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BAKERSFIELD CITY COUNCIL
AGENDA
NOVEMBER 29, 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. PUBLIC STATEMENTS (Regarding Workshop and Closed Session item(s) only during this portion of the
meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
regarding property located at 1600 Truxtun Avenue; Agency Negotiators: Finance Director
Nelson Smith and Real Property Manager Donald Anderson; Negotiating Parties: Borton,
Petrini & Conron, LLP; Under Negotiation: price and terms of payment for purchase.
b. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (One issue)
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Jonathan Mullings, Truth Tabernacle.
7. PLEDGE OF ALLEGIANCE
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Rhonda Smiley, Public Information Officer to Department winners of the
2006 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding
service to the City.
b. Presentation of Proclamation by Mayor to Dr. Norman Levan proclaiming November 29,
2006, as Dr. Norman Levan Day.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment Agency due to the resignation of Robert
Martinez, term expiring April 22, 2009.
Staff recommends Council determination.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 15, 2006 Regular City Council Meeting.
Payments:
b. Approval of department payments from November 3, 2006 to November 16, 2006 in the
amount of $10,461,118.17 and self-insurance payments from November 3, 2006 to
November 16, 2006 in the amount of $1,105,703.08.
12. CONSENT CALENDAR continued
Ordinances:
c. First Reading of Ordinance adding Section 8.04.030 to the Municipal Code relating to
restaurant grading.
d. First Reading of Ordinance adding Section 15.64.340 to the Municipal Code relating to the
California Fire Code (Temporary Membrane Structures, Tents and Canopies).
e. Adoption of Ordinance amending Section 16.16.060(a) of the Municipal Code relating to
hearing notice requirements for tentative maps; and Section 17.64.050(b) relating to hearing
notice requirements for general plan amendments, specific plans or zone changes.
(FR 11/15/06)
Adoption of Ordinance amending Municipal Code Sections 1.12.040, 1.12.010, 1.12.050
and 1.12.070 by adding Annexation No. 473 consisting of 60.71 acres located west of
Calloway Drive, generally north of Snow Road; Annexation No. 478 consisting of 97.35 acres
located on the east side of Calloway Drive, generally north of Snow Road; and Annexation
No. 489 consisting of 1.68 acres located south of Rosedale Highway, west of EI Toro Viejo
Road to Ward 4; Annexation No. 487 consisting of 41.64 acres located east and west of
Madison Street, near Belle Terrace; and Annexation No. 497 consisting of 106.21 acres
located at the northeast corner of Berkshire Road and South Union Avenue to Ward 1;
Annexation No. 468 consisting of 121.90 acres located north and south of McCutchen Road,
east and west of Progress Road; and Annexation No. 502 consisting of 45.69 acres located
at the southeast corner of Panama Lane and Buena Vista Road to Ward 5; and Annexation
No. 488 consisting of 16.70 acres located generally south of McKee Road, west of Freeway
99 to Ward 7. (FR 11/15/06)
(Ward1,4,5,7) f.
(Ward 4)*
Resolutions:
(Ward 1) k.
(Ward 1,2,3,6.7) I.
(Ward 6) m.
(Ward 3) n.
. - upon annexation
g.
h.
i.
j.
Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 563 consisting of 21.83 acres located at the
northwest corner of Snow Road and Coffee Road.
Resolution adopting the Investment Policy of the City.
Resolution adopting the National Incident Management System (NIMS).
Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to California Government Code Section 34090, et
seq. (Public Works Department)
Resolution authorizing the requisite City personnel to execute all documents required to
access Section 108 Loan Guarantee Funds of $3,750,000 and Brownfields Economic
Development Initiative Grant of $750,000 for Mill Creek South Mixed Use Project.
Resolution confirming approval by Assistant City Manager of Chief Code Enforcement
Officer's Report regarding assessments of certain properties in the City for which structures
have been secured against entry or for the abatement of weeds, debris and waste matter
and authorize collection of the assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-58 (Panama, Gosford 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 of Intention No. 1492 to add territory, Area 4-65 (Morning, Paladino SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
2
(Ward 5)
12. CONSENT CALENDAR continued
o.
(Ward 5)
(Ward 3)
(Ward 1,5,6,7) t.
(Ward 1)
(Ward 1)
(Ward 4)
Resolution of Intention No. 1493 to add territory, Area 2-33 (White, Buena Vista SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1494 to add territory, Area 3-59 (S Allen, Pensinger SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1495 to add territory, Area 4-66 (Panorama, Vineland SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Amendment No. 15 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit due to increased minimum wage.
Amendment No.8 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 Trades Assistant T -Step.
Agreements:
p.
q.
r.
s.
u.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with ADH Corporation for Tract 6297 Phase
1 located north of Redbank Road between S. Oswell Street and S. Sterling Road.
2. Improvement Agreements with ADH Corporation for Tract 6297 Phases 4 & 5 located
north of Redbank Road between S. Oswell Street and S. Sterling Road.
3. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC and
Lennar Homes of California, Inc. for Tract 6328 Unit 1 located at the southwest
intersection of Panama Lane and Mountain Vista Drive.
4. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for
Tract 6351 Unit 1 located at the southeast corner of Panama Lane and Ashe Road.
5. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for
Tract 6367 Unit 4 located north of Berkshire Road and west of Highway 99.
Bakersfield Municipal Airport Ground Leases:
1. Agreements with Steven Ayler for purposes of constructing two aircraft storage
hangars for a monthly lease fee of $40.00 each.
2. Agreements with Kern Charter Services for purposes of constructing two aircraft
storage hangars for a monthly lease fee of $40.00 each.
Installation of traffic signal and lighting system at the intersection of State Route 58
eastbound on/off ramps and Cottonwood Road:
1. Agreement with State of California Department of Transportation - Caltrans
($250,000) for the project.
2. Appropriate $250,000 Transportation Development Fund balance to the Public Works
Department Capital Improvement Budget.
Baseball Complex located at the corner of Stockdale Highway and Jewetta Avenue:
1. Agreement with Bakersfield Southwest Baseball, Inc. (BSWB) for construction of
baseball complex.
2. Agreement with BSWB for a license to operate baseball complex.
v.
w.
3
(Ward 3)
(Ward 7)
(Ward 4)
(Ward 6)
(Ward 1)
(Ward 1)
(Ward 2)
12. CONSENT CALENDAR continued
x.
City in the Hills Parks:
1. Agreement with Mountain View Bravo, LLC (not to exceed $2,100,114) to construct
City in the Hills Park East located at City Hills Drive and Kuma Way (estimated
reimbursement at completion is $250,000).
2. Agreement with Mountain View Bravo, LLC (not to exceed $1,789,496) to construct
City in the Hills Park West located at City Hills Drive and Manchester Lane (estimated
reimbursement at completion is $250,000).
Agreement with McMillan Arlington Park, LLC (not to exceed $140,000) to reimburse costs
for roadway paving and sewer laterals on Hosking Avenue west of Union Avenue.
Amendment NO.1 to Agreement No. CA06-014 with Clifford & Brown ($50,000 total not to
exceed $90,000) for outside legal services in the matter of John M. Tarabino, et al v City.
Amendment NO.1 to Agreement No. 05-325 with Kern County Water Agency for water
supply for the City Domestic Water System.
Amendment No.1 to Agreement No. 03-310 with Virginia Gennaro for employment as City
Attorney.
y.
z.
aa.
bb.
Bids:
Accept bid and award contract to Bakersfield Well & Pump Company ($365,385) for drilling
and pump testing one domestic water well, CBK-52 located at 9701 Grey Goose Street, in
the vicinity of Old River Road and Harris Road.
Wastewater Treatment Plan 2 Primary Clarifiers 1 & 2 Effluent Channel Concrete Coating:
1. Accept bid and award contract to Universal Coatings Inc. ($317,880) for project.
2. Appropriate $152,000 Sewer Enterprise Fund balance (WWTP No.2) to Public
Works Capital Improvement Budget to fund the project.
Accept proposal and award contract to bd Systems, Inc. (not to exceed $93,000) for a
computerized routing application.
Miscellaneous:
cc.
dd.
ee.
ff. Independent Auditors Report for the Rabobank Arena, Theater, Convention Center & Ice
Sports Center for the Fiscal Year ended June 30, 2006. (Budget & Finance Committee)
Mount Vernon Greenwaste Facility:
1. Purchase two wood grinders from Morbark, Inc. ($1,245,275.08) as part of program
to convert equipment at Facility from diesel to clean electric power to meet air
pollution control requirements.
