights/sources and options for the
City should no response be received.
Councilmember Couch requested staff provide a report
regarding the possible rotation of the City's
Worker's Compensation third party administrator.
Councilmember Couch requested an update regarding
the feasibility of a Park Watch Program.
Councilmember Couch requested an update regarding
the status of a Park Patrol Program.
Bakersfield, California, September 27,2006 - Page 12
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested an update regarding
County procedures for handling cumulative impact
analysis and desirability of the City implementing the
same process.
Councilmember Couch requested staff provide an
update regarding the City's plan foracquisition of land
for park development.
Councilmember Couch provided information from last
evening's LAFco meeting and requested City Manager
Tandy review the material and contact him.
Councilmember Sullivan made comments regarding street
maintenance.
Councilmember Sullivan requested staff email her the
City policy regarding feeding the homeless in Central
Park.
Councilmember Sullivan made comments regarding the
revitalization of Baker Street.
Vice-Mayor Maggard congratulated EDCD Director Kunz on
redevelopment success in the Baker Street area.
Vice-Mayor Maggard requested City Clerk McCarthy
assist in honoring Joel and Jonathan Black in attaining
the rank of Eagle Scout.
Vice-Mayor Maggard requested staff respond to
correspondence from the Governor's office requesting
input concerning a Draft Strategic Action Proposal for
the California Partnership for the San Joaquin Valley
and provided the correspondence.
Vice-Mayor Maggard requested the entire Council be
provided the policy requested by Councilmember
Sullivan regarding feeding the homeless in Central
Park.
Vice-Mayor Maggard apologized to Mayor Hall for failing to
inform him of the cancellation of a press conference.
Council member Benham made comments regarding the
California Partnership for the San Joaquin Valley and
encouraged Councilmembers and staff to read material
provided today from that organization and make comments.
Bakersfield, California, September 27,2006 - Page 13
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Mayor Hall made comments regarding the Baker Street
Village Project and suggested the media be provided the
drawings and requested a copy of the presentation made
earlier in the meeting.
Mayor Hall made comments regarding the luncheon for
Bakersfield's new Sister City, Bucheon City, Republic of
Korea.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:36 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield