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HomeMy WebLinkAbout10/25/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA OCTOBER 25, 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. PU BLlC STATEMENTS (Regarding Workshop and Closed Session Item(s) only during this portion of the meeting) 3. WORKSHOPS (15 min) a. Presentation by the California Partnership for the San Joaquin Valley regarding the needs of the San Joaquin Valley region, and consideration by the City Council to "support in concepr recommendations for the Draft Strategic Action Proposal entitled "The San Joaquin Valley: California's 21st Century Opportunity". Staff recommends approval. 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v. City. b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue) RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Kevin Rhamie, Southside Seventh Day Adventist Church. 7. PLEDGE OF ALLEGIANCE by Alexandria Crisler, 5th Grade Student at Shirley Lane Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Todd Jeffries, Director of Community Relations, Optimal Hospice Care, proclaiming November 2006, as National Hospice and Palliative Care Month. b. Presentation by State of California Department of Housing and Community Development Workforce Housing Representative of a Workforce Housing Program Grant Award ($598,126) for Sport Village Park. 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 18, 2006, Joint City/County Meeting and October 11, 2006, Regular City Council Meeting. 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from September 29, 2006 to October 12, 2006 in the amount of $10,726,885.26 and self-insurance payments from September 29,2006 to October 12, 2006 in the amount of $191 ,040.54. Ordinances: (Ward 6) (Ward 4)* (Ward 1,4)* (Ward 1) (Ward 4,5) . - upon annexation c. Adoption of Ordinance amending Subsection B of Section 13.12.030 of the Municipal Code relating to Standard Design Manuals. (FR 10111/06) d. Adoption of Ordinance repealing Section 15.64.380 of the Municipal Code relating to Fire Department members assuming duties of peace officers. (FR 10/111(6) Adoption 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 ft/dwelling 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) (FR 10111106) Adoption 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) (FR 10111/06) Resolutions: e. f. g. Resolutions approving applications proposing proceedings for annexation of uninhabited and inhabited territory to the City identified as: 1. Annexation No. 505 consisting of 54.34 acres located west of Cottonwood Road, generally north of Panama Lane. 2. Annexation No. 562 consisting of 99.50 acres located at the northeast corner of Snow Road and Coffee Road, west of Beardsley Canal. 3. Annexation No. 564 consisting of 73.54 acres located west of the Beardsley Canal, east and west of Coffee Road. 4. Annexation No. 528 consisting of 22.06 acres, located west of S. Chester Avenue and north of E. White Lane, generally west of S. Union Avenue. Sewer connection fee assessment for 112 E. 7th Street: 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Camilo Ramirez Gutierrez & Patricia F. Gutierrez to pay sewer connection fee in installments and notice of special assessment lien. Resolution determining that Bioxide, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one (1) year, not to exceed budgeted amount of $300,000. h. i. 2 12. CONSENT CALENDAR continued j. Purchase of Motorola Radio Equipment: 1. Resolution determining that Motorola radio equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $700,000. 2. Approve the purchase of replacement mobile, portable and fixed radio equipment from Motorola Communications, Inc. ($700,000). k. Memorandums of Understanding for Fire Units: 1. Resolution approving the Memorandum of Understanding setting salaries and related benefits for the Firefighters and Engineers Unit of the Fire Department. 2. Resolution approving the Memorandum of Understanding setting salaries and benefits for the Fire Supervisory Unit of the Fire Department. Resolution of Intention No. 1489 to add territory, Area 5-30 (Berkshire, S. Union NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1490 to add territory, Area 4-64 (8th, R NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1) I. m. Agreements: Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Fairway Oaks South, L.P. for Tract 6079 Phase 4 located south of Southern Pacific Railroad on Mountain Vista Road. 2. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6290 Phase 3 located at the southeast intersection of McKee Road and Mountain Ridge Drive. 3. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6290 Phase 2 located northeast of Berkshire Ridge Drive and Ashe Road. 4. Final Map and Improvement Agreements with K. Hovnanian's Four Seasons of Bakersfield, LLC for Tract 6444 Phase 2 located north of Panorama Drive and east of Vineland Road. 5. Final Map with Bakersfield Oak Park, LLC for Tract 6482 located at the southwest intersection of Hageman Road and Fruitvale Avenue. o. Metropolitan Bakersfield Transfer Station and Refuse Recycling Programs: 1. Agreement with Kern County to share in costs (City's share not to exceed $150,000) to hire consultant to prepare grant applications for the Metropolitan Bakersfield Transfer Station and Recycling Programs. (Ward 3,5,6) (Ward 2) p. n. 2. Appropriate $150,000 Refuse Fund Balance to the Public Works Department operating budget to fund City's share of consultant cost. Agreement with Bethany Services ($60,880 Emergency Shelter Grant funds) to support the operating costs necessary to continue services at the Bakersfield Homeless Center located 1600 E. Truxtun Avenue. 3 (Ward 2) 12. CONSENT CALENDAR continued q. Agreement with Alliance Against Family Violence and Sexual Assault ($15,185 Emergency Shelter Grant funds) to support the operating costs necessary to continue services. Bakersfield Municipal Airport Ground Leases: 1. Agreement with Richard Macias, Sr. for purposes of constructing an aircraft storage hangar for a monthly lease fee ($40). 2. Agreement with Harry Hackney for purposes of constructing an aircraft storage hangar for a monthly lease fee ($40). Amendment No.1 to Agreement No. 06-051 with State of California (not to exceed $13,421.23 annually) for maintenance of State Highways in the City. z. Federal Supply Surplus Program: 1. Acceptance of 11 cab and chassis vans from General Services Administration Federal Supply Surplus Program. 2. Appropriate $15,000 Equipment Management Fund balance to the Public Works Department operating budget to fund miscellaneous costs associated with acquisition of the vans. aa. Gang Resistance Education and Training (G.R.E.A.T.) grant award from U. S. Department of Justice: 1. Appropriate $206,864 Federal Grant Revenues to the General Fund Police Operating Budget. 2. Authorize (1) Police Officer position. 3. Authorize (1) Clerk Typist position. Appropriate $1,000,000 Additional Water Revenue to the Capital Improvement Budget within the Agriculture Water Fund toward construction of the Mill Creek Project. Appropriate $2,400 Transportation Development Act Article 3 Grant for bicycle storage lockers at the Ice Sports Center and McMurtrey Aquatic Center to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund. (Ward 1) (Ward 1,2) (Ward 2) (Ward 2) (Ward 2) (Ward 2) bb. (Ward 2) cc. r. s. Bids: t. Reject all bids for the Fire Station No. 11 roof replacement project. u. Extend bid from Quinn Company ($208,217.30) for one (1) replacement articulated four- wheel drive loader for the Public Works Department Solid Waste Division. v. Accept bid from Yale Industrial Trucks Central California ($74,829.39) for additional forklifts for Public Works. Accept bid and award annual contract to RM Industries (not to exceed $80,000) to provide janitorial and hardscape maintenance services for the Amtrak Station. x. Accept bid and award annual contract to United Pacific Services (not to exceed $250,000) for tree trimming. w. Accept bid and award contract to Jim Clawson Automotive Equipment ($244,934) for two (2) 50,000 pound two-post lifts for the Fleet Services maintenance shop. Miscellaneous: y. 4 12. CONSENT CALENDAR continued (Ward 2) dd. Transfer $1,300,000 from several budgeted Capital Improvement Projects and appropriate same amount to the Public Works Capital Improvement Budget for acquisition of property for the Westside Parkway within the Transportation Development Fund. ee. Dedication of freeway right of way at Ashe Road and Taft Highway to Caltrans. Staff recommends adoption of Consent Calendar items a through ee. CONSENT CALENDAR HEARINGS (Ward 6) 13. (Ward 2) Public Hearing to consider Resolution ordering the vacation of portions of Owens Street, E. 19th Street and the alley located at the northwest corner of E. Truxtun Avenue and Gage Street. (Staff recommends adoption of resolution.) b. Public Hearing to consider resolution approving an amendment to the Specific Parks and Trails Plan for Northeast Bakersfield to add the Rio Bravo annexation area into the plan. (Applicant: San Joaquin Engineering) (Staff recommends adoption of resolution.) HEARINGS a. (Ward 3) 14. a. Public Hearing to consider Resolution of Necessity to consider the acquisition by eminent domain of property owned by B H Investments, Inc., located at 2144 Parker Lane, for the Westside Parkway. Staff recommends adoption of resolution of necessity authorizing acquisition by eminent domain of certain property owned by B H Investments, Inc. located at 2144 Parker Lane. The City of Bakersfield is authorized to acquire property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. b. Public Hearing to consider the proposed expenditure plan for the Supplemental Law Enforcement Services Funding (S.L.E.S.F.) grant. 1. Appropriate $606,924 State Grant revenues to the Police Operating Budget within the S.L.E.S.F. Fund. Staff recommends approval of proposed expenditure plan and appropriation. 15. REPORTS a. Reports from Pacific Gas & Electric Company (P G & E): 1. Report on SmartMeter Communication Equipment and, Agreement with P G & E for the purpose of allowing attachment of SmartMeter communication equipment to City- owned street light poles at various locations in the City. 2. Report on Sale of Kern Power Plant located on Rosedale Highway. Budget and Finance Committee recommends approval of agreement. b. Report regarding space needs in the City. (Presentation by City Manager Alan Tandy) Staff recommends this matter be referred to Planning and Development Committee. c. Report on the General Services Administration (GSA) response to the City/Bakersfield Redevelopment Agency letter regarding a Federal Courthouse in Downtown. (Presentation by City Manager Alan Tandy) 16. DEFERRED BUSINESS (Ward 3) a. First Reading of Ordinance approving a Negative Declaration and amending Chapter 17.66 of the Municipal Code relating to HD, Hillside Development Combining Zone. Staff recommends give first reading to ordinance. 5 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT ~es ectfUlly~ed, ~..!f ( f; Ian Tandy City Manager 10/19/06 12:20pm 6 AGENDA HIGHLIGHTS OCTOBER 25, 2006 COUNCIL MEETING WORKSHOP There will be a presentation by the California Partnership for the San Joaquin Valley regarding a draft strategic action proposal entitled "The San Joaquin Valley: California's 21st Century Opportunity." CLOSED SESSION There will be a conference with legal counsel regarding one case of existing litigation and one case of potential litigation. CONSENT CALENDAR Resolutions Item 12j. Resolution Authorizino the Finance Director to Disoense with the Biddino Procedure to Purchase Motorola Radio Eouioment in an amount not to exceed $700.000. Existing police radio equipment was purchased between 1978 and 1994, and needs to be replaced. Parts for these radios are no longer manufactured and are hard to find. Motorola radios and fixed infrastructure equipment have become the standard for the City, and any new radio equipment must be compatible with the existing infrastructure. Motorola is offering a 20% discount for the purchase of new narrow band digital mobile, portable and fixed radio equipment. Funds for this purchase are budgeted in the FY 2006-07 Budget. Item 12k. Resolutions Aoorovino Memorandums of Understandino (MOUl for Fire Units. Details of these memorandums are contained within the administrative report. The proposed MOU's are comparable to current MOU's with other City bargaining units. Staff recommends adoption of these resolutions. Aareements Item 120. Aoreement with Kern County to Share in the Costs to Hire a Consultant to Preoare Grant Aoolications for the Metrooolitan Bakersfield Transfer Station and Recyclino Proarams. In early 2006, the City and County entered into a memorandum of understanding for joint efforts to develop future metropolitan area refuse transfer stations. An environmental consultant is being. used to calculate the mileage and air emission savings for various potential scenarios. The next effort is to analyze the cost and feasibility of transfer station operations, using another consultant which is on retainer with the County. Time is of the essence for the grant application process. The City's share of the cost is estimated to be under $150,000 for the work. This grant opportunity was not known at the time the FY 2006-07 Budgetwas being prepared. Therefore, an appropriation of $150,000 is recommended to fund the City's share of the consultant's cost. Item 12r. Aoreements for Purooses of Constructino Aircraft Storaoe Hanoars for a Monthly Lease Fee in the amount of $40 Each. Richard Macias, Sr. and Harry Hackney each wish to construct a storage hangar at the Bakersfield Municipal Airport. The term of these agreements is for a period of 20 years with the option of two 5-year extensions. Each land lease agreement generates $40 per month in revenue. Bids Item 12x. Award Annual Contract to United Pacific Services for Tree Trimmino in an amount not to exceed $250.000. The contract is renewable annually for 4 consecutive 1-year periods at the City's option and upon mutually agreeable terms. Work will be assigned on an as-needed basis by the Recreation and Parks Department Tree Division. Terms and conditions of the bid required the contractor to have an International Society of Arboriculture (ISA) certified arborist on staff who will act as an on-site supervisor throughout the work. Five acceptable bids were received. Staff recommends award to United Pacific Services. Agenda Highlights October 25, 2006 ., Page 2 Miscellaneous Item 12z. Federal Suoolv Surolus Prooram. The City has been a participant of the General Services Administration, Federal Supply Surplus Program since 1997. The Surplus Property Officer of this program contacted the Fleet Services Division to inquire if the City would be interested in acquiring 11 cab and chassis vans. Staff found there was a need for these vans in various departments. By accepting this equipment, the City's only obligation will be to pay service and handling fees of $9,000 and transportation fees of $5,500. Item 12aa. Gano Resistance Education and Trainino (G.R.E.A.T') Grant Award from the U.S. Deoartment of Justice in the amount of $206.864. The Bakersfield Police Department was awarded $206,864 from this program on September 20, 2006. The goal of the program is to train law enforcement officers in a school- based curriculum in which the officers provide instruction to school-aged children in life skill competencies, gang awareness and anti-violence techniques. The grant award will be used to provide G.R.E.A.T. training curriculum, equipment and supplies. To support the program, staff proposes adding one additional police officer and one additional clerk typist, the salaries of which would be funded for one year. Item 12bb. Aoorooriate $1.000.000 Additional Water Revenue to the Caoital Imorovement Budaet within the Aoriculture Water Fund for the Construction of the Mill Creek Proiect. The City entered into an agreement in April, 2006 with the engineering firm of Royston Hanamoto Alley & Abey to prepare preliminary design engineering, a construction Master Plan, and a detailed cost estimate for improvements to a portion of the Kern Island Canal and other facilities for the Mill Creek Project. The preliminary engineering is approximately 50% complete and the next phase will begin after Council approves the Master Plan Concept. This appropriation will be utilized to fund improvements made to the canal and other water elements during construction. Item 12dd. Transfer and Aoorooriate $1.300.000 from Several Budoeted Caoital Imorovement Proiects to the Public Works Caoital Imorovement Budoet for Acauisition of Prooertv for the Westside Parkway within the Transoortation Develooment Fund. The City has been utilizing $19.2 million of State Transportation Improvement Program (STIP) funding over the past several years to purchase right-of-way for the Wests ide Parkway. The City has spent $17.4 million of these funds to date, but must spend the remaining $1.8 million by October 31st or these remaining funds will lapse and no longer be available to use. At the September 27th City Council meeting, Council approved a Resolution of Necessity for the acquisition of property for the Westside Parkway project from the Flying J Refinery. Based on the City's appraisal, total acquisition costs, plus other associated incidentals, costs will amount to approximately $3.1 million. Funding will be provided from the remaining $1.8 million STIP funds, and the recommended transfer of $1.3 million from budgeted CIP projects within the Transportation Development Fund, $1.175 million of which will come from a combination of savings on projects and from projects now included in the Thomas Roads Improvement Program that will not be spent this fiscal year. The remainder ($125,000) will come from deferring the construction of the Street Improvement - Calloway & Norris CIP project. (Staff will still be able to do design work for this project so it can continue to move forward.) Item 12ee. Dedication of Freewav Rioht-of-Wav at Ashe Road and Taft Hiahwav to Cal Trans. Cal Trans is proposing to construct a traffic signal at Ashe Road and Taft Highway. The City requested that the signal be constructed at the ultimate right-of-way limits to facilitate development of adjoining properties. Cal Trans agreed, but stipulated that the City dedicate the necessary right-of-way. Agenda Highlights October 25, 2006 Page 3 CONSENT CALENDAR HEARINGS Item 13a. Public Hearinc to Consider a Resolution Orderinc the Vacation of Portions of Owens Street. East 19th Street. and the Allev Located at the Northwest Corner of East Truxtun Avenue and Gace Street. Ben Dominguez, president of Oasis Air Conditioning, submitted a request to vacate portions of Owens Street, East 19th Street, and the alley located at the northwest corner of East Truxtun Avenue and Gage Street. Both East 19th Street and Owens Street would remain intact and accessible with the exception of gates at both ends of East 19th Street. No objections have been received as of the date of this report. PG&E requests the City to reserve an easement for their facilities within the vacation area. A Resolution of Intention to order this proposed street vacation was adopted by Council at the regular meeting of September 27, 2006. Item 13b. Public Hearinc to Consider a Resolution Aoorovinc an Amendment to the Soecific Parks and Trails Plan for Northeast Bakersfield to Add the Rio Bravo Annexation Area into the Plan. The Rio Bravo annexation area is generally located south of the Rio Bravo Country Club development, and on both sides of Miramonte Drive (extended). As a requirement of the related General Plan AmendmenVZone Change, the project area is required to be added to the Specific Parks and Trails Plan for Northeast Bakersfield (SP). The request identifies two public park locations, which are a two-net acre site located on a high knoll in the northeast portion of the development and a six-net acre site located on the south side of Chase Ave, approximately % mile southeast of the Miramonte and Chase intersection. Public streets and trail connections are proposed to access the park. Trails are proposed along Miramonte Drive; Chase Avenue; from the six-acre park, west to the west boundary of the annexation area, looping north to Chase Avenue; from Chase Ave. east along Breckenridge Road, then north along the east boundary of the annexation area to the two-acre park. On August 3, 2006, the Planning Commission held a public hearing and recommended approval of the request. No one spoke at the hearing. HEARINGS Item 148. Public Hearino recardinc Acouisition bv Eminent Domain of Prooertv located at 2144 Parker Lane for the Westside Parkwav. The City wishes to acquire a piece of property for the Wests ide Parkway which is owned by B H Investments, Inc. This hearing will provide an opportunity for the public and the owner of affected property to voice any concerns regarding the acquisitions. Sales price negotiations have taken place with the owner of the company, and will continue after this action. Item 14b. Public Hearinc to Consider the ProDosed Exoenditure. Plan for the Suoolemental Law Enforcement Services Fundinc (S.L.E.S.F.) Grant. The S.L.E.S.F. program was designed to provide State funds to local law enforcement agencies for the purpose of addressing current front line needs. For each year the City receives these monies, the Chief of Police must submit a request to Council specifying those needs, and a public hearing must be held to consider the requests. This year, the City is eligible to receive $606,924. Among the proposed expenditures is a request for $35,000 in funding for the re-establishment of a Park Patrol as recommended by the Safe Neighborhoods and Community Relations Committee at their October 12, 2006 meeting. The dollar amounts associated with each item are estimates. If department needs change or the amounts spent differ from those proposed, the Police Department will expend or encumber the differences in accordance with State program guidelines. Agenda Highlights October 25, 2006 Page 4 , > REPORTS Item 158. Reoorts from Pacific Gas & Electric Comoanv lPG&El. Councilmember Couch requested that representatives from PG&E provide a report to the City Council on the SmartMeter Program and the sale of the Kern Power Plant. Item 15b. Reoort recardinc Soace Needs in the City. City Manager, Alan Tandy, will give a report on the space needs in the City. Once the report is heard, staff recommends the issue be referred to the Planning and Development Committee. Item 15c. Reoort on the General Services Administration lGSA) Resoonse to the Citv/Bakersfield Redevelooment Acencv Letter reaardinc a Federal Courthouse in Downtown. At the regular meeting of September 13, 2006, the City Council approved sending a letter to the General Services Administration detailing what the City and Agency were willing to do to attract a Federal Courthouse to downtown Bakersfield. The Redevelopment Agency approved the same letter at a meeting on September 11, 2006. GSA responded to the Council/Agency by letter dated October 17,2006 and received by the City Manager on October 18, 2006. As the GSA letter was received so recently, there has been no time to do the staff work necessary for full deliberation of this issue. The City Manager will provide an overview of the GSA response for preliminary discussion only. DEFERRED BUSINESS Item 168. First Readinc of an Ordinance Aoorovinc a Necative Declaration and Amendinc the Municioal Code relatinc to HD. Hillside Develooment Combininc Zone. A public hearing on this issue was conducted at the October 11, 2006 Council meeting. The public hearing was closed and the item was then deferred to the meeting of October 25, 2006 to allow for further discussion between staff and Council, and staff and affected property owners. In response to comments and additional information gained from the City's consultant team, several hours of public comments at Planning Commission meetings, and review of additional ordinances from other jurisdictions, clarifications and changes were incorporated into this draft of the Amendment. Details of the proposed amendment are listed in the administrative report. A General Plan goal is 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 respond to the policies identified in the General Plan. The Planning Commission, on September 7, 2006, unanimously voted to approve the ordinance and recommend same to the City Council. n- Approved: Alan Tandy, City Manager 00: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's OffIce News Media File e ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: WORKSHOP ITEM: ~.a.. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager October 13, 2006 APPROVED DEPARTMENTHEAD~ CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by the Califomia Partnership for the San Joaquin Valley r rdi the needs of the San Joaquin Valley region, and consideration by the City Council to "support in concept" recommendations for the Draft Strategic Action Proposal, The San Joaquin Valley: California's 21al Century Opportunity. RECOMMENDATIO~: Staff recommends approval. BACKGROUND: On June 24, Governor Schwarzenegger announced the formation of the Califomia Partnership for the San Joaquin Valley to improve the economic, social and environmental quality of life here in our Valley. The partnership brings state agency secretaries and Central Valley representatives together to make recommendations to the Governor regarding changes that would improve the economic well-being of the Valley and the quality of life of its residents. The 26-member Partnership, led by the Secretary of the Business, Transportation and Housing Agency, is composed of eight state government members, eight local govemment members nominated by their County Council of Governments and eight .private sector members, along with two deputy chairs. Councilmember Sue Benham, Supervisor Barbara Patrick, Mr. Ray Dezember, and Mr. Pete Parra are members of the Partnership Board from the Bakersfield area. The Partnership has developed a Draft Strategic Action Proposal. The proposal, entitled The San Joaquin Valley: California's 21at Century Opportunity, has been developed to address the challenges that Valley communities face now and in the future. Developing a skilled workforce, building a world-class transportation system and attaining clean air standards are a few of the areas that are addressed in the proposal. The Partnership has focused its attention on the needs of the San Joaquin Valley and worked with local elected officials and civic leaders to develop a plan to achieve the brightest future for the region. Representatives from the Partnership would like to present to the City Council the Draft Strategic Action Proposal, The San Joaquin Valley: California's 21al Century Opportunity. They would like the Council to "support in concept" the recommendations incluced in the report. A similar presentation was made to the Kern County Board of Supervisors on October 10, 2006. The Board of Supervisors voted unanimously to "support in concepr the recommendations contained in the report. ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Closed Session ITEM: t.t. Q,. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney October 6, 2006 APPROVED 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.., · Elizabeth Ann Peel, et al v. City of Bakersfield, et al KCSC Case No. S-1500-CV-254827-SPC VG:do S:\COUNCIL \CI Sess\Admins\06-07\ 1 0-25-06Existllt.doc ADMINISTRA liVE REPORT MEETING DATE: October 25,2006 TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney October 13, 2006 AGENDA SECTION: Closed Session ITEM: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (One issue). VG:do S:\COUNCIL\CI Sess\Admins\06-07\1 0-25-06 Potential1.dot October 13, 2006, 1 :22PM ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Presentations ITEM: a .