2. Appropriate and transfer $280,000 Rose Foundation grant and $682,818 Refuse
Fund balance from the Refuse Fund to the Public Works Department Operating
Budget within the Equipment Management Fund.
3. Appropriate $282,458 Equipment Management Fund balance to the Public Works
Department Operating Budget.
hh. Authorize purchase of bomb squad equipment ($145,500) by Kern County pursuant to
Agreement No. 06-139.
ii. Community Development Block Grant Action Plan Amendment No.1 (FY 06107) to provide
additional funding for Lowell Place Security Fence Project and Baker Streetscape
Improvement Project, Phase II.
Staff recommends adoption of Consent Calendar items a through ii.
gg.
4
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(Ward 3)
(Ward 6)
a. Public Hearing to consider Resolution conditionally consenting to the sale of a cable
television system from Cebridge Acquistions, LP to Bright House Networks, LLC and the
surrender of a cable television franchise and termination and abandonment of service by
Cebridge Acquisition, LP.
Staff recommends adoption of resolution.
b.
General Plan Amendment No. 06-0464; San Joaquin Engineering, Inc., representing CA VU
Investment, Ltd. (property owner) has applied for a general plan amendment on 20.76 acres
located at the southwest corner of Lake Ming Road and Old Alfred Harrell Highway.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) to LR
(Low Density Residential) on 20.76 acres.
Staff recommends adoption of resolution.
c.
General Plan Amendment/Zone Change No. 06-0443; Marino & Associates, representing
West Coast Investments, Inc. (property owner) has applied for a general plan amendment
and zone change on 28.52 acres located on the north side of Pacheco Road and west of
Akers Road (future). An appeal of the Planning Commission's decision was submitted by
West Coast Investments, Inc. (Hearing opened and continued at 11/15/06 meeting.)
1. Resolution denying the general plan amendment changing the land use designation
from LI (Light Industrial) to HMR (High Medium Density Residential) on 23.66 acres
and SI (Service Industrial) to HMR on 4.86 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment
to Zone Map No. 123-14 from M-1 (Light Manufacturing) to R-2 (Limited Multiple
Family Residential) on 10.26 acres and M-2 (General Manufacturing) to R-2 on 18.2
acres.
Staff recommends adoption of resolutions.
15. REPORTS
16. DEFERRED BUSINESS
(Ward 2)
Agreement with Century Building Associates, LLC ($9,500,000) to purchase real property
located at 1600 Truxtun Avenue to address space needs at City Hall.
Staff recommends approval of agreement.
a.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
11/20/062:10pm
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AGENDA HIGHLIGHTS
NOVEMBER 29, 2006 COUNCil MEETING
CLOSED SESSION - 5:15 D.m.
There will be a conference with the real property negotiator regarding property located at 1600 Truxtun
Avenue, and a conference with legal counsel regarding one case of potential initiation of litigation.
CONTINUATION OF REGULAR MEETING- 6:30 D.m.
The Excellence in Action Awards and Extra Mile Award will be presented in recognition of outstanding service.
APPOINTMENTS
There will be one appointment to the Bakersfield Redevelopment Agency.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of Ordinance Addina a Section to the Municioal Code relatina to Restaurant Gradina.
The County is in charge of all health inspection functions, powers and duties related to the regulation of City
restaurants. Recently, the County modified its Code to provide for a letter grading system for food
establishments. In order to allow County staff to post the letter grades for public viewing in City restaurants,
the City must adopt a similar ordinance.
Item 12d. First Readina of Ordinance Addinaa Section to the Municioal Code relatina to the California Fire
Code lTemoorary Membrane Structures. Tents and Canooies), It has been determined that the setback and
separation distances required by the California Fire Code for tents located at residences and used for
personal activities is unreasonable and should be waived. This ordinance requires the tent owner or vendor to
be responsible for tent permits within the City.
Aareements
Item 12v. Aareement with the State of California Deoartment of Transoortation lCal Trans) for Installation of a
Traffic Sianal and Liahtina Svstem at the Intersection of State Route 58 Eastbound On/Off Ramos and
Cottonwood Road. in the amount of $250.000. This Cal Trans project includes signalization of the intersection,
modifications to the eastbound off-ramp, and median modifications on Cottonwood Road. Cal Trans asked the
City to pay their "fair share" of the total project costs. The City offered a lump sum payment of $250,000 as its
"fair share". Cal Trans will be the lead agency for design and construction of the proposed improvements.
This agreement is proposed to be funded with Traffic Impact Fees.
Item 12w. Aareements with Bakersfield Southwest Baseball. Inc. lBSWB) for Construction and Ooeration of a
Baseball Comolex Located at the Corner of Stockdale Hiahwav and Jewetta Avenue. This is an FY 2006/07
approved Capital Improvement Project. City crews will construct an entry road, necessary utilities, landscaping
along Jewetta Avenue, a restroom, equestrian staging area, and parking lot. BSWB will construct a minimum
of eight baseball fields, with lighting for three of them, security lighting, spectator stands, concession stand,
and irrigation, all to City standards. In return for the construction performed by BSWB, they will be granted a
license to use the facility for an initial 15-year period at no cost during their baseball season. Any other group
or organization can arrange for use of the fields when they are not in use by BSWB.
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Item 12dd. Award Contract to Universal Coatinas. Inc. for the Wastewater Treatment Plan 2 Primary Clarifiers
1 & 2 Effluent Channel Concrete Coatina Proiect in the amount of 5317.880. Primary clarifiers 1 & 2 are
concrete holding tanks that are used to process raw sewage. Corrosive gases and substances are produced
.
Agenda Highlights
November 29, 2006 '.
Page 2
during this treatment process and will deteriorate the condition of the concrete, requiring application of a
protective coating on the effluent channel, channel area and junction box walls. Additionally, repair and
coating of the effluent channel area for all three clarifiers and the primary effluent junction box is needed. The
specialized concrete coating service is recommended to be added to provide better quality control.
This project is funded entirely by Sewer Enterprise Funds. Staff is recommending an appropriation of
$152,000 because of an increase from the original scope of work and the need for inspectors specialized in
concrete coating. Three acceptable bids were received. Staff recommends award to Universal Coatings, Inc.
Miscellaneous
Item 1299. Purchase of Two Wood Grinders from Morbark. Inc. as Part of a Pro~ram to Convert Eauioment at
the Mt. Vernon Greenwaste Facilitv to Meet Air Pollution Control Reauirements in the amount of
$1.245.275.08. In order to meet air pollution control requirements while handling the increasing work load at
the Mount Vernon Greenwaste Recycling Facility, the City will convert from diesel to clean electric powered
equipment. A $1.3 million capital project was included in the budget for FY 2006-07 to develop the electric
utility service for the electric powered equipment. The plan is to phase in the replacement of various diesel
powered equipment currently in use with clean electric powered equipment. The purchase of the equipment
will be accomplished with a combination of funding sources which will be appropriated at the time each
purchase is placed on the City Council agenda. This $1,245,275.08 purchase would be funded from four
sources, as listed in the administrative report.
The first equipment award is for two wood grinders, which are available through the Government Services
Administration (GSA) competitive purchasing process. By using the GSA procurement process, the City would
be able to obtain equipment at a competitive price in addition to saving staff time and efforts required if this
item were to be placed out to bid. This purchase will replace the main grinder and a surplus grinder used as
backup.
Item 12/1. Communitv Develooment Block Grant Action Plan Amendment NO.1 to Provide Additional Fundina
for Lowell Place Security Fence Proiect and Baker Streetscaoe Imorovement Prolect. Phase II. This
amendment would transfer and reprogram $50,000 from the McDonald/Stockdale Area Sewer Assessment
Project to the Lowell Place Senior Apartment Rehabilitation Security Fence Project. Staff received a request
from the Retirement Housing Foundation for security fencing and electronic monitoring equipment at the Lowell
Place Senior Apartments. Staff recommends the permanent security fencing only as this portion of the project
qualifies under specific HUD regulations for housing rehabilitations.
