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
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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).
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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
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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
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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