(l. TO: Honorable Mayor and City Council FROM: DATE: Mayor Harvey L. Hall DEPARTMENT HEAD SUBJECT: October 12, 2006 CITY ATTORNEY --;fJ::' CITY MANAGER rY/ 7 Presentation by Mayor Hall of Proclamation to Todd Jeffries, Director of Community Relations, from Optimal Hospice Care, proclaiming November, 2006, as National Hospice and Palliative Care Month. RECOMMENDATION: BACKGROUND: ndw October 12, 2006, 3:30PM S:\MA YOR\ADMIN\2006\HOSPICE MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Presentations ITEM: "'. b . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD @' CITY ATTORNEY * CITY MANAGER ~ Donna L. Kunz, Economic Development Director October 11, 2006 SUBJECT: Workforce Housing Program Award RECOMMENDATION: None BACKGROUND: A Workforce Housing Representative from. the State of California Department of Housing and Community Development will present to the City of Bakersfield a check for the $598,126 for a Workforce Housing Program Grant Award for "Sport Village Park." S:\Admins\City Council\City Council Admins 2006\Wortdorce Housing Grant Program Presentation,doc 10/11/2006 8:43 AM ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 . AGENDA SECTION: Consent Calendar ITEM: I~. 0.. . TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City ClerJ(JL., October 13, 2006 APPROVED DEPARTMENTHE~ CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the Joint City/County Meeting September 18, 2006, and 2006 Council Meeting. · RECOMMENDATION: Staff recommends approval. BACKGROUND: kl ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: ll,b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD ~1 CITY ATTORNEY 1/0 ~r'~ October 12, 2006 CITY MANAGER SUBJECT: Approval of department payments from September 29, 2006 to Octob 12, 006 in the amount of $10,726,885.26 and self insurance payments from September '29, 2006 to October 12, 2006 in the amount of $191 ,040.54. RECOMMENDATION: Staff recommends approval of payments totaling $10,917,925.80. BACKGROUND: RAR October 12, 2006. 3:42PM S:\Kim G\Fonns & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \:1 .c.. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 25, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 1"// ;'F /..It,........_ SUBJECT: An Ordinance Amending Subsection B of Section 13.12.030 of the Bake Code Relating to Standard Design Manuals. RECOMMENDATION: Staff recommends adoption of the 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. The ordinance received first reading on October 11, 2006. Pwcmw September 19, 2006, 4:30PM C:\OOCUME-1\cwalker\LOCALS-1\Temp\xPgrpwise\OevelopStandOrdRev _2nd Read .doc ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: \;2. e.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED SUBJECT: Adoption 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 ftJdwelling 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 and Associates, representing ETMM Partnership) 0Nard 6) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 11, 2006. On August 3, 2006, the Planning Commission held an advertised public hearing for this zone change request and recommended approval to 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 ftJdwelling 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 on 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 it is an infill development that is consistent with the general plan and zoning regulations. It is within an area predominantly developed with urban uses. 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 infill development. Staff recommends approval of the first reading of the ordinance. No one spoke in opposition to the zone change. Staff recommends approval of the zone change. October 12, 2006, 4:34PM Planner wi I S:\Danslsdmin\2006\Oct\ 10-25-0620. doc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \d. :f. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ October 5, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving a Negative Declaration and am ing ection 17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Bakersfield Munic' al Code by changing the zoning from E-5A (Estate - 5 acre minimum lot size) to C-1(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) (Ward 4, upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 11, 2006. On July 20, 2006, the Planning Commission held an advertised public hearing for this zone change request and recommended approval to 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 as being more appropriate, 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 Bakersfield General Plan. At the hearing, Teri Bjorn 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 approval of the zone change. October 12,2006, 4:36PM WL. /S:\Dsns\admin\2006\Octl10-25-0380. doc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ ~ September 29, 2006 CITY AnORNEY l Em CITY MANAGER SUBJECT: Resolutions approving applications proposing proceedings for annexation 0 and inhabited territory to the City identified as: 1. Annexation No. 505 consisting of 54.34 acres, located west of Cottonwood Road, generally north of Panama Lane (Ward 1) 2. Annexation No. 562, consisting of 99.50 acres, located at the northeast corner of Snow Road and Coffee Road, west of the Beardsley Canal. (Ward 4) 3. Annexation No. 564, consisting of 73.54 acres, located west of the Beardsley Canal, east and west of Coffee Road. (Ward 4) 4. Annexation No. 528, consisting of 22.06 acres, located west of South Chester Avenue and north of East White Lane, generally west of South Union Avenue. (Ward 1) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolutions of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield are identified as Annexation No. 505 consisting of 54.34 acres, Annexation No. 562, consisting of 99.50 acres and Annexation No. 564, consisting of 73.54 acres. These annexations are adjacent to the City limits and are within the City's Sphere of Influence boundary. The resolution of application proposes proceedings for the annexation of inhabited territory to the City of Bakersfield is identified as Annexation No. 528 consisting of 22.06 acres. This annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owners have consented to annexation. The property owners propose to annex the land for development purposes and receive city services. ADMINISTRATIVE REPORT Page 2 The exchange of property tax revenues for these annexations will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that these annexations are covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Applic\Admin Draft 10-25-06 505, 528, 562 & 564.doc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \J..h. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director October 5, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Sewer Connection Fee Assessments (Ward 1): 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Camilo Ramirez Gutierrez & Patricia F. Gutierrez, 112 E. 7th Street, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owners of the property at 112 E. th Street desire to connect their property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owners to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. de S:\PROJECTS\SewerConFee\Admin\ 1123th Street.cJoc October 5,2006, 10:57AM ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \J. .1. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY. CITY MANAGER APPROVED /V"$' !2/Yi-S October 12, 2006 SUBJECT: Resolution determining that Bioxide, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one (1) year, not to exceed the budgeted amount of $300,000.00. (Wards 4 & 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Some areas of southwest Bakersfield experience continuing odor problems from the Buena Vista Trunk Line thus creating a nuisance to residents and businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control District (District) policies and can be punishable by a fine. The City has previously received a warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine by the District. Carollo Engineers conducted an odor alleviation study and, Bioxide, a proprietary and therefore sole source product of U.S. Filters was found to be the only effective agent for controlling odors in the Buena Vista Trunk Line. Due to the proprietary nature of Bioxide, and the need to continually inject Bioxide to control odors in the Buena Vista Sewer Trunk Line, staff is recommending adoption of the Resolution to dispense with bidding for Bioxide and authorizing the purchase of Bioxide on a continuing basis in amounts to meet the City's requirements, not to exceed the budgeted amount of $300,000.00. If at any time it is determined that other products or more effective products are available, staff will re-evaluate the sole source designation of Bioxide and will seek competitive pricing to insure the best interests of the City are met. Purchasing Division OW S:\PURCH\ADMIN\8ioxide Sole Source Resolution, October 25, 2006.doc October 19, 2006, 11 :44AM ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \~.l , u TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD A/5 CITY ATTORNEY 1-2-l!-- -H;/ ~/YI~ " (/ October 12, 2006 CITY MANAGER SUBJECT: Purchase of Motorola Radio Equipment. 1. Resolution determining that Motorola radio equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $700,000.00. 2. Approve the purchase of replacement mobile, portable and fixed radio equipment from Motorola Communications, Inc. in the amount of $700,000.00. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase. BACKGROUND: Police radio equipment which was purchased and installed between 1978 and 1994 needs to be replaced. The reliability of the equipment has deteriorated and the equipment is in need of major maintenance and repair. Parts for the equipment are no longer manufactured and are extremely hard to find. Motorola mobile and portable radios and fixed infrastructure equipment have become the standard for the City of Bakersfield and any new radio equipment must be compatible with the existing City radio infrastructure. Motorola is offering the City a 20% discount for purchase of new narrow band digital mobile, portable and fixed radio equipment. Funds for the purchase of the radio equipment units are in the FY 2006-2007 Adopted Budget. Purchasing Division OW S:\PURCH\ADMIN\Motorla Radios, Sole Source, October 25, 2006.doc Created on 10/12/20063:18:00 PM ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: \:;l.. K. TO: FROM: DATE: Honorable Mayor and City Council ~ Janet McCrea, Acting HR Manager U. October 13,2006 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /44__ r f:r i CITY MANAGER SUBJECT: 1. Resolution approving the Memorandum of Understanding setting salaries nd related benefits for the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield 2. Resolution approving the Memorandum of Understanding setting salaries and benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: Labor negotiations with the Fire Unions have concluded, and the proposed agreements for these units are comparable to current agreements with other city bargaining units. Specifically, the following items are recommended for this bargaining unit. 1. Twenty-seven month agreements from January 1, 2006 to March 31, 2008 2. Salary increases: a. 3% effective December 26, 2005 b. 4% effective December 25,2006 c. 1 % effective December 24, 2007 3. Constant staffing - rank for rank call back will be implemented when a position is vacant less than 30 days. Longer vacancies of Captains and Battalion Chiefs due to illness or injury only will be filled by personnel acting in a higher rank 4. New hires will pay more of their PERS retirement contribution for the first five years 5. Employees hired after May 5, 2006 will not participate in either of the retiree health subsidy programs. 6. Residency requirement will be changed to one hour from City limits 7. Individuals assigned to work a shift at Station #15 as a Certified Hazardous Materials Specialist or Hazardous Materials Technician will have their premium pay increased from $15 per shift to $17 per shift 8. Uniform allowance will be increased to from $780 to $900 per year October 13, 2006, 9:39AM S:\ADMINRPT\Fil8 MOU's 2006.dot ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: 12 . \ . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD /lc l' September 29, 2006 CITY ATTORNEY CITY MANAGER .- SUBJECT: Resolution of Intention No. 1489 to add territory, Area 5-30 (Berkshire. S. Unio NW) to the Consolidated Maintenance District and preliminariiy adopting, confirming and approving Public Works Director's Report. CNard 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6371 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 5-30 is generally bounded by the Arvin-Edison Canal on the north, S. Union Avenue on the east, Berkshire Road on the south and a line approximately 560 feet west of S. Union Avenue on the west. This area will be under the park and streets cape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the pUblic hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr September 29,2006, 10:31AM MD5-30Ri05.dot ADMINISlRA liVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: \;;t.m. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 29, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED //\/7 ,J, I ( , SUBJECT: Resolution of Intention No. 1490 to add territory, Area 4-64 (8th, W) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 04-1657 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-64 is generally bounded by a line approximately 140 feet north of 8th Street on the north, "R" Street on the east, 8th Street on the south and a line approximately 160 feet west of "R" Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr September 29,2006, 10:50AM MD4-64Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: October 25-, 2006 AGENDA SECTION: Consent Calendar ITEM: l J... .n. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: October 4, 2006 SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with Fairway Oaks South, L.P. for Tract 6079 Phase 4 located South of Southern Pacific R.R. on Mountain Vista Road. (Ward 5) 2. Final Map and Improvement Agreements with Lennar Homes of California, INC. for Tract 6290 Phase 3 located at the Southeast intersection of McKee Road and Mountain Ridge Drive. (Ward 6) 3. Final Map and Improvement Agreements with Lennar Homes of California, INC. for Tract 6351 Phase 2 located at Northeast of Berkshire Ridge Drive and Ashe Road. (Ward 6) 4. Final Map and Improvement Agreements with K. Hovnanian's Four Seasons at Bakersfield, LLC for Tract 6444 Phase 2 located North of Panorama Drive and East of Vineland Road. (Ward 3) 5. Final Map with Bakersfield Oak Park, LLC for Tract 6482 located at the Southwest intersection of Hageman Road and Fruitvale. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs October 5, 2006, 4:08PM G:\GROUPDAl\ADMINRPT\2006\10-25\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: l~.o. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER AP9ROVED ../If ) , I / . /' ~ f October 10, 2006 SUBJECT: Metropolitan Bakersfield Transfer Station and Refuse Recycling Programs: 1. Agreement with Kern County to share in costs (City's share of costs not to exceed $150,000) to hire consultant to prepare grant applications for the Metropolitan Bakersfield Transfer Station and Recycling Programs. 2. Appropriate $150,000 Refuse Fund Balance to the Public Works Department's operating budget to fund City's share of consultant cost. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: In early 2006, the City and County entered a memorandum of understanding for joint efforts to develop future metropolitan area refuse transfer stations. . The current effort is to seek air pollution authority grant funds for design and construction. City and County staff are jointly working on this, using an environmental consultant to calculate the mileage and air emission savings for various potential scenarios. The next effort is to analyze the cost and feasibility of transfer station operations, using another consultant which is on retainer with the County. Time is of the essence for the grant application process. As reported at the September 18, 2006 joint City and County meeting, an agreement has been prepared for the City and County to evenly share the cost of the consultant work for the transfer station effort. The City's share of the cost is estimated to be under $150,000 for the work to prepare grant applications in excess of $15 million. This grant opportunity was not known at the time the FY 2006-07 budget was being prepared. Therefore, an appropriation of $150,000 is recommended to fund the City's share of the consultant's cost. kb October 11, 2006, 2:51PM G:\GROUPDAT\ADMINRPT\2006\1 0-25\Cost Sharing Agrmt for City-County Transfer Station.doc ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: I~. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD @.,. CITY ATTORNEY V; CITY MANAGER Donna L. Kunz, Economic Development Director October 10, 2006 SUBJECT: Agreement with Bethany Services for $60,880 of Emergency Shelter Grant (ESG support the operating costs necessary to continue services at the Bakersfield Center, 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This is the eleventh year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as, funding preventive programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development and implementation of homeless prevention activities. It has been the Council's practice not to approve operating funds to non-profit agencies requesting assistance. However, with respect to ESG funds the Council has made an exception and allowed the use of these funds for operational purposes. Thus, this agreement does include operational funds to provide essential services for homeless prevention activities. With respect to all other federal entitlements staff will continue to implement Council policy of precluding the use of such funds for operations. As a part of the Fiscal Year 2006/07 budget process, the Council approved, in principle, the funding for Bethany Services of up to $60,880 for eligible ESG activities. The agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in the narrative below: Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy products, building/grounds maintenance supplies, equipment rentallmaintenance, and janitorial and maintenance services necessary to the on-going operation of the Center. No more than $60,880 of the grant will be used to provide these operational activities. All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. S:\Admins\City Council\City Council Admins 2006\BHC ESG 2006-07.doc 10/10/2006 1:35 PM ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: l;;t. . TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: October 10, 2006 SUBJECT: Agreement with Alliance Against Family Violence and Sexual Assault for $15,185 of Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue services. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: . This is the eleventh year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as, funding preventive programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation (including staff costs related to operations), insurance, utilities, and fumishings; and 4) the development and implementation of homeless prevention activities. It has been the Council's practice not to approve operating funds to non-profit agencies requesting assistance. However, with respect to ESG funds the Council has made an exception and allowed the use of these funds for operational purposes. Thus, this agreement does include operational funds to provide essential services for homeless prevention activities. With respect to all other federal entitlements staff will continue to implement Council policy of precluding the use of such funds for operations. As a part of the Fiscal Year 2006/07 budget process, the Council approved, in principle, the funding for Alliance Against Family Violence and Sexual Assault of up to $15,185 for eligible ESG activities. The agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in the narrative below: Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial and maintenance services necessary to the on-going operation of the Center. No more than $8,185 of the grant will be used to provide these operational activities. S:\Admins\City Council\City Council Admins 2006\AAFV ESG 2006-07.doc 10/10/2006 1 :28 PM ADMINISTRATIVE REPORT Page 2 Essential Services: To help fund wages and employers payroll taxes of case managers and counseling staff. The total amount of ESG funds expended to meet costs of this essential service shall not exceed $7,000. Essential Services Operational Activities Total ESG Grant $ 7,000 $ 8.185 $15,185 All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. S:\Admins\City Council\City Council Admins 2006\AAFV ESG 2006-07.doc 10/10/20061:28 PM ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: I?. . r. TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director October 9, 2006 DEPARTMENT HEA CITY MANAGER SUBJECT: Bakersfield Municipal Airport Ground Leases (Ward 1): 1) Ground Lease Agreement with Richard Macias, Sr. for purposes of constructing an aircraft storage hangar for a monthly lease fee of $40. 2) Ground Lease Agreement with Harry Hackney for purposes of constructing an aircraft storage hangar for a monthly lease fee of $40 RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of ground leases which allowed for the construction of owner-hangars. Currently there are 18 such Ground Lease Agreements and constructed hangars. The term of this agreement is for a period of twenty years with the option of two five-year extensions. The approximate size of the aircraft storage hangar is 2,000 square feet. Each land lease agreement generates $40 per month in revenue. Bbu G:\GROUPDATlADMINRPT\2006\10-25\Ground Leases - Macias, Hackney.doc ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGEN~A SECTION: Consent Calendar ITEM: \l.$. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 3, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED " "'\ ,1'L SUBJECT: Amendment No. 1 to Agreement No. 06-051 with the State of California' ma ,mum annual reimbursement of $13,421.23) for maintenance of State Highway in the City of Bakersfield (Wards 1 and 2). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into a Delegated Maintenance Agreement (06-051) with the State of Califomia. The agreement provides for the City to perform maintenance functions, such as street sweeping and highway lighting facilities, on the State Highways within the City of Bakersfield's jurisdiction. Under the original agreement, the City was to perform 20 street sweeping cycles per year, with reimbursement from the State of $23,207.14. The City has reduced the sweeping cycles to 12 per year, which will reduce the reimbursement from the State. This amendment allows for the adjustment of the total reimbursement from the State from $23,207.14 for 20 sweeping cycles, to $13,421.23 for 12 sweeping cycles. October 9. 2006. 8:42AM G:\GROUPDAT\ADMINRPT\2006\1Q-25\Amendment 1 to State Cooperative Agreemenldoc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.+. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD #''6 CITY ATTORNEY k-,7~ rJ,-,e/J'J_S / CITY MANAGER October 12, 2006 SUBJECT: Reject all bids for the Fire Station No. 11 Roof Replacement. 0Nard 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were issued for roof replacement at Fire Station No. 11. Four (4) bids were received and all of the bids exceeded the amount budgeted for the work. Staff recommends rejection of the bids. Staff will amend the specifications and re-bid the project in an effort to obtain bids that are in line with the budget for this project. . Purchasing Division DW:ljm S:\PURCHIADMIN\Roof Replacement Fire Station No. 11, 06-07-35, October 25, 2007.doc October 12, 2006 ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: I~ .~. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED ~ DEPARTMENT HEAD ~\ CITY ATTORNE~, itA-- l<i.>- /2/11 S CITY MANAGER October 13, 2006 SUBJECT: Extend bid from Quinn Company in the amount of $208,217.30 for one (1) replacement articulated four-wheel drive loader for the Public Works Department Solid Waste Division. (City-wide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the Council meeting of March 8, 2006, Quinn Company was awarded the bid for the purchase of an articulated four-wheel drive loader. The bid specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Quinn Company has indicated their approval of extending the same per unit cost for this purchase. Purchasing Division DW S:\PURCHIADMIN\Articulated Four-Wheel Drive Loader, Bid Extension, 05-06-11, October 25, 2006.doc October 13, 2006 ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: I~.". TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED October 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER jlYl5 SUBJECT: Accept bid from Yale Industrial Trucks Central California in the amount of $ . ~,829.39 for additional forklifts for Public Works. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to four (4) suppliers for providing two (2) additional forklifts to be used by the Public Works Department General Services Division and the Fleet Services Division. Two (2) bids were received in response to solicitation and are as follows. BIDDER AMOUNT $74,729.39 Yale Industrial Trucks Central California Bakersfield, California San Joaquin Tractor Company Bakersfield, California $85,692.75 Staff finds the low bid to be acceptable and recommends award of the bid to Yale Industrial Trucks Central California, Bakersfield, California. Purchasing Division DW S:\PURCH\ADMIN\Forklifts, 06-07-38, October 25, 2006.doc October 12, 2006 ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \ 2. . vJ . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED October 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ( .J SUBJECT: Accept bid and award contract to RM Industries (not to exceed $80,000.00) f r the annual contract - janitorial and hardscape maintenance services for the Amtrak Station. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to approximatel y forty (40) cont ractors for the Annual Contract for Janitorial and Hardscape Maintenance Services for the Amtrak Station. Three (3) bids were received. Staff finds the low bid to be acceptable and recommends award of the contract to RM Industries Bakersfield, CA. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. BIDDER MONTHLY COST $5,760.00 RM Industries Bakersfield, California American Building Maintenance Bakersfield, California $6,920.00 Ingram's Janitorial Bakersfield, California $7,400.00 Purchasing Division OW S:\PURCH\ADMIN\AC Amtrak Station Janitorial and Hardscape Maintenance, 05-06-37, October 25, 2006.doc Created on 10/12/2006 8:37:00 AM ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: 1;1..0{., TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED October 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to United Pacific Services (not to exceed $250,000.00) for the annual contract - tree trimming. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to fifteen (15) contractors for the Annual Contract for Tree Trimming. Five (5) bids were received. Staff finds the low bid to be acceptable and recommends award of the contract to United Pacific Services, LaHabra, CA. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Work will be assigned on an as-needed basis by the Recreation and Parks Department Tree Division. Terms and conditions of the bid require the contractor to have an International Society of Arboriculture (ISA) certified arborist on staff who will act as an on-site supervisor throughout the work performed for the City under the Annual Contract. Spreadsheet attached Purchasing Division OW S:\PURCHIADMIN\AC Tree Trimming, 06-07-11, October 25, 2006.doc Created on 10/12/2006 10:04:00 AM ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: I~. \f , TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED October 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Jim Clawson Automotive Equipment in th $244,934.00 for two (2) 50,000 pound two-post lifts for the Fleet Services shop. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to six (6) suppliers for providing and installing three (3) 50,000 pound two-post lifts for the Fleet Services maintenance shop. Two bids were received in response to solicitation and are as follows. BIDDER AMOUNT $367,401.00 Jim Clawson Automotive Equipment Bakersfield Peterson Hydraulics Bakersfield $406,950.00 The low bid submitted by Jim Clawson Automotive Equipment is greater than the amount budgeted. Terms and conditions of the bid required the contractors to provide a unit price for each hoist as well as a total price. The City reserved the right to award a contract for a portion of the work if the bids submitted were higher than the budgeted amount. The unit price submitted by Jim Clawson Automotive Equipment for each hoist is $122,467.00 and sufficient funds are included in the FY 2006/2007 budget to purchase two (2) hoists rather than three (3) hoists as originally intended. Purchasing Division OW S:\PURCH\AOMIN\50,000 Ib Two-Post Lifts (2). 06-07-30, October 25. 2006.doc October 16. 2006 ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: \ J...~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 5, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,~PROVED ,)/ f \,--, , /Jjrb4 SUBJECT: Federal Supply Surplus Program: 1. Acceptance of 11 cab and chassis vans from General Services Administration/Federal Supply Surplus Program. 2. Appropriate $15,000 Equipment Management Fund balance to the Public Works Departments Operating budget to fund miscellaneous costs associated with acquisition of the 11 vans. RECOMMENDATION: Staff recommends acceptance of vans and approval of appropriation. BACKGROUND: The City of Bakersfield has been a participant of the General Services Administration, Federal Supply Surplus Program since 1997. The Fleet Services Division was contacted by the Surplus Property Officer of this program to inquire if the City of Bakersfield would be interested in acquiring 11 cab and chassis vans. Fleet Services staff met with various departments and found there was a need for these vans. The Solid Waste Division could use the vans for delivery of refuse cartsnd illegal dumpsite trucks. Recreation and Parks Department could use the vans for landscape maintenance trucks. Fleet Services Division could also use the vans as utility trucks. By accepting this equipment. the City's only obligation will be to pay services and handling fees of $9,000, and transportation fees of $5,500. SJ G:\GROUPDA T\ADMINRPT\2006\ 1 0-25\Admin. Report Accepting Surplus Equipment.doc ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: I~ .~Q... TO: APPROVED DEPARTMENT HEAD UI't-- CITY ATTORNEY/~ ~ Vc;... CITY MANAGER oz.)) SUBJECT: Gang Resistance Education and Training (G.RE.AT.) grant award from U.S. Department of Justice: Honorable Mayor and City Council FROM: W. R Rector, Chief of Police DATE: October 13, 2006 1. Appropriate $206,864.00 Federal Grant Revenues to the General Fund Police Operating Budget. 2. Authorize (1) Police Officer position 3. Authorize (1) Clerk Typist position RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The Bakersfield Police Department was awarded $206,864.00 from the U.S. Department of Justice, Gang Resistance Education and Training (G.RE.AT) program on 09/20/06. The G.RE.AT. program is a life-skills competency program designed to provide students with the skills they need to avoid gang pressure and youth violence. The goal of the G.RE.AT. program is to train law enforcement officers in a school-based curriculum in which the officers provide instruction to school-aged children in life skill competencies, gang awareness, and anti-violence techniques. The Bakersfield Police Department will use this grant award to provide the following: o One Additional Police Officer o One Additional Clerk Typist o Training in G.RE.AT. curriculum to the School Resource Officer Unit o Program equipment and supplies New Positions The School Resource Officer Program is expanding with the addition of the G.RE.AT. program and the increase in the student population. To support these increases we propose adding one (1) new Police Officer to the School Resource Officer Program, and one (1) Clerk Typist. The G.RE.A.T. grant will fund the salaries of both positions for one year. \\cltynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - 2006 GREAT GRANT. doc 10/13/2006 8:33 AM Page 1 of 2 ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ-.bh. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager APPROVED DEPARTMENT HEAD~ CITY ATTORNEY YO (.tJft$ October 13, 2006 CITY MANAGER SUBJECT: Appropriate $1,000,000 Additional Water Revenue to the Capital Improvement Budget within the Agriculture Water Fund toward construction of the Mill Creek Project <:Nard 2) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: A conceptual plan for a 1.5 mile linear park along the Kern Island Canal in downtown Bakersfield, known as the Mill Creek Project, was approved by the City Council in December 2003. Community recommendations for such improvements were generated during the Bakersfield 2020 process. Those ideas were further refined in City sponsored Design Charrettes, where community members recommended extending park improvements along the Kern Island Canal. The Mill Creek Linear Park Project would transform a 1.5 mile portion of the Kern Island Canal, from Golden State Avenue to California Avenue, into a "natural" creek with a walking path, public art, street furniture, lighting, decorative fencing, landscaping, creation of a pond in Central Park, and a new pedestrian plaza at 17th Street and "R" Street intersection. On April 26, 2006, the City entered into Agreement No. 06-112 with the engineering firm of Royston Hanamoto Alley & Abey (RHAA) to prepare preliminary design engineering, a construction Master Plan and a detailed cost estimate for improvements to a portion of the Kern Island Canal and other facilities for the Mill Creek Project. The preliminary engineering is approximately 50% complete and the next phase of the project will begin after Council approves the Master Plan Concept. This additional design consult work will include the preparation of bidding documents, services during bidding and services during construction. This appropriation will be utilized to fund improvements made to the canal and other water elements during the construction phase of the project. October 10, 2006, 10:56AMR - Water Resources C:\OOCUME-1\bzaragoz\LOCALS-1 \Temp\MiII Creek AdmConstruction.doc ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \ 1.tf1 . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, public Works Director October 6, 2006 APPROVED Ji/1 DEPARTMENT HEAD /{J' I ~ -- CITY ATTORNEY'l)o ~ CITY MANAGER SUBJECT: Appropriate $2,400 Transportation Development Act Article 3 Grant for bicycle storage lockers at the Ice Sports Center and McMurtrey Aquatic Center to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund (Ward 2). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Kern Council of Governments requested member organizations to submit grant applications for Transportation Development Act-Article 3, Bicycle and Pedestrian Facilities, in July 2006. Public Works submitted an application for bicycle storage lockers at Bakersfield Ice Sports and McMurtrey Aquatic Center. On September 22, 2006, the City was notified that the grant request was approved as follows: Furnish and install bicycle storage lockers at Bakersfield Ice Sports Center and McMurtrey Aquatic Center for use of employees in the amount of $2,400. Upon receipt of materials for this project, Kern COG will issue payment to the City of Bakersfield for the amount of the award. These storage lockers are anticipated to cost $2,800. This $2,400 grant and an additional $400 from the Public Works Operating Budget will provide funding necessary to purchase and install lockers for four bikes. Combined with the lockers purchased last year using this same grant, there will be a total of ten secure lockers for employee's bikes. PW/ENGRlwgm October 6. 2006, 11 :07AM G:\GROUPDAT\ADMINRPT\2006\10-25\TDA Article 3 Bicycle Storage Lockers.dot ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: C-on.seYLt-Co.JendtLv- ITEM: loJ . deL . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director OVED October 18, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Transfer $1,300,000 from several budgeted Capital Improvement Projects an appropriate same amount to the Public Works Capital Improvement Budget for acquisition of property for the Westside Parkway within the Transportation Development Fund (Ward 2). RECOMMENDATION: Staff recommends approval of transfer and appropriation. BACKGROUND: The City has been utilizing $19.2 million of State Transportation Improvement Program (STIP) funding over the past several years to purchase right of way for the Westside Parkway. These STIP funds are a combination of federal and state gas tax dollars that are allocated to the Kern County region by the California Transportation Commission (CTC) through KernCOG. The CTC places time limits on the expenditure of these funds. The City has spent $17.4 million of these funds to date, but must spend the remaining $1.8 million by October 31st or these remaining funds will lapse and no longer be available to use. There is another $6.7 million of STI P funds that will become available for right of way as soon as the final environmental document for the Wests ide Parkway is certified by the Federal Highways Administration (FHWA), but certification of the document is not anticipated to occur until late this year. At the September 27'h City Council meeting, the Council approved a Resolution of Necessity for the acquisition of property for the Westside Parkway project by eminent domain from the Flying J Refinery. Based on the City's appraisal, total acquisition costs, plus other associated incidental costs will amount to approximately $3.1 Million. Purchase of the Flying J Oil Refinery Property will allow the City to retain the use of the $1.8 Million of STIP funds, but another $1.3 million is needed for the $3.1 million acquisition cost. Therefore, staff is recommending the transfer of $1.3 million from budgeted CIP projects within the Transportation Development Fund. Of that amount, $1,175,000 will come from a combination of savings on projects and from projects now included in the Thomas Roads Improvement Program that will not be spent this fiscal year. The remainder ($125,000) will come from deferring the Street Improvement - Calloway & Norris CIP project. With the funding remaining for this project, staff will still be able to do design work. Construction costs will be rebudgeted in a future year. October 19, 2006, 7:30AM G:\GROUPDAT\ADMINRPT\2006\10-25\Westside Parkway $ transfer admin.doc ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Consent Calendar ITEM: \ d,.. tt. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED October 11, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Dedication of freeway right of way to Caltrans at Ashe Road and Taft Highway. (Ward 6) RECOMMENDATION: Staff recommends approval of dedication of right of way. BACKGROUND: Caltrans is proposing to construct a traffic signal on State Route 119 (Taft Highway) at Ashe Road. The City has req uested that the signal be constructed at the ultimate right of way limits to facilitate the development of the adjoining properties. Caltrans has agreed to the City's request if the City will dedicate the necessary right of way. Attached is a grant deed which dedicates the necessary right of way to Caltrans. October 11. 2006, 11 :23AM P:\MyFiles\Aclmin Reports\Caltrans row. doc DMAls ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Hearings ITEM: \ ~ . ().. . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 8, 2006 Ap,-PROVED 'l DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER .' ,l... '--' SUBJECT: Public Hearing to consider Resolution ordering the vacation of portions . f ens Street, East 19th Street, and the Alley, located at the Northwest comer of East Truxtun Avenue and Gage Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from Ben Dominguez, president of Oasis Air Conditioning, to vacate portions of Owens Street, East 19th Street, and the Alley, located at the Northwest comer of East Truxtun Avenue and Gage Street. Both East 19th Street and Owens Street would remain intact and accessible with the exception of gates at both ends of East 19th Street. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. PG&E requests the City to reserve an easement for their facilities within the vacation area. Preliminary notices were also mailed to all adjacent property owners within a 30Q-foot radius of the proposed vacating area. Dean Gardner, president of Gentrex-Nevada, Inc., supports said proposal. Public Works has not received any objections from these owners as of the date of this report. In accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Govemment Code 65402 by the Planning Director on September 27,2006. It was determined that this action is exempt from the requirements of the Califomia Environmental Quality Act pursuant to Section 15061 (b)(3) of CECA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1486 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of September 27,2006. Notice of this public hearing has been duly advertised and posted as required by law. October 12, 2006. 11 :42AM G:\GROUPDAT\ADMINRPT\2006\1Q-25\ROI1486 admin-final ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Hearing ITEM: \~.h. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director October 13, 2006 APPROVED DEPARTMENT HEAD ~ - CITY ATTORNEY 7lD V h CITY MANAGER ,. SUBJECT: Public Hearing to consider resolution approving an amendment to the Specific arks and Trails Plan for Northeast Bakersfield to add the Rio Bravo #3 annexation area into the plan. (Applicant: San Joaquin Engineering) (Ward 3). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: As a requirement of the Rio Bravo #3 General Plan Amendment/Zone Change (#04-0853) approvals by City Council in August 2005, the Rio Bravo #3 project area is required to be added to the Specific Parks and Trails Plan for Northeast Bakersfield (SP). The Rio Bravo #3 area is generally located south of the Rio Bravo Country Club development, and on both sides of Miramonte Drive (extended); On August 3, 2006, the Planning Commission held a public hearing and recommended approval of the request (File No.06-0286). No one spoke at the hearing. The request to include the Rio Bravo #3 development area into the "Specific Parks and Trails Plan for Northeast Bakersfield" identifies public park locations, trail locations, and types of trails in the Rio Bravo #3 area. Two public parks are depicted in the amendment. They are: Park #1: 2-net acre View Park located on a high knoll in the northeast portion of the development. Public access is provided from the extension of Chase Avenue and then north on local residential streets. A foot trail connects from the south and west sides. Park #2: 6-net acre Park located on the south side of Chase Ave, approximately % mile southeast . of the Miramonte and Chase intersection. Public streets and trail connections are proposed to access the park. Trails are proposed along Miramonte Drive; Chase Avenue; from the 6-acre park, west to the west boundary of the Rio Bravo #3, looping north to Chase Avenue; from Chase Ave. east along Breckenridge Road, then north along the east boundary of the Rio Bravo #3 area to the View Park. Staff recommends approval of the amendment to add the Rio Bravo #3 area to the Specific Parks and Trails Plan For Northeast Bakersfield as shown in the attached exhibits. ADMINISTRATIVE REPORT Page 2 Pursuant to the California Environmental Quality Act (CECA) an initial study was prepared for the original project of the subject property and an Environmental Impact Report was certified on August 17, 2005 for related Rio Bravo #3 Annexation EIR. In accordance with CEOA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Hearings ITEM: 1'1. (). . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney October 18, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity to consider the acquisition by eminent domain of property owned by B H Investments, Inc., located at 2144 Parker Lane, for the Westside Parkway. RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain property owned by B H Investments, Inc., located at 2144 Parker Lane. The City of Bakersfield is authorized to acquire property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. BACKGROUND: Before initiating a proceeding in eminent domain, the law requires that the City Council give notice to all owners of the affected property and conduct a hearing to consider: 1 . Whether the public interest and necessity require the project; 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property sought to be acquired is necessary for the project; and 4. Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of the subject property. If, at the conclusion of the hearing, the City Council is persuaded that the requisite findings can be made, the Council may adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a quorum of the members present). It the City Council adopts the Resolution of Necessity, the City Attorney will direct filing a proceeding in eminent domain in the Kern County Superior Court. Questions of valuation will be addressed in court if a negotiated sale and purchase cannot be consummated. On October 10, 2006, a notice was sent to B H Investments, Inc., the owner of record, notifying it that a hearing is scheduled for October 25, 2006, before the City Council to consider the adoption of a Resolution of Necessity determining these issues. 840759.1 11282.020 ADMINISTRATIVE REPORT ANALYSIS 1. The public Interest and necessity require the proposed project. The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF railroad bridge and ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the parkway. The Project will also include construction of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways, the major east-west arteries west of Highway 99. The Wests ide Parkway Project will expand traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement / Environmental Impact Report (''Tier 1 EIRlEIS"), which the City Council approved on June 12, 2002. Additional information about the Project is contained in the draft Tier 2 Environmental Assessment / Draft Environmental Impact Report for the Westside Parkway Project, which has been approved by the Federal Highway Administration, Caltrans, and the city's Director of Public Works ('Iier 2 EIS/EIR"). Both the Tier 1 EIRlEIS and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program, 1600 Truxtun Avenue, Suite 300. 2. The proposed project Is planned and located In the manner that will be most compatible with the greatest public good and least private injury. The expanded capacity and improvement in traffic circulation that will result from the Project will alleviate the congestion and eliminate the limited routing that presently inhibits east- west travel between northwest Bakersfield and downtown and north-south travel from California Avenue to Rosedale Highway. By locating the parkway adjacent to the river and the Cross Valley Canal, the amount of property required for the Project, the impacts on existing land uses in the area, and the cost of acquisition will be kept to a minimum. The subject property consists of two small portions of APN 332-260-03 totaling approximately 1.31 acres. The first take area is a small irregularly shaped strip along the northern part of the property's existing frontage on Mohawk Street that will be used to widen Mohawk and construct a new intersection providing access into the BH property. The new access intersection will be necessary because the existing stretch of Mohawk south of that intersection will be lowered below grade, which will cut off street access to the southern portion of the BH property. The second take area is an irregularly shaped strip along the property's southern boundary that will be used to relocate the existing BN&SF railroad tracks to align them with the railroad over crossing that will be built over Mohawk. 3. The property sought to be acquired is necessary for the project. As discussed above, the subject property will be used to widen Mohawk, construct a new intersection providing access into the BH property, and relocate the adjacent railroad tracks to accommodate the new grade separation. The relocation of the railroad tracks is necessary to avoid closing the rail line for several months during construction. City of Bakersfield Agreement 03- 066 memorialized BN&SF's agreement to exchange property pursuant to Code of Civil Procedure section 1240.320 and relocate its tracks to accommodate the Project. 4. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. The original offer of $79,250 was mailed to the owner August 5, 2005. Negotiations have continued off and on since that time. An updated offer of $141,000 was provided to the owner on August 8, 2006. On September 27, the owner responded with a demand for $264,674 based on an "estimate of value" from an appraiser. During subsequent negotiations, the City offered a compromise value of $205,587, which was rejected. Due to time constraints on the project, it is necessary to begin the condemnation process without further delay. However, negotiations will continue. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain property owned by B H Investments, Inc., located at 2144 Parker Lane. A proposed Resolution of Necessity is attached to this report and includes legal descriptions and plat maps of the property to be acquired. 840759.1 11282.020 ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 Consent Hearing Calendar TO: FROM: DATE: Honorable Mayor and City Council W. R. Rector, Chief of Police APPROVED DEPARTMENT HEAD ~?L /i7t- J;tJ CITY ATTORNEY v( CITY MANAGER October 17, 2006 SUBJECT: Public Hearing to consider the proposed expenditure plan for the Supplemental Law Enforcement Services Funding (S.L.E.S.F.) grant. 1. Appropriate $606,924.00 State Grant revenues to the Police Operating Budget within the S.L.E.S.F. Fund. RECOMMENDATION: Staff recommends approval of the proposed expenditures and appropriations. BACKGROUND: Since the passage of Assembly Bill (AB3229) Citizen's Option for Public Safety in FY1996-97, the City of Bakersfield Police Department has received an annual sum from the State's Supplemental Law Enforcement Services Fund (S.L.E.S.F.). The program was designed to provide State funds to local law enforcement agencies for the purpose of addressing current front line law enforcement needs. For each year the City receives monies from the S.L.E.S.F., the Chief of Police must submit written requests to the City Council specifying the front line law enforcement needs and those personnel, equipment and programs that are necessary to meet those needs; and the City must conduct a public hearing to consider the requests. This year the City is eligible to receive $606,924.00 Per CA Government Code 30062, "moneys allocated from a Supplemental Law Enforcement Services Fund (SLESF) to a recipient entity shall be expended exclusively to provide front line law enforcement services. These moneys shall supplement existing services, and shall not be used to supplant any existing funding for law enforcement services provided by that entity." The $35,000 earmarked for Park Security re-establishes the Park Patrol that was utilized in 1999-2001, but under a different model. This model will utilize Level II (two) Reserve Police Officers and adult Police Explorers to act as "eyes and ears" and to provide assistance to citizens at local parks. Their role will be as civilians only, and they will not be armed. They will have telephone and police radios available to contact sworn on-duty Police personnel if necessary. This concept was heard by the Safe Neighborhoods and Community Relations Committee on 10/12/06, and was endorsed unanimously by the council members and civilian members of that committee. \\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07\ADMIN RPT - 2006 SLESF HEARING.doc 10/17/20068:06 AM Page 1 of 2 ADMINISTRATIVE REPORT Page 2 The Chief of Police hereby requests approval of the following budget* for 2006 SLESF moneys: . Video and Other Technology Equipment . Video Equipment for Park Security . Versaterm - CAD/RMS Upgrade . S.W.A.T. Vests . Contract Background Checks . Contract Transcribing . Park Security . Temporary Bomb Storage Facility . Patrol Vehicle Security Systems . Police Interns $100,000 $140,000 $ 40,000 $ 50,000 $100,000 $ 40,000 $ 35,000 $ 30,000 $ 12,000 $ 59.924 Total $606.924 * The dollar amounts in the proposed budget above are estimates. Per CA Government Code 30061(e), any S.L.E.S.F. moneys received in 2006 must be expended or encumbered no later than June 30,2008. "Any local agency that has not met this requirement shall remit unspent SLESF moneys to the Controller for deposit into the General Fund." If department needs change or the amounts spent differ from those proposed, the Police Department will expend or encumber the differences in accordance with the guidelines governing SLESF moneys (CA Government Code 30061-30065). \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - 2006 SLESF HEARING.doc 10/17/20068:06 AM ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Reports ITEM: 15. 0.. . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director October 6, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED I / / ,I. ' 'L. I / V~ SUBJECT: Reports from Pacific Gas & Electric Company: 1. Report on SmartMeter Communication Equipment and Agreement with Pacific Gas & Electric Company for the purposes of allowing the attachment of SmartMeter communication equipment to City-owned street light poles at various locations in the city (Various Wards). 2. Report on Sale of Kern Power Plant (Ward 4). RECOMMENDATION: Budget and Finance Committee recommends approval of agreement for SmartMeter Communication Equipment. BACKGROUND: Councilmember Couch requested that representatives from PG&E provide a report to the City Council on the SmartMeter Program and the sale of the Kern Power Plant. SmartMeter Communication Eauioment: On October 2, 2006, the Budget and Finance Committee discussed the agreement with PG&E for SmartMeter communication equipment. The Committee recommends that the Council approve this agreement. Representatives from PG&E will give a brief overview of the new SmartMeter Program. PG&E approached the City of Bakersfield with a proposal to install communication equipment used for the operation and maintenance of PG&E's SmartMeter gas network onto existing City-owned street light poles. This equipment consists of telecommunications equipment including, but not limited to: a data collector unit, whip antenna, coaxial cable and a photovoltaic adaptor. This Agreement grants to PG&E a non-exclusive, revocable license to attach the aforementioned equipment to street light poles subject to all requirements of the Bakersfield Municipal Code and Federal Law. The Agreement will remain in effect for an initial period of 20 years and may be extended for successive one-year periods. For each streetlight pole to which it attaches its equipment, PG&E will pay the City $36 per year. Sale of Kern Power Plant: Representatives from PG&E will give an overview of the current status of the sale of the Kern Power Plant on Rosedale Highway. October 17, 2006, 9:31AM G:\GROUPDA T\ADMINRPT\2006\10-25\PG&E Smartmeter Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager October 5, 2006 AGENDA SECTION: Reports ITEM: \~.b. DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Report regarding Space Needs in the City APPROVED RECOMMENDATION: Staff recommends referral to the Planning and Development Committee BACKGROUND: City Manager, Alan Tandy, will provide a report on the space needs in the City. October 18,2006, 11:36AM S:\Admln Rpts\2006\Space Needs. Report -102506.dot AT:al ADMINISTRATIVE REPORT MEETING DATE: October 25,2006 AGENDA SECTION: Reports ITEM: /5. C. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager October 19, 2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Report on the General Services Administration (GSA) Response to th Ci Redevelopment Agency Letter regarding a Federal Courthouse in Downtown RECOMMENDATION: BACKGROUND: At the regular meeting of September 13, 2006, the City Council approved sending a letter to the General Services Administration detailing what the City and Agency were willing to do to attract a Federal Courthouse to downtown Bakersfield. The Redevelopment Agency approved the same letter at a meeting that took place on September 11, 2006. A copy of that letter to GSA is attached. GSA responded to the Council/Agency by letter dated October 17, 2006 and received by the City Manager on October 18, 2006. A copy of the GSA letter is also attached. The normal deadline for agenda topics was five days before the date the GSA letter was received, so there has been no time to do the staff work necessary for full deliberation of this issue. Since the GSA, however, has asked for a response by November 17, 2006, and there is only one other Council meeting before that date, the item appears for an overview of the GSA response and preliminary discussion only. October 19, 2006, 2:09PM S:\Admln Rpts\2006\GSA Response Report 102506.dot AT:al ADMINISTRATIVE REPORT MEETING DATE: October 25, 2006 AGENDA SECTION: Deferred Business ITEM: Itt. a. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD October 16,2006 CITY ATTORNEY CITY MANAGER SUBJECT: First Reading of an ordinance approving a Negative Declaration and amendi Zoning Ordinance, Chapter 17.66, HD, Hillside Development Combining Zone, Title Seventeen of the Bakersfield Municipal Code. ~ard 3) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On October 11, 2006, City Council considered first reading of an ordinance which would amend the existing regulations governing hillside development. After the extended public hearing was closed, Councilmember Maggard made a motion proposing changes to staff's ordinance. Staff has attached maps that diagram the difference between the proposed ordinance recommended by Staff and changes recommended by Councilmember Maggard. First reading of the ordinance was continued, by majority vote, to this meeting. For Council's review, the Administrative Report for the October 11, 2006 Council meeting is attached, along with the back-up material presented at said meeting. As further supplement, Staff has attached the following exhibits: A) DKS Property - Visual Resource/Slope Protection Designations in Proposed Ordinance. B) DKS Property - Visual Resource/Slope Protection Designations Applicable in Motion Made by Councilmember Maggard. (Alternate motion). C) Negative Declaration. In addition, Staff has the following comments in response to some of the testimony made during the public hearing on October 11, 2006. First, an impression was left that Staff did not meet with property owners and interested parties affected by the ordinance. This is not true. Fifty-three (53) days prior to the July 6th Planning Commission meeting, Staff sent out 890 notices to property owners in and around the area thought to be impacted ADMINISTRATIVE REPORT by the proposed ordinance. Several owners and individuals asked for meetings with Staff. Below is a list of people that Staff met with, the number of meetings held with each, and whether or not they would be affected by the Visual Resource and Slope Protection portions of the ordinance: Nickel Family (3 meetings) - property is affected Phil Gaskil (2 meetings) - property is affected Sand S Homes (3 meetings) - property is affected McMillin Homes (1 meeting) - property is affected Keith and Mack Buyers (2 meetings) - property is affected Ed Coyn's Engineer (1 meeting) property is not affected BIA (2 meetings) President and representative from local CELSOC (Consulting Engineers and Land Surveys of California) organization (2 meetings) Second, an allegation was made that some individuals would lose all their property under the proposed ordinance. This is a false statement. The property owner most impacted is the 40 acre DKS (Downs') property. Again, this is property within The Canyons project area. In other words, the DKS property does not have a separate project before the City. Nevertheless, the compromise motion made by Councilmember Maggard significantly reduces the impact of the ordinance on the DKS property. A comment was also made that all of the property owners within The Canyons project would lose all of their money spent on The Canyons project and associated studies. This too is false. The studies are still applicable whether or not the Hillside Ordinance is passed. Finally, the testimony and slides presented, show that the vast majority of the proposed Canyons project is not impacted by the Visual Resource Designations and the Slope Protection areas. However, if the proposed Hillside Ordinance is not approved, The Canyons and every other project in the impacted area could amend or submit plans with houses being built on the faces of the bluffs and slopes over 15%. In all, seven people spoke in opposition to the ordinance and twelve spoke in favor. The compromise motion by Councilmember Maggard proposes that the OKS property be excluded from the Visual Resource Designation entirely. In addition, the Slope Protection Designation would substantially shrink so that only 300-350 feet of the property adjacent to Morning Drive would be impacted. The specific motion by Councilmember Maggard, which remains before the City Council for consideration, Is as follows: Motion to approve the ordinance for first reading as It is presented and has been posted with the provision to exclude from Exhibit B-1, the Visual Resource Designations for the area south of what Is commonly known as Sand Canyon to the south boundary of the OKS property on the west side of Morning Drive, and for this same area, reduce the coverage of the Slope Protection area to only apply to the area approximately 300-350 feet west of the centerline of Morning Drive as diagramed by Mr. Grady. The maps attached to this Administrative Report demonstrate the difference between Councilman Maggard's motion and the proposed ordinance. If the motion by Councilmember Maggard is approved, the maps attached to the ordinance will be amended to reflect this change and the ordinance will be brought back for second reading at City Council's November 15, 2006 regularly scheduled meeting. JM/dlc SPECIAL MEETING 1. FLAG SALUTE 2. ROLL CALL MINUTES OF THE JOINT MEETING OF SEPTEMBER 18, 2006 BAKERSFIELD CITY COUNCIL AND KERN COUNTY BOARD OF SUPERVISORS County Host Board of Supervisors Chambers 1115Truxtun Avenue Special Meeting - 5:30 p.m. ACTION TAKEN Bakersfield City Council Present: Absent: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (5:35 p.m.), Scrivner None. Kern County Board of Supervisors Present: Absent: Supervisors McQuiston (5:35 p.m.), Maben, Patrick, Watson, Rubio (7:10 p.m.) None. 3. OPENING REMARKS BY CHAIRMAN BARBARA PATRICK 4. OPENING REMARKS BY MAYOR HARVEY L. HALL 5. PUBLIC STATEMENTS None. Bakersfield, California, September 18, 2006 - Page 2 6. BUSINESS ITEMS ACTION TAKEN A. Status Report on Metropolitan Bakersfield Solid Waste Transfer Station Siting. (Joint Agenda Item) - Hear City Staff Presentation by Solid Waste Director Kevin Barnes and County Staff Presentation by Waste Management Director Daphne Harley. Councilmember Benham requested the City Budget and Finance Committee revisit the analysis of the level of service and encouraged both City and County staff to pursue the pilot program using the dual compartment approach. Vice-Mayor Maggard requested staff explore a constituent's email suggestions and provided correspondence. Jim Baldwin, President, Bakersfield Association of Retarded Citizens (BARC), and Joe Jordan, Field Representative, Sierra Recycling Center, spoke. B. Adoption of Updated General Plan Review Process. (Joint Agenda Item) - Heard City Staff Presentation by Development Services Director Stan Grady and County Staff Presentation by Planning Director Ted James. Motion by Supervisor Watson, seconded by Maben, to direct respective staffs to circulate the request for proposal document and pursue the Metropolitan Bakersfield General Plan Update Program as presented. APPROVED AB RUBIO C. Update on Local Safe Roads Ballot Measure. (Joint Agenda Item) - Hear City Staff Presentation by Public Works Director Raul Rojas and County Staff Presentation by Resource Management Agency Director Dave Price. Arthur Bassett, Ernest Norris and Minister Wesley Crawford spoke. Bakersfield, California, September 18, 2006 - Page 3 6. BUSINESS ITEMS continued ACTION TAKEN D. Report regarding South Beltway Alignment (Joint Agenda Item) - Hear City Staff Presentation by Public Works Director Raul Rojas and County Staff Presentation by Planning Director Ted James and Roads Director Craig Pope. Supervisor Rubio arrived at 7:10 p.m. E. Report on Transportation Planning (City Agenda Item) - Hear Presentation by City Councilmember David Couch. City and County staffs were directed to develop potential solutions for consideration by each legislative body before the next joint meeting. F. Report on Relocation of Fire Station 65 (City Agenda Item) - Hear City Staff Presentation by City Manager Alan Tandy. Councilmember Couch and Supervisor Patrick requested staff present a recommendation before the end of the year regarding the relocation. Vice-Mayor Maggard requested City and County legal counsels review the JPA language and resolve any differences. G. Report on Regulating Body Art Shops (County Agenda Item) - Hear County. Councilmember Couch left the meeting at 7:30 p.m. Vice-Mayor Maggard requested City staff meet with Environmental Health Services to determine if a City Ordinance would be appropriate. Bakersfield, California, September 18, 2006 - Page 4 6. BUSINESS ITEMS continued H. Proposed Formation of a Joint City/County Standing Committee to Combat Gang Violence (Joint Agenda Item) - Hear City Staff Presentation by Police Chief Bill Rector. Council member Carson provided a report on behalf of the Citizen's Committee on Gang Violence. Jonathan Webster, David Goh, Sr., Pastor, Bakersfield Community Church, Isaiah Crompton, Kelvin McGee, Co- Pastor, Saints Memorial Church, Wesley Crawford, Minister People's Missionary Baptist Church, Kevin Ramey, South Side Seventh Day Adventist Church, Pastor Jehosophate Jordan, Christ First Ministry and Chairperson for "Stop the Violence", Steve Reginni, Victory Outreach and Kern County Sheriff Mack Wimbish spoke regarding gang violence. Motion by Supervisor Rubio to approve the formation of the Joint City/County Standing Committee to Combat Gang Violence. I. Joint Animal Spay/Neuter Program (County Agenda Item) - Hear County Staff Presentation by Resource Management Agency Director Dave Price. Marilyn Stewart, Alpha Canine Sanctuary; Shelley Mulholland, Taxpayers for Responsible and Ethical Animal Treatment (TREAT); Susan Bennett, Spay and Neuter Director, Kern Humane Society; and Florence Dunagan spoke regarding spay/neutering. J. Final Report of Metropolitan Bakersfield PM 10 Working Group to San Joaquin Valley Air Pollution Control District Attainment of a One- Ton per Day Reduction in PM 10 in the Metropolitan Area. Motion by Supervisor McQuiston to approve submittal of final Report to the San Joaquin Valley Air Pollution Control District for transmission to the Air Resources Soard and Environmental Protection Agency, documenting efforts to meet the requirements for the State Implementation Plan. ACTION TAKEN APPROVED AS COUCH APPROVED AS COUCH Bakersfield, California, September 18, 2006 - Page 5 6. BUSINESS ITEMS continued K. Proposed 2007 Schedule for Joint Meetings. Motion by Supervisor Maben to approve dates of February 26 and September 24, 2007 for Joint City/County meetings next year. 7. CLOSING COMMENTS BY BOARD MEMBERS AND CITY COUNCILMEMBERS 9. CLOSING COMMENTS BY CHAIRMAN BARBARA PATRICK 10. ADJOURNMENT Chairman Patrick adjourned the meeting at 9:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN APPROVED AS COUCH Bakersfield, California, September 18, 2006 - Page 6 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 11, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:21 p.m.), Scrivner Absent: None. Motion by Vice-Mayor Maggard to add items 12. V., Emergency Asbestos Abatement in City Hall and 12.w., Emergency Sewer Repairs on Allen Rd. Between Stockdale Hwy. and Brimhall Rd., to the agenda, items that arose after the agenda was posted, and which require immediate action. APPROVED 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 regarding John M. Tarabino, et al v. City. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:20 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:08 p.m. APPROVED Bakersfield, California, October 11, 2006 - Page 2 ACTION TAKEN RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Nolberto Gomez, Victory Outreach. 7. PLEDGE OF ALLEGIANCE by Elijah Reza, 3rd Grade Student at Bessie Owens Primary School. Mayor Hall recognized high school and college students in attendance at the meeting, particularly students from the Transitional Independent Living Program at Taft College. 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 regarding John M. Tarabino, et al v. City. NO REPORTABLE ACTION b. NO REPORTABLE 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". Ken Markovitz accepted the Proclamation and made comments. Bakersfield, California, October 11, 2006 - Page 3 9. PRESENTATIONS continued ACTION TAKEN 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". Penny Burciaga accepted the Proclamation and made comments. Children from the After School Club at Jefferson Elementary School were present. 