This amendment would also transfer and reprogram $185,000 from the 34th Street Streetscape Improvement
Project to the Baker Street Streetscape Improvement Project Phase II. Additional funds are needed for this
project due to the continued high cost of construction projects. Award of the contract is anticipated to be
brought before Council for. approval at the December 13, 2006 meeting. Funds transferred from the
McDonald/Stockdale Sewer and 34th Street Streetscape Design will be replenished through a future HUD
amendment.
HEARINGS
Item 148. Public Hearina to Consider a Resolution Conditionallv Consentino to the Sale of a Cable
Television System from Cebridae Acauisitons. LP to Briaht House Networks. LLC. the Surrender of a Cable
Television Franchise. and Termination and Abandonment of Service bv Cebridae Acauisition. LP. Currently,
the City has two cable television franchise providers: Bright House Networks, LLC and Cebridge Acquisitions,
LP, dba Sudden link. On October 13, 2006, Suddenlink notified the City that it had entered into an Asset
Purchase Agreement with Bright House Networks, LLC and requested the City's permission to abandon its
cable television franchise. . The cable television franchise agreement requires a public hearing be held to
decide whether abandonment of the franchise would be in the public's interest, convenience and necessity.
Any approval by the City is conditioned upon federal approvals.
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Agenda Highlights
November 29, 2006
Page 3
Item 14b. General Plan Amendment on 20.76 Acres Located at the Southwest Corner of Lake Mina Road and
Old Alfred Harrell Hiahwav. San Joaquin Engineering, Inc., representing CAVU Investment, Ltd. (property
owner) proposes development of 79 single-family dwelling units. The Planning Commission recommended
approval to the City Council on September 21, 2006.
Letters of concern regarding traffic, noise, and environmental impacts were received by the Planning
Commission and are attached to the administrative report. One of the authors also addressed the Planning
Commission during the public hearing, and stated the desire that the fencing around the lake be constructed to
prohibit access to the lake from this new project. The Commission added conditions to address the various
concerns raised at the pUblic hearing.
Item 14b. General Plan AmendmenUZone Chanae on 28.52 Acres Located on the North Side of Pacheco
Road and West of Akers Road (future). This item was continued from the November 15, 2006 meeting at the
request of the applicant. Marino/Associates, representing West Coast Investments, Inc. the property owner,
propose development of 400 multi-family dwelling units. The Planning Commission conducted a public hearing
on this GPAlZC on September 21, 2006, and recommended denial to the City Council based primarily on the
proximity of industrial properties located east and west of the site. West Coast Investments, Inc. has appealed.
Issues have been raised by a representative of Crimson Resource Management that the land use and zoning
are not compatible and pose safety issues with the oil production wells in the vicinity of the project. A
representative of T.D. Whitten Construction, Inc. and Asphalt & Concrete, LLC is concerned about potential
noise, dust, and truck Issues due to the nature of his construction business in the area. Other concerns about
the project include potential crime and that It will encourage future blight within the area.
Staff recommends denying the appeal and the General Plan Amendment.
DEFERRED BUSINESS
Item 168. Aareement with Century Buildina Associates. LLC to Purchase Real Property Located at 1600
Truxtun Avenue to Address Space Needs at City Hall in the amount of $9.500.000. The City has been
considering various options to address the space needs of staff since 2002. Due to budget constraints in
2003, the matter was deferred. The financial situation has now improved, allowing vacant positions to be filled
and new positions added. This created a more pressing need for additional office space. The owners of the
building at 1600 Truxtun Avenue, Century Building Associates, LLC offered their building to the City at the
price of $9.5 million, which is $2 million less than the appraised value. City staff conducted due diligence and
a summary of the findings is attached to the administrative report. This option is viewed as the best
alternative of all of those that have been considered as it is financially achievable and creates a centralized
environment for citizen needs. Funds are available in the Facility Replacement Fund for this purchase.
Approved:
Alan Tandy, City Manager
cc: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Closed Session
ITEM: t.f. a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 17, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Real Property Negotiators pursuant to Government Code ~
Property: 1600 Truxtun Avenue
Agency Negotiators: Finance Director Nelson Smith, and
Real Property Manager Donald Anderson
Negotiating Parties: Borton, Petrini and Conron LLP.
Under Negotiation: Price and terms of payment for purchase
APPROVED
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11117/2005
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Closed Session
ITEM: Lof. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 20, 2006
APPROVED
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SUBJECT: Conference with Legal Counsel - Potential Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9.
(One issue).
VG:do
S:\COUNCI L \CI Sess\Admins\06-07\ 11-29-06 Potentiallnitiation.dot
November 20, 2006. 3:07PM
ADMINISTRATIVE REPORT
I MEETING DATE: November 29,2006
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager ~.
October 25, 2006
AGENDA SECTION: Presentations
ITEM: q.a..
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Presentation by Rhonda Smiley, Public Information Officer to Departm t Wi ners of the
2006 Excellence in Action Awards and the Extra Mile Award in Recognition of Outstanding
Service to the City of Bakersfield
RECOMMENDATION:
BACKGROUND:
October 25, 2006. 9:16AM
S:\Admin Rpts\2006\EIA Presentations 112906.dot
RS:al
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDASECTlON:~ma~s
ITEM: . .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
November 17, 2006
..OVED
DEPARTMENT HEAD$
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. Nonnan Levan, proclaiming November
29,2006, as "Dr. Norman Levan Day".
RECOMMENDATION:
BACKGROUND:
ndw
November 17, 2006. 9:35AM
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ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Appointments
ITEM: f \. Q..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City ClerO---
November 1, 2006
APPROVED
DEPARTMENT HEA& ~ 1fT
CITY ATTORNEY
CITY MANAGER
I
SUBJECT: One appointment to the Bakersfield Redevelopment Agency due to the.
Robert Martinez, term expiring April 22, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Bakersfield Redevelopment Agency due to the resignation of Robert
Martinez, whose term expires April 22, 2009.
An application for appointment has been received from Danny Ordiz.
The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven
(7) members, appointed by the Mayor and approved by the Council. Agency members must be registered
voters and residents of the City throughout the remainder of their term.
The agency transacts business and exercises its powers under Community Redevelopment Law.
Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall,
1501 Truxtun Avenue.
October 30, 2006, 4:32PM
S:\Bds&Comm\BRDA\Admin Nov 06.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
November 17, 2006
AGENDA SECTION: Consent Calendar
ITEM:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the November 15, 2006 Council Meeting.
APPROVED
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: \cl.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 16, 2006
CITY MANAGER
SUBJECT: Approval of department payments from November 3, 2006 to Novembe 16, 2006 in the
amount of $10,461,118.17 and self insurance payments from November 3, 2006 to
November 16, 2006 in the amount of $1,105,703.08.
RECOMMENDATION:
Staff recommends approval of payments totaling $11,566,821.25.
BACKGROUND:
RAR
November 16, 2006, 11:45AM
C:\Documents and Settings\dtamayo\Desktop\ADMINooAP.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: \d..C.
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
November 17, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Ordinance adding Section 8.04.030 of the Bakersfield Municipal Code relating to
Restaurant Grading.
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
Pursuant to City ordinance 8.04.020, the County is charged with all health inspection functions,
powers and duties regulating City restaurants. Recently, the County modified Chapter 8.58 of its
Code to provide for a letter grading system for food establishments. In order to allow County staff
to post the letter grades for public viewing in City restaurants, the City must adopt a similar
ordinance. For the sake of uniformity and consistency, this ordinance adopts the County Code
Section 8.58 in its entirety.
November 17. 2006, 11: 15AM
S:\COUNCI L \Admins\06-07 Admins\8.04.030.RestaurantGrading.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: l;l. d.
FROM:
DATE:
Ron Fraze, Fire Chief
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
November 8, 2006
SUBJECT: An ordinance Adding Section 15.64.340 to the Bakersfield Municipal Code Rating
to the California Fire Code (Temporary Membrane Structures, Tents and Canopies).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
The Chief has determined that the setback and separation distances required by the Califomia Fire Code
for tents located at residences, and used for personal activities is unreasonable and should be waived.
Other jurisdictions have varied from the California Fire Code regarding tent permitting and remaining
language in the code will provide for a safe environment. This ordinance also requires the tent owner or
vendor to be responsible for tent permits within the City.
11/29/06
S:\COUNCIL\Admins\06-07 Admins\ 15.64.340add.doc
November 13, 2006. 1 0:42AM
C;\OOCUME-1\kblair\LOCALS-1\Temp\xPgrpwise\ 15.64.340add.doc
ADMINISTRATIVE REPORT
MEETING DATE:
November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM NO: l.:l. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 13, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending Section 16.16.060(a) of the Bakersfield Municipal Co e r lating
to hearing notice requirements for tentative maps; and Section 17.64.050(b) relating to hearing
notice requirements for general plan amendments, specific plans, or zone changes.
(citywide, all wards)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 15, 2006.
The proposed text amendments will require an applicant/developer to post a 4' x 8' sign on their property that
proposes a general plan amendment, zone change, specific plan, or tentative tract map. This sign would state
that there is a proposed publiC hearing on the project and would include the date, time and location of the
hearing, a brief description ofthe proposal, and developer information. This information would be composed of
black, block lettering on a white background for easy readability. Signs would be posted along the street
frontage of the property at 300-foot intervals with no more than two signs per street frontage.
The applicant would be responsible for having the signs prepared and posted. They would also be required to
sign a declaration and submit photographs to staff showing that the signs were physically in place at least 20
days but no more than 60 days from the hearing date. If the applicant did not submit the required proof of
posting, the hearing could be postponed. Staff will update the Planning Commission as to how well the sign
posting is doing after a six month period to determine if any adjustments to the requirements are necessary.
Posting requirements have been discussed by the Planning Commission and City Council since mid-2003 when
the item was referred to the City Council's Planning and Development Committee. The Planning and
Development Committee held meetings on May 30th and July 10th, 2006 reviewing similar ordinances from
other cities. Staff was subsequently directed to prepare an ordinance based on the city of Palmdale's
requirements, and to hold appropriate public hearings before the Planning Commission.
The proposed ordinance reflects the direction given by both the Planning Commission and the Council's
Planning and Development Committee. The Planning Commission unanimously approved the ordinance at their
meeting of October 5, 2006, and recommends it be adopted by the City Council.
November 13,2006, 8:52AM
S:lDanaladmin\2006Wovl11-29 - Haaring Notice Posting.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~ .of.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 9, 2006
APPROVED
CITY ATTORNEY .-
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Sectio ~ 1 12.040,
~ 1.12.010, ~ 1.12.050 and ~ 1.12.070 by adding Annexation Nos. 473 consisting of
60.71 acres, located west of Calloway Drive, generally north of Snow Road, Annexation
478 consisting of 97.35 acres, located on the east side of Calloway Drive, generally
north of Snow Road and Annexation 489 consisting of 1.68 acres, located south of
Rosedale Highway, west of EI Toro Viejo Road to Ward 4, Annexation Nos. 487
consisting of 41.64 acres, located east and west of Madison Street, near Belle Terrace
and Annexation 497 consisting of 106.21 acres, located at the northeast corner of
Berkshire Road and South Union Avenue to Ward 1, Annexation Nos. 468 consisting of
121.90 acres, located north and south of McCutchen Road, east and west of Progress
Road and Annexation 502 consisting of 45.69 acres, located at the southeast corner of
Panama Lane and Buena Vista Road to Ward 5 and Annexation 488 consisting of 16.70
acres located generally south of McKee Road, west of Freeway 99 to Ward 7. (Wards
4, 1, 5 and 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 15, 2006.
This ordinance amends the ward boundaries to include Annexations 473,478,489,487,497,468,502
and 488 into corresponding Council wards. These annexations were approved by LAFCO recently.
Annexation No. 473 is located west of Calloway Drive, generally north of Snow Road. The 60.71 acre
site is undeveloped. The site is designated for residential development. The property owner requested
annexation for development purposes and to receive city services.
Annexation No. 478 is located on the east side of Calloway Drive, generally north of Snow Road. The
97.35 acre site is undeveloped. The property owner will develop up to 395 single-family residential
ADMINISTRATIVE REPORT
Page 2
homes on the site. The property owner requested annexation for development purposes and to receive
city services.
Annexation No. 489 is located south of Rosedale Highway, west of EI Toro Viejo Road. The 1.68 acre
site is developed. The property owner requested annexation to receive city services.
Annexation No. 487 is located east and west of Madison Street, near Belle Terrace. The 41.64 acre site is
undeveloped. This annexation is located within an existing county island. The property owner requested
annexation for development purposes and to receive city services.
Annexation No. 497 is located at the northeast corner of Berkshire Road and South Union Avenue. The
106.21 acre site is undeveloped. The property owner requested annexation for development purposes and
to receive city services.
Annexation No. 468 is located north and south of McCutchen Road, east and west of Progress Road. The
121.90 acre site is undeveloped. The property owner will develop approximately 498 single family
residential units on the site. The property owner requested annexation for development purposes and to
receive city services.
Annexation No. 502 is located at the southeast corner of Panama Lane and Buena Vista Road. The 45.69
acre site is undeveloped. The property owner requested annexation for development purposes and to
receive city services.
Annexation No. 488 is located generally south of McKee Road, west of Freeway 99. The 16.70 acre site
is undeveloped. The site is designated for commercial development. The property owner requested
annexation for development purposes and to receive city services.
S:\Annexation\Ordinances\Admin adopt 473,489,478,487,468,488 & 502 WARD. DOC
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 9, 2006
APPROVED
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexatio of
uninhabited territory to the City identified as Annexation No. 563 consisting of
21.83 acres, located at the northwest corner of Snow Road and Coffee Road.
(Ward 4).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation identified as Annexation No. 563 consists of 21.83
acres of land and is located at the northwest corner of Snow Road and Coffee Road.
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 proposal is to annex the land for
development purposes and receive city services.
The exchange of property tax revenues for this annexation 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 this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
S:\Annexation\Res of Applic\Admin Draft 11-29-06 563.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: 11.. h,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 3, 2006
SUBJECT: Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with Section 53646 of the California Government Code that
requires staff to annually render to the legislative body a statement of investment policy which the
legislative body shall consider at a public meeting. There have been no changes to the California
Government Code since the last investment policy and therefore there are no changes to the current
policy.
The City's investment policy received certification through the Investment Policy Certification Program of
the Association of Public Treasurers of the United States and Canada (PTA US&C) in 2001. Minor
changes were made to the investment policy in 2003 to comply with changes in the California Government
Code. According to the PTA US&C those minor changes did not require re-certification of the City's
investment policy.
November 3,2006, 8:01AM
P:\MISC\Admin report invest policy.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1J.., i I
TO: Honorable Mayor and City Council
FROM:
DATE:
Ron Fraze, Fire Chief
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 3, 2006
SUBJECT: Resolution adopting the National Incident Management System (NIMS)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Homeland Security developed a National Incident Management System to provide a consistent nationwide
approach for all levels of government to work together more effectively in the event of a domestic incident.
It is critical that organizations utilize standardized terminology, organizational structures, interoperable
communications, consolidated action plans, unified command structures, uniform personnel qualification
standards, uniform standards for planning, training, and exercising, and comprehensive resource
management.
sc
November 3, 2006, 2:36PM
S:\SUSAN\Admin Report Word\Resolution.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: tJ... i .
u
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 13, 2006
SUBJECT: A Resolution approving the destruction of certain obsolete City reco , do uments,
instruments, books and papers, pursuant to California Government Code Section 34090, et.
seq. (Public Works Department).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Until the City Council approves a comprehensive records retention schedule for the
Public Works Department, consent must be granted every time the Department desires to destroy
documents. The City Attorney's office has reviewed the list of items to be destroyed and determined that
the destruction of those documents would be consistent with California law and City policy.
This Resolution authorizes the Public Works Department to destroy the documents contained in the
exhibit.
G:\GROUPDA T\ADMI NRPT\2006\ 11-29\Record Destruction Admin. doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
Consent Calendar
TO: Honorable Mayor and City Council
CITY MANAGER
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
November 16, 2006
SUBJECT: Resolution Authorizing the Requisite City Personnel to Execute all Document Re ired to
Access Section 108 Loan Guarantee Funds of $3.75 Million and Brownfields Economic
Development Initiative Grant of $750,000 for Mill Creek South Mixed-Use Project. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
Last year the City Council authorized staff to apply for a HUD Section 108 Loan Guarantee and a
Brownfields Economic Development Initiative (BEDI) grant to assist in the development of the Mill Creek
South Mixed-Use Project. The City was successful in obtaining a $3.75 million dollar loan and $750,000
of BEDI grant funds for the project. The Section 108 loan proceeds will be used for land assembly and
clearance. Other funds will be utilized for the remainder of the project which will include 80 units of
affordable high rise rental units, 35 two and three bedroom condominiums along with 65,000 square feet
of commercial development.