10. PUBLIC STATEMENTS a. Nick Douglas spoke regarding employment of people with disabilities. b. David Price, Chairman, Board of Directors of the Kern County Employees Credit Union, made a presentation to the Police Department. Assistant Police Chief Bryan Lynn made comments and accepted the presentation on behalf of the Police Department. c. Fire Chief Fraze made a presentation to Brent Burton honoring his nineteen and a half years service in the Bakersfield Fire Department Reserve Program. Brent Burton accepted the presentation and made comments. 11. APPOINTMENTS None. 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. 12. Bakersfield, California, October 11, 2006 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance amending Subsection B of Section 13.12.030 of the Municipal Code relating to Standard Design Manuals. FR d. First Reading of Ordinance repealing Section 15.64.380 of the Municipal Code relating to Fire Department members assuming duties of peace officers. FR e. 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 ft/dwelling 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) ORD 4385 FR f. FR g. h. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map NO.1 02-32) 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, 1f4 mile west of Coffee Road. (ZC 06-0737) (Applicant: Porter- Robertson Engineering & Surveying/Property Owner: JP/CP Development) ORD 4386 12. Bakersfield, California, October 11, 2006 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Resolutions: i. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentation for January through December 2007. 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. 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. 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. RES 049-06(6) REMOVED FOR SEPARA TE CONSIDERA TION j. RES 264-06 k. RES 265-06 I. RES 078-06(3) m. Agreements: n. 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. AGR 06-305 AGR 06-304 o. Bakersfield, California, October 11, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN p. 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. AGR 06-306 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 1. Amendment NO.1 to Agreement No. 05-414 with Blue Cross of California for indemnity health and dental services. Amendment NO.1 to Agreement No. 05-415 with Blue Cross/California Care Health Plans for medical services for employees and retirees. AGR 05-414(1) 2. AGR 05-415(1) 3. Amendment No. 1 to Agreement No. 05-416 with Blue Cross of California for Medicare Risk Plan Senior Secure. AGR 05-416(1) 4. Amendment NO.1 to Agreement No. 05-417 with Kaiser Permanente - Managed Care Health Plans for medical services for employees. Amendment NO.1 to Agreement No. 05-418 with Kaiser Permanente - Managed Care Health Plans for medical service for retirees (including Medicare Risk Plan. AGR 05-418(1) AGR 05-417(1) 5. 6. Amendment No. 1 to Agreement No. 05-419 with Medical Eye Services (MES) for vision services. AGR 05-419(1) 7. Amendment NO.1 to Agreement No. 05-420 with Pacific Union Dental for pre-paid dental services. AGR 05-420(1) 8. Amendment NO.1 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for pre-paid dental services. AGR 05-421(1) Bakersfield, California, October 11, 2006 - Page 7 12. CONSENT CALENDAR continued Item 12.q. continued ACTION TAKEN 9. Amendment NO.1 to Agreement No. 05-422 with PacifiCare Behavioral Health of California for Employee Assistance Program (EAP). AGR 05-422(1) 10. Amendment No. 1 to Agreement No. 05-423 with PacifiCare Behavioral Health of California for emotional health care services. AGR 05-423 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 AGR 04-097(3)/RA04- 005 s. AGR 06-184 CC01 Bids: t. 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: 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. Bakersfield, California, October 11, 2006 - Page 8 ACTION TAKEN 12. CONSENT CALENDAR continued v. Emergency Asbestos Abatements at City Hall: RES 266-06 1. Resolution dispensing with bidding procedures due to emergency asbestos abatement in the ventilation system at City Hall (initial estimate - not to exceed $175,000) due to imminent threat to public health, safety and welfare. 2. Appropriate and transfer $175,000 General Fund Balance to the General Services Capital Improvement Budget within the Capital Outlay Fund. 3. Agreement with McKenny's Air Conditioning, Inc. (not to exceed $70,000) to fabricate and install HVAC duct work. AGR 06-308 4. Agreement with A.S.I., Inc. (not to exceed $50,000) to abate the asbestos contamination. AGR 06-309 w. Emergency sewer reqairs on Allen Road between Stockdale Highway and Brimhall Road: 1. Resolution dispensing with bidding procedures for the repair of the sewer main on Allen Road between Stockdale Highway and Brimhall Road (initial estimate-not to exceed $550,000) due to imminent threat to public health, safety and welfare. RES 267-06 2. Appropriate $550,000 Sewer Enterprise Fund Balance to the Capital Improvement Budget within the Wastewater Treatment Plant NO.3 Fund. Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.u., with the addition of items 12.v. and 12.w., and the removal of item 12.i for separate consideration. APPROVED Bakersfield, California, October 11, 2006 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN i. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentation for January through December 2007. RES 263-06 City Clerk McCarthy announced there is a correction to the Joint City/County Meeting date scheduled in March and the calendar should reflect the date for the meeting is March 19th. Motion by Councilmember Hanson to amend the 2007 Council Meeting Calendar to schedule one meeting in January, on the seventeenth, and move the first meeting in February to the seventh. 13. CONSENT CALENDAR HEARINGS APPROVED None. 14. HEARINGS a. 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. Development Services Director Kunz made staff comments. Hearing opened at 7:07 p.m. No one spoke. Hearing closed at 7:07 p.m. Motion by Councilmember Carson to approve the Resolution and the Disposition and Development Agreement. APPROVED Bakersfield, California, October 11, 2006 - Page 10 ACTION TAKEN 13. HEARINGS continued 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. WITHDRAWN City Clerk McCarthy announced correspondence was received at 4:45 p.m. from the appellant withdrawing the appeal. However, due to noticing requirements the hearing will be opened. Hearing opened at 7:09 p.m. James Lundy, applicant for EI Toro Viejo, requested the appeal be withdrawn. Hearing closed at 7:10 p.m. 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. CONTINUED TO 11/15/06 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.1 04-32 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. City Clerk McCarthy announced correspondence was received from James B. Wiens, Clifford & Brown, on behalf of the appellants, requesting this item be continued to the November 15, 2006 City Council Meeting. However, due to noticing requirements the hearing will be opened. Bakersfield, California, October 11,2006 - Page 11 12. HEARINGS continued Item 13.c. continued ACTION TAKEN Hearing opened at 7:11 p.m. No one spoke. Motion by Vice-Mayor Maggard to continue the hearing to the November 15th Council Meeting. APPROVED Recess taken from 7:13 p.m. to 7:23 p.m. 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. City Clerk McCarthy announced correspondence was received from staff with additional backup for this item. Additionally correspondence was received from Michael A. Kaia, Young Wooldridge, on behalf of DKS Investments, John and Joseph Tarabino, The Canyons and General Holdings, regarding this item. Citizen correspondence was received with twenty-one items supporting the Ordinance and one item in opposition to the Ordinance. Development Services Director Grady, Planning Director Movius, Building Director Burns, and Fire Chief Fraze made staff comments and gave computer presentations and provided written material. Motion by Vice-Mayor Maggard to extend the time periods for receiving testimony to thirty minutes per side and to extend the rebuttal periods to ten minutes per side. APPROVED Hearing opened at 7:59 p.m. Debbie Moreno, Greater Bakersfield Chamber of Commerce, Dave Cross, Scott Howry, on behalf of DKS Investments, gave a computer presentation, Dean Alexander, Clay Maynard, Gordon Downs and Mike Turnipseed, on behalf of the Kern County Taxpayers Association, spoke in opposition to the amending the Ordinance. Bakersfield, California, October 11, 2006 - Page 12 12. HEARINGS continued Item 13.d. continued ACTION TAKEN Chad Louie, Steve Montgomery on behalf of the Sierra Club, Craig Smith and Michelle Beck, Bakersfield Bluffs and Open Space Committee, Will Wynn, Jennifer Clifford on behalf of Adavco, Danny Brown, President of the Firefighters Legislative Action Group, Chuck White, President of Kern Valley Revitalization, Dan Brown, Greg Iger and Rich O'Neil spoke in favor of the staff recommendation. Dave Cross, Scott Howery, Dean Alexander and Clay Maynard spoke in opposition rebuttal to the staff recommendation. Greg Iger, Robert Wallace, Steve Montgomery, Craig Smith and Rich O'Neil spoke in rebuttal support to the staff recommendation. Hearing closed at 9:15 p.m. For the record, Vice-Mayor Maggard requested City Attorney Gennaro state an opinion regarding the legality of adopting legislation protecting views and esthetic properties. City Attorney Gennaro affirmed judicial findings support protection of views and esthetics, in addition to public health, safety and welfare. Motion by Vice-Mayor Maggard to approve the Ordinance for first reading as presented with the provision to exclude from Exhibit 81 the Visual Resource Designations for the area south of what is commonly known as Sand Canyon, to the south boundary of the DKS property on the west side of Morning Drive and for the same area reduce the coverage of the slope protection area to only apply to the area approximately 300 to 350 feet west of the central line of Morning Drive as designated by Mr. Grady, and adopt the Negative Declaration. NO ACTION TAKEN Councilmember Couch requested staff investigate waiver or reduction of developer fees for zone changes specific to open space areas. Recess taken from 10:35 p.m. to 10:47 p.m. Bakersfield, California, October 11,2006 - Page 13 14. HEARINGS continued Item 13.d. continued ACTION TAKEN Substitute motion by Councilmember Hanson to continue the first reading of the Ordinance and adoption of the Negative Declaration to the October 25, 2006 Council meeting. APPROVED Councilmember Benham stated for the record, liThe Planning and Development Committee requested updates from staff on the progress of the Hillside Ordinance modifications. When we were satisfied with the concept, we directed staff to proceed with informational meetings and then to proceed to Planning Commission and then to the City Council. This is confirmed in the minutes of the Planning and Development Committee meeting of Tuesday, February 28th, 2006. Once a matter is in Committee it is my understanding, based on past practice of the Council and Brown Act issues, that the same Committee remains the appropriate place for issues to return. However, our Committee arrived at a point where we believed we had done everything we needed to do and that once we received a Planning Commission vote, the appropriate place for return was the City Council, which is where it is, and we believe that no, there was never any intention after Planning Commission for it to come back to Council Committee. 11 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Couch requested the City Attorney review a draft of the County Ordinance regarding a Restaurant Letter Grade Program and present a similar Ordinance for consideration by the Council. Councilmember Couch requested an update regarding any response from the City of Shafter regarding water issues. Assistant City Manager Stinson responded. Bakersfield, California, October 11,2006 - Page 14 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Council member Couch congratulated the new Executive Vice-President of the Building Industry Association of Kern County, Cassie Daniel. Councilmember Benham requested staff address code enforcement issues on Spruce Street north of Brundage. Councilmember Benham requested the Police Department respond to a problem on 28th Street and provided contact information. Councilmember Benham requested staff perform street repairs in the vicinity of Mimi's Cafe and provided information. Councilmember Benham requested staff respond to a curb and gutter issue and provided contact information. Councilmember Benham requested staff respond to a citizen's legal inquiry and provided contact information. Councilmember Benham commended the Kern High School District for Principal Partners Day. Councilmember Carson thanked Phil Burns, Code Enforcement staff and the City Attorney for resolution of an issue on T Street. Councilmember Sullivan requested a time frame for installation of the new sound system at the Convention Center. Councilmember Sullivan congratulated Council member Scrivner on the birth of his son. Councilmember Sullivan suggested staff telephone the parties involved in the Hillside Ordinance issue in order to reach a compromise. Councilmember Hanson requested staff perform work in the Las Palmas area. Councilmember Scrivner thanked Amber Lawrence and the City Manager's staff for responding to his referrals. Bakersfield, California, October 11, 2006 - Page 15 ACTION TAKEN 18. COUNCIL AND MAYOR STATEMENTS continued Vice-Mayor Maggard requested staff respond to a citizen's concern regarding the quality of cable television and requested staff provide information on possible alternatives. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 11:20 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:ICouncillMINUTESl200610ctober 11.doc