The way the loan is structured, HUD forwards a contract, ~ promissory note and several other documents
for execution. Since the loan will be included as part of a HUD public offering, the interest rate locks in for
the twenty year term of the loan. The repayment schedule will be set after the public offering and the
principal and interest will be paid annually. The repayment will be made exclusively with available tax
increment revenue from the Southeast Bakersfield Redevelopment Project Area.
It is staff's understanding that HUD will have the public offering during the summer or early fall of 2007.
HUD recently forwarded the offer of commitment to the City and required them back before December 1,
2006 in order to be included in the offering.
The documents are the same as those which were used for previous Section 108 loans and the BEDI
grant. This resolution authorizes various city employees and the Mayor to execute all of the documents
that HUD requires to complete the loan and grant process. Once HUD receives and approves the
documents, the City can begin drawing down the funds.
This item will be considered by the Redevelopment Agency at the December 11, 2006 meeting.
S:\Admins\City Council\City Council Admins 2006\Section 108 and BEDI authorizing sign. doc
11/16/2006 9:35 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent
ITEM fl. l.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
November 17, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Abatements
1. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of weeds,
debris and waste matter and authorize collection of the assessments by the Kern
County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on November 13, 2006, by the Assistant City Manager and all
proposed charges were confirmed. The subject properties listed below were in violation of Chapter
8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and
waste matter. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance. The subject properties are
listed as follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
1.
2.
3.
4.
5.
6.
822 Collins Way
1508 Cottonwood Rd.
906 Haley St.
811 Hacienda Dr.
3508 Horne St.
6314 Madan St.
019-042-06-00-0
170-060-03-00-7
019-152-08-00-8
170-240-35-00-2
172-091-33-00-4
413-204-07 -00-7
$ 740.00
$ 725.00
$ 845.00
$ 925.00
$ 645.00
$ 845.00
November 13, 2006, 12:32PM
P:\admin report November 06.doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
7. 1213 Murdock St. 018-112-09-00-2 $ 369.00
8. 312 Northrup St. 018-290-09-00-1 $ 355.66
9. 905 P Street 009-162-13-00-2 $ 345.00
10. 913 P Street 009-162-09-00-1 $ 270.00
11. Lot No. of Pacheco & Union 171-030-07-00-7 $ 1,245.00
12. 903 Watts Dr. 170-142-04-00-7 $ 895.00
13. 206 Wood St . 139-322-16-00-5 $ 825.00
14. Lot E. of 301 E. 10th St. 139-121-02-00-9 $ 419.00
15. 205 E. 10th St. 139-132-02-00-9 $ 395.00
Ward 2/Councilmember Sue Benham
16. 715 Eye St. 009-251-05-00-8 $ 1,144.00
17. 3717 K Street 120-070-03-00-5 $. 420.00
Ward 3/Councilmember Mike Maaaard
18. 3213 Boise St. 383-251-01-00-5 $ 485.00
19. 2121 Noble Ave. 021-442-01-00-8 $ 1,120.00
Ward 6/Councilmember JacQuie Sullivan
20. 5315 Clover Mtn. St. 498-304-07-00-5 $ 645.00
Ward 7/Councilmember Zack Scrivner
21. Lot So. H & Vinca St. 405-020-54-00-4 $ 945.00
22. Pacheco Rd. Btw Ohman & Olivia Ct. 405-020-56-00-0 $ 729.00
23. 8112 Rockhampton Ct. 514-290-17-00-1 $ 395.00
November 17, 2006, 9:23AM
P:\admin report November 06.doc
ADMINISTRATIVE REPORT
Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
November 13, 2006, 12:32PM
P:\admin report November 06.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: I .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 16, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
./
SUBJECT: Resolution adding territory, Area 3-58 (Panama, Gosford SE) to e onsolidated
Maintenance District and confirming the assessments, approving he Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 15, 2006 the Council adopted Resolution of Intention No. 1491 to add
territory, Area 3-58 (Panama, Gosford SE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Parcel Map Waiver No. 06-1654. Area 3-58 is
generally bounded by Panama Lane on the north, a line approximately 1,350 feet west of Ashe Road on
the east, Berkshire Road on the south and Gosford Road on the west. This area will be under the park
and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD3-58_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: \.1. n.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 15, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1492 to add territory, Area 4-65 (Morning, P adi 0 SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6517 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 4-65 is generally bounded by Paladino Drive on the north, a
line approximately 2,010 feet east of Morning Drive on the east, a line approximately 1,320 feet south of
Paladino Drive on the south and Morning Drive 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
November 15, 2006, 12:59PM
MD4-65Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: I~. o.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 16, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1493 to add territory, Area 2-33 (White, Buen Vist SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel
Map No. 11593 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 2-33 is generally bounded by White Lane on
the north, Buena Vista Road on the east, the Southern Pacific Railroad on the south and South Allen
Road 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
November 16. 2006, 9:01AM
MD2-33Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 15, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1494 to add territory, Area 3-59 (S. Allen, Pe singer SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6578 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 3-59 is generally bounded by Pensinger Road on the north,
a line approximately 1 ,320 feet east of Windermere Street on the east, a line approximately 1 ,320 feet
south of Pensinger Road on the south and South Allen Road 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 the covenant is attached for reference.
mr
November 15, 2006, 12:42PM
MD3-59Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 15, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
I. ,
SUBJECT: Resolution of Intention No. 1495 to add territory, Area 4-66 (Panorama, Vi ela.nd SW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6780 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 4-66 is generally bounded by a line approximatey 2,640 feet
south of Paladino Drive on the north, a line approximately 1,320 feet west of Vineland Road on the east, a
line approximately 3,960 feet south of Paladino Drive on the south and a line approximately 1,980 feet
west of Vineland Road 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
November 15. 2006, 1:01PM
MD4-66Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: J~.r.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage~DEPARTMENT HEAD
November 7,2006 CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Minimum Wage Salary Adjustments - Temporary Salaries
1. Amendment No. 15 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The California minimum wage will be changing from $6.75 to $7.50 per hour effective January 1,2007.
. The following Temporary Employee classifications will be below the State minimum wage effective with
the January 2007 change and will need to be increased to comply with California law. The Program
Leader II increase to $7.75 is recommended to stay consistent with the two-tier salary range for temporary
employees working in Recreation as approved by Council on January 11, 2006. Additionally, the
temporary salary schedule is being updated to make the temporary Trades Maintenance Worker positions
consistent in title with the regular positions.
TEMPORARY
EMPLOYEE
CLASSIFICATION
Clerical Aide/Receptionist
Police Cadet
Program Leader I
Program Leader II
Scorekeeper
Student Help
CURRENT
RA TE/HR
$6.75
$6.75
$7.00
$7.25
$7.20
$6.75
NEW
RATE/HR
$7.50
$7.50
$7.50
$7.75
$7.50
$7.50
DEPT.
All Departments
Police
Recreation and Parks
Recreation and Parks
Recreation and Parks
All Departments
The respective departments have sufficient funds in their current budget to cover these increases.
S:IAOMINRPT\Temporary Salary Revisions 2006 Minimum Wage.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: 'd...~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier lozano, Human Resources Manager ~
November 7, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER' / I - 7
I / '
SUBJECT: Changes to Salary Schedule
1. Amendment No. 8 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 Trades Assistant T -Step.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The General Services Superintendent has requested that the Trades Assistant T -Step be deleted from the
Salary Schedule as the Trades Assistant class title was deleted in February, 2006.
S:\ADMINRPnTrades Assistant T-Step.doc
11/7/2006 2:52 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: I . .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 9, 2006
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with ADH Corporation, for Tract 6297
Phase 1 located north of Redbank Road between South Oswell Street and South
Sterling Road. (Ward 1)
2. Improvement Agreements with ADH Corporation, for Tract 6297 Phases 4 & 5
located north of Redbank Road between South Oswell Street and South Sterling
Road. (Ward 1)
3. Final Map and Improvement Agreements with GMAC Model Home Finance,
LLC., and Lennar Homes of California, INC., for Tract 6328 Unit 1 located at the
southwest intersection of Panama Lane and Mountain Vista Drive. (Ward 5)
4. Final Map and Improvement Agreements with Lennar Homes of California, INC.,
for Tract 6351 Unit 1 located at the southeast corner of Panama Lane and Ashe
Road. (Ward 6)
5. Final Map and Improvement Agreements with Lennar Homes of California, INC.,
for Tract 6367 Unit 4 located north of Berkshire Road and west of Highway 99.
(Ward 7)
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
November 9,2006, 10:11AM
G:\GROUPDAT\ADMINRPT\2006\11-29\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: Ic2.lt.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 16, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Bakersfield Municipal Airport Ground Leases (Ward 1):
1) Ground Lease Agreements with Steven Ayler for purposes of constructing two aircraft
storage hangars for a monthly lease fee of $40 each.
2) Ground Lease Agreements with Kern Charter Services for purposes of constructing two
aircraft storage hangars for a monthly lease fee of $40 each.
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 20
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
hangars is 2,000 square feet. Each land lease agreement generates $40 per month and these four leases
will add $1,920 in annual revenue to the Airport.
Bbu
G:\GROUPDAT\ADMINRPT\2006\11-29\Ground Leases - Kern Charter & Ayler.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: ~ .'\!.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
November 14, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Installation of Traffic Signal and Lighting System at the intersection 0
eastbound on/off ramps and Cottonwood Road (Ward 1):
1. Agreement with California State Department of Transportation (Caltrans) ($250,000) for
the project.
2. Appropriate $250,000 Transportation Development Fund balance to the Public Works
Department's Capital Improvement Budget
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: Caltrans has a safety project to install a traffic signal and lighting system at the
intersection of State Route 58 eastbound on/off ramps at Cottonwood Road. This project includes
signalization of the intersection, modifications to the eastbound off-ramp, and median modifications on
Cottonwood Road. Caltrans has requested the City of Bakersfield to pay their "fair share" of the total
project costs. The City of Bakersfield has offered a lump sum payment of $250,000 for its "fair share" of
the project costs. Caltrans will be the lead agency for design and construction of the proposed
improvements. This agreement is proposed to be funded with Traffic Impact Fees.
Nf design
November 15, 2006, 5:20PM
G:\GROUPDAT\ADMINRPT\2006\11-29\Cottonwood at 58 coop. doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: ,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD pelf
Dianne Hoover
Recreation & Parks Department
DATE:
November 14, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Construction & License Agreements with Bakersfield Southwest Baseball,
Located at the corner of Stockdale Highway and Jewetta Avenue (Ward 4).
1). Agreement for Construction of Baseball Complex with BSWB.
2). Agreement for License to Operate Baseball Complex with BSWB.
RECOMMENDATION:
Staff recommends approval of the agreements
BACKGROUND:
The construction agreement is for the park and baseball complex to be build at the corner of Jewetta and
Stockdale Highway. The property was acquired through grant proceeds from Proposition 13, the Water
Bond of 2000. The land was granted to the City expressly subject to the condition that the land shall not be
used for any purpose other than for water recharge and/or recreational activities. A portion of the property
is dedicated exclusively to recharge via a lake that has been developed on the property. Any remaining
water recharge capacity that may be required in the future will be offsite, in the City's "2800 Acres"
banking facility.
The city will complete construction of an entry road, necessary utilities, landscaping along Jewetta
Avenue, a restroom, equestrian staging area and parking lot within two (2) years. BSWB will complete
construct of a minimum eight (8) baseball fields, lighting for three (3) baseball fields, security lighting,
spectator stands, concession stand and irrigation for the baseball fields within three (3) years. BSWB will
build and maintain the facilities to city standards. This is an approved Capital Improvement project from
the 2006/2007 budget cycle.
Under the license agreement, the city will enter into a fifteen (15) year license agreement with BSWB. In
return for the construction performed by BSWB "above" they will be granted a license to use the facility for
an initial 15 year period at no cost. This license agreement allows BSWB use of these fields during their
baseball season. The city and other individuals or organizations can arrange for use of the baseball fields
November 14,2006, 2:06PM
S:\2006 Admins\BSWB Admin.doc
ADMINISTRATIVE REPORT
during those times not scheduled by BSWB since it will be a public park.
The City of Bakersfield is entering into these agreements because Bakersfield Southwest Baseball has a
current lease with Cal State Bakersfield which may expire at the end of the baseball season in 2007 due to
the university's expansion of their own baseball program. BSWB has demonstrated excellent
management and maintenance of the fields during their current lease, and has the knowledge and
expertise to fulfill the requirements in these agreements. BSWB serves over 2000 youth annually in the
Bakersfield area.
November 14, 2006. 2:06PM
S:\2006 Admins\BSWB Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.)C.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /) 0t1-
Dianne Hoover
Director of Recreation and Parks
DATE:
November 6, 2006
CITY ATTORNEY
SUBJECT:
CITY MANAGER
Parks located at City Hills Drive and Kuma Way and City Hills Drive and j nch ster Lane.
(Ward 3).
1). Agreement with Mountain View Bravo, LLC to Construct City in the Hills Park East,
(East Park), located at City Hills Drive and Kuma Way for not to exceed $2,100,114.
Reimbursement amount at completion of construction is estimated at $250,000.
Completion will fulfill payment of remaining park improvement fee within the specified zone
of benefit.
2). Agreement with Mountain View Bravo, LLC to Construct City in the Hills Park West,
(West Park), located at City Hills Drive and Manchester Lane for not to exceed $1,789,496.
Reimbursement amount at completion of construction is estimated at $250,000.
Completion will fulfill payment of remaining park improvement fee within the specified zone
of benefit.
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND:
On July 7,2005, the Planning Commission approved Vesting Tentative Tract 6498 generally located at the
southeast corner of City Hills Drive and Kuma Way. The Tract approval required the subdivider, Mountain
View Bravo, LLC, to dedicate to the city 11.32 acres of park land. On May 5, 2006, ,the city obtained title
to the 11.32 acres of property, (East Park), located at City Hills Drive and Kuma Way.
On March 3, 2005, the Planning Commission approved Vesting Tentative Tract 6406 generally located at
the southeast corner of Panorama Drive and Queen Street. The Tract approval required the subdivider,
Mountain View Bravo, LLC, to dedicate to the city 9.61 acres of park land. On March 16, 2006, the city
obtained title to the 9.61 acres of property, (West Park), located at City Hills Drive and Manchester Lane.
The requirement to develop the parks is traditionally covered by the payment of park development fees
under the Municipal Code. Such fees are paid upon issuance of a building permit on a per lot basis. The
parks are not built until sufficient funds are collected.
November 13, 2006, 9:10AM
S:\Park Tech Files\admins 06\cityhillsparkE1 0-25-06bob.doc
ADMINISTRATIVE REPORT
In this case, however, Mountain View Bravo, LLC and the City desire to have the parks built ahead of
schedule. Mountain View Bravo, LLC has therefore agreed to build the parks and, upon completion, give
the improvements to the City. In return, the City will reimburse Mountain View Bravo, LLC solely from all
park development fees collected within the zones of reimbursement. The park improvements constructed
by Mountain View Bravo, LLC are estimated to exceed $2,100,114 for East Park and $1,789.496 for West
Park which is the amount that would be collected from park development fees within the specified zones of
benefit at build out. Reimbursement amount is limited to actual park fees collected within the specified
zones of benefit at time of Notice of Completion and is estimated at $250,000 for each park. The
remainder of the park development fees, ($1,850,114 East Park, $1,539,496 West Park), will not be
collected from Mountain View Bravo, LLC in lieu of accepting park improvements which will have an
estimated value exceeding $2,100,114 at East Park and $1,789.496 at West Park due to the enhanced
amenities that exceed city standards.
Appropriation of funds to be reimbursed to Mountain View Bravo, LLC at the filing of a notice of completion
will be requested from Council at that time.
November 13, 2006, 9:10AM
S:\Park Tech Files\admins 06\cityhillsparkE10-25-06bob.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 2, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Reimbursement Agreement with McMillan Arlington Park, LLC, (not to exc d $14 ,000) for
roadway paving and sewer laterals on Hosking Avenue west of Union Avenue ('Nard 7).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: McMillan Arlington Park, LLC is currently developing Tract 6331 located east of Union
Avenue and south of Hosking Avenue. In order to provide sanitary sewer to the tract, the developer had to
construct a sewer trunk line along Hosking Avenue to a point just east of Golden Valley High School. The
developer originally proposed to bring the sewer main along the south side of Hosking Avenue which
caused conflicts with existing utility lines as well as right of way issues.
Pavement conditions along the stretch of Hosking Avenue between Union Avenue and Golden Valley High
School was deteriorated and required full reconstruction by the City. In order to facilitate construction of
the sewer trunk line and fix the deteriorated pavement condition, staff suggested the developer place the
trunk line within the pavement area and pave back the roadway with the City reimbursing McMillan for the
reconstructed pavement since that portion of the work was the City's obligation. This allowed the
developer access to sewer for his tract and provided the City with a much need reconstructed roadway.
During the construction process, staff also asked the developer to install two sewer laterals which would
preclude the need to tear up the new roadway for future sewer connections.
This agreement reimburses the Developer for the reconstructed roadway and sewer laterals.
Staff recommends approval of this reimbursement agreement. Sufficient funds are budgeted to cover this
reimbursement agreement.
Is
November 3. 2006, 1 :27PM
G:\GROUPDATlADMINRPT\2006\11-29\McMillan hosking Adm.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.t.'%..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
November 17, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.1 to Agreement No. CA06-014 with outside counsel, Clifford & Brown for
legal services in the matter of John M. Tarabino, et al v. City of Bakersfield, KCSC
Case No. S-1500-CV-257620-SPC, in the amount of $50,000, with a total contract
amount not to exceed $90,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
This issue involves the lawsuit against the City by the Tarabinos. There are several causes of
action within the complaint, but in general, the dispute involves Morning Drive. The Tarabinos claim that
the City is blocking access to their property and that the City agreed to grade and prepare the Morning
Drive alignment. The City denies both of these claims. Trial is set for February 20, 2007. A significant
amount of discovery has taken place and there is more to be done in order to be prepared for trial. The
City is represented by Arnold Anchordoquy and Joe Hanson with Clifford & Brown.
This Amendment No. 1 to Agreement No. CA06-014 would add $50,000 to the Not to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $90,000.
GG:dll
S:\COUNCIL IAdmins\06-07 AdminslAllyAgrCA06-014Amd1.Clifford&Brown. T arabino.dol
November 20, 2006, 9:34AM
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: 11.. lAtl.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 15, 2006
SUBJECT: Amendment NO.1 to Agreement No. 05-325 with the Kern County Water
Water Supply for the City Domestic Water System. (Ward 4)
RECOMMENDATION: Staff and the Water Board recommend City Council approval.
BACKGROUND: This amendment to Agreement No. 05-325 updates the costs for receiving 6,500
acre-feet of treated drinking water from the Kern County Water Agency's Improvement District #4 (ID#4)
treatment plant. The first phase of the project is underway with the construction of the northwest feeder
pipeline to convey water to areas of the City system's highest immediate need. The second phase is the
expansion of the existing 10#4 treatment plant. This amendment inserts the actual costs to install the
pipeline and updates the estimated costs for the treatment plant expansion. The pipeline cost is below the
original estimate, the financing bonds percentage came in below estimates, however, the plant expansion
updated costs increased. Overall, the cost per acre-foot of delivered treated water increased by just under
1.5%.
The project is to supplement the current system with 6,500 acre-feet firm surface water treatment plant
deliveries to increase the diversity and efficiency of the drinking water system. Wells will be shut off during
non-peak demand periods resulting in higher groundwater pumping elevations which reduce energy costs.
Fewer water wells will be drilled, sparing the City great capital expense in the foreseeable future. The
water supplied will be at a relatively stable long-term price, while the costs to drill and complete wells in
the future will most likely continue rising.
The northwest feeder pipeline is scheduled to be completed June 2007 and the treatment plant expansion
in the fall of 2009. There is sufficient capacity in the current plant to deliver the 6,500 acre-feet into the
City's system as soon as the pipeline is completed, in part due to California Water Service Company
allowing us to use a portion of their capacity and the City's proportionate share of the un-contracted
portion of the current treatment plant capacity of 12,500 acre-feet per year.
The City Water Board at its regular meeting of November 8, 2006 reviewed this amendment. The Board
voted unanimously to support and recommend City Council approval.
November 15, 2006, 1:10PM
8:\2006 ADMIN REPORT8IAmendment1 Agreement05-325N029CCWT.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Consent Calendar
ITEM: Il. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/G
November 20,2006
SUBJECT: Amendment NO.1 to Agreement No. 03-310 for employment of Virginia I
Attorney of the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On October 22, 2003, the City Council approved Agreement No. 03-310 for City Attorney
legal services.
On November 15, 2006 the City Council conducted the yearly evaluation of the City
Attorney. As a result of that review, the City Council directed that the City Attorney contract be
amended to provide the City Attorney an increase in a car and salary adjustment at the rates
identified and approved in the recent MOU for the City's Management Group effective December
2005 and December 2006.
The attached amendment to Agreement No. 03-310 identifies these adjustments and is
responsive to Council's direction.
VG:do
S:\COUNCILlAdmins\06-07 Admins\CityAttyAgr-VG-Amnd.dot
November 20, 2006, 9:30AM
ADMINISTRATIVE REPORT
MEETING DATE November 29,2006
AGENDA SECTION:
ITEM: I~. a:. .
Consent Calendar
TO:
Honorable Mayor and City Council
CITY MANAGER
FROM:
Flom Core, Water Resources Manager
DEPARTMENT HEAD
DATE:
November 15, 2006
CITY ATTORNEY
SUBJECT: Accept bid and award contract to Bakersfield Well & Pump Company ($365,385. for rilling and
pump testing one domestic water well, CBK-52 located at 9701 Grey Goose Street, in the vicinity of Old River Road
and Harris Road. (Ward 6)
RECOMMENDA TION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This Project will add one (1) new domestic water well to the Ashe Fairhaven system providing for
needed capacity and pressure to the City of Bakersfield's expanding Southwest side of town. The project will include
drilling and pump testing of Ashe Water Wells CBK-52. Bakersfield Well and Pump has bid on previous City of
Bakersfield water well projects with other competitive bidders resulting in similar bid prices for the work.
Two bids were received on November 9, 2006 for this project, as follows:
Bakersfield Well and Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308... ... ... ... ... ... .. . ... ... ... .. . .. . .. . ... .. . .. . ... .. . ... ... ..
in the amount of: $365,385.00
Layne Christensen Company
11001 Etiwanda Avenue
Fontana, CA 92337... .. . .. . .. . ... ... . .. .. . ... . .. ... ... .. . .. . . .. . .. .. . ... .. . ... .. ...
in the amount of: $599,000.00
5:\2006 ADMIN REPORT5\Admin Nov2906drillwells.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 15, 2006
SUBJECT: Wastewater Treatment Plant 2 Primary Clarifiers 1 & 2 Effluent Channel Co crete Coating
(Ward 1):
1. Accept bid and award contract to Universal Coatings Incorporated ($317,880).
2. Appropriate $152,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No.2) to Public Works Capita/Improvement Budget to fund the project.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of
appropriation.
BACKGROUND: Primary clarifiers 1 & 2 are concrete holding tanks at Wastewater Treatment Plant #2
that are used to process raw sewage. Corrosive gases and substances are produced during this
treatment process and will deteriorate the condition of the concrete. Therefore, scheduled maintenance is
required by application of a protective coating on the concrete effluent channel, effluent channel area, and
primary effluent junction box walls.
This project is funded entirely by Sewer Enterprise Funds. Staff is recommending an additional
appropriation of $152,000 because of an increase from the original scope of work and the need for
inspectors specialized in concrete coating. The additional scope of work includes the repair and coating of
the effluent channel area for all three clarifiers and the primary effluent junction box. The specialized
concrete coating service is recommended to be added to provide better quality control. Currently, City
staff does not have this expertise in concrete coating inspection.
Three acceptable bids were received on October 5, 2006, as follows:
Universal Coating Inc.
1220 E. North Avenue
Fresno, CA 93725 (Out of Town) in the amount of
Abhe & Svoboda Inc.
17066 Revere Way
Prior Lake, MN 55372 (Out of Town)
$317,880.00
in the amount of
$392,150.00
Blastco Inc.
22904 Mariposa Ave.
Torrance, CA 90502 (Out of Town)
in the amount of
$403,190.00
(Ics, PIN WII)
November 17, 2006, 11:30AM
E7K102
G:\GROUPDAT\ADMINRPT\2006\11-29\WWTP2 PRIMARY CLARIFIERS COATING.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: 1:2. et.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 17, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept proposal and award contract to bd Systems, Inc. (not to exceed $93,000.00) for a
Computerized Routing Application. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the proposal and award of contract.
BACKGROUND: Requests for Proposals were sent to approximately one hundred twenty (120)
consultants for providing a computerized routing application for the City. bd Systems, Inc. submitted the
sole proposal.
The scope of work for this project includes development of routing application software which will run in a
Microsoft Windows environment. The software will create an optimized route of travel for City employees
based on the City's G.I.S. road network. Such software will generate the optimum route for City
employees to travel to a set destination, as well as which order to drive to multiple locations, thus saving
time and fuel consumption. The routing application will be used for a variety of business process including
building and fire inspections, tree maintenance and fire hydrant maintenance.
Purchasing Division
OW
S:\PURCHIADMIN\GIS Routing Application 06-07-46, November 29, 2006.doc
Created on 11/17/20069:40 AM
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: \d-. -+f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 14, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Independent Auditors Report for the Rabobank Arena, Theater,
Center & Ice Sports Center for the Fiscal Year ended June 30, 2006.
RECOMMENDATION: The Budget and Finance Committee recommends acceptance of the audit
report for the Fiscal Year ended June 30,2006.
BACKGROUND:
The Budget and Finance Committee reviewed the Rabobank Arena audit report at their November
6, 2006 meeting. The audit opinion was unqualified with no significant reportable conditions found.
The Budget and Finance Committee voted to forward the reports to the City Council and are
recommending the reports be accepted.
The Rabobank Arena audit report is attached for your review. The audit work was performed by
Barbich, Longcrier, Hooper and King.
November 20,2006, 11 :10AM
S:\Admin\Admin Reports\Rabobank audit. doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: fa.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
November 6,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Mount Vernon Greenwaste Facility (Ward 1):
1. Purchase two wood grinders from Morbark, Inc. ($1,245,275.08) as part of program to
convert equipment at Facility from diesel to clean electric power to meet air pollution
control requirements.
2. Appropriate and transfer $280,000 Rose Foundation grant and $682,818 Refuse Fund
balance from the Refuse Fund to the Public Works Department's Operating Budget
within the Equipment Management Fund.
3. Appropriate $282,458 Equipment Management Fund balance to the Public Works
Department's Operating Budget.
RECOMMENDATION: Staff recommends approval of purchase, appropriations, and transfer.
BACKGROUND: In order to meet air pollution control requirements while handling the increasing work
load at the Mount Vernon Greenwaste Recycling Facility, the City will convert from diesel to clean electric
powered equipment. A $1.3 million capital project was included in the budget for FY 2006-07 to develop
the electric utility service for the electric powered equipment. The plan is to phase in the replacement of
various diesel powered equipment currently in use at the Facility with clean electric powered equipment.
The purchase of the clean electric powered equipment will be accomplished with a combination of funding
sources which will be appropriated at the time each purchase is placed on the City Council agenda.
The first equipment award is for two wood grinders, which are available through the Government Services
Administration (GSA) competitive purchasing process. The GSA is in charge of procuring equipment for
the federal government through a competitive procurement process. Other government agencies are also
allowed to purchase equipment through the GSA. By using the GSA procurement process, the City would
be able to obtain equipment meeting the City's requirements at a competitive price in addition to saving
staff time and efforts required if this item were to be placed out to bid by the City. City staff arranged for
vendors of various grinders to demonstrate how their product worked at the Facility. After several
demonstrations, City staff recommends the purchase of the grinders sold by Morbark. This purchase will
replace the main grinder and a surplus grinder used as backup.
This $1,245,275.08 purchase would be funded by:
1. A $280,000 air pollution reduction grant from the Rose Foundation, which is funded by housing
development fees collected by the Sierra Club, has been awarded to the City to fund half the cost
KB
November 8,2006, 10:31AM
G:\GROUPDAT\ADMINRPT\2006\11-29\Wood Grinders, GAS Piggyback Purchase, November 29, 2006.DOC
ADMINISTRATIVE REPORT
of one of the grinders. The grant funds will be reimbursed thirty (30) days after the City makes the
purchase.
2. There is $282,458 available in the Equipment Management Fund for this purchase. This amount
is replacement costs collected on the diesel grinders that can be used to purchase the electric
powered equipment.
3. Kern County reimburses the City approximately thirty percent (30%) of all net costs incurred at the
Greenwaste Facility. Therefore, the County will reimburse the City for the net costs (net of items
one and two previously described) for this purchase. The County's share of the purchase is
estimated at $204,600. This amount does not need to be appropriated since it was included in the
estimated revenue for the adopted budget.
4. The remainder of the purchase price ($478,217.08) is recommended to be funded with available
fund balance within the Refuse Fund.
Item two in the Subject Section recommends that $682,818 be appropriated from Refuse Fund balance.
This amount includes both the $478,217.08 identified above in Item four and the $204,600 County share
of costs as identified in Item 3 above. This is because the County share is already included in estimated
revenue.
As noted earlier, this is the first of several more administrative reports that will go before the City Council
to replace diesel powered equipment to clean electric powered equipment at the Mount Vernon
Greenwaste Facility to meet air pollution control requirements.
KB
November 8, 2006, 10:31 AM
G:\GROUPOAT\ADMINRPT\2006\11-29\Wood Grinders, GAS Piggyback Purchase, November 29, 2006.DOC
ADMINISlRA liVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: la.hh.
TO:
FROM:
DATE:
Honorable Mayor and City Council
William R. Rector, Chief of Police
November 17, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
i
SUBJECT: Authorize purchase of Bomb Squad Equipment ($145,500) by Kern County pursuant to
Agreement No. 06-139.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The County of Kern is the designated sub-grantee for Homeland Security grants on behalf of the Kern
Operational Area. On OS/23/06, the City and County established a Memorandum of Understanding (Agt#
06-139), giving the County the authority to purchase equipment for the City with Homeland Security Grant
funds. Currently, the County is administering funds from the FY05 Buffer Zone Protection Program
(BZPP) grant, in which there is $145,500 allocated to the Bakersfield Police Department to procure a
bomb robot. Once purchased, the bomb robot will be owned and operated by the City.
The County has approved a sole-source procurement of the Andros F6A bomb robot from Remotec, Inc.
on behalf of the City. However, the County will not issue a Purchase Order on behalf of the City, because
Remotec's sales terms and conditions require the City to limit any future liability claim to the purchase
price of the product. The County does not want to speak for the City in this way. However, the County will
pay for the purchase through the grant on behalf of the city, if the City enters into an agreement with the
vendor (via a City Purchase Order) and agrees to the sales terms and conditions of the vendor.
Staff have reviewed the terms and conditions of the vendor with the City Attorneys office and we are
recommending approval of the purchase. Time is of the essence as the grant funding expires on
December 15,2006.
DB
November 20,2006, 11 :14AM
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-071ADMIN RPT - DHS GRANT - BOMB EQUIPMENT.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: ,~. i i.
TO: Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
November 20,2006
SUBJECT: Community Development Block Grant Action Plan Amendment No.1 (FY 06/07) to provide
additional funding for the Lowell Place Security Fence Project and the Baker Street
Streetscape Improvement Project, Phase II. (Wards 1, 2 and 3)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to reprogram Community Development Block
Grant (CDBG) funds from Fiscal Year 2006-07. In compliance with HUD regulations, any significant
change or addition to the approved CDBG annual plan must undergo an amendment process which
includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice
was published on October 27,2006 requesting comments and to date no comments have been received.
Staff is proposing the following amendment to CDBG activities:
1) Transfer and reprogram $50,000 from the McDonald/Stockdale Area Sewer Assessment Project to
the Lowell Place Senior Apartment Rehabilitation Security Fence Project located at 500 R Street.
2) Transfer and reprogram $185,000 from the 34th Street Streetscape Improvement Project to the
Baker Street Streetscape Improvement Project Phase II.
Staff received a request from Retirement Housing Foundation for security fencing and electronic
monitoring equipment at the Lowell Place Senior Apartments. Staff recommends the installation of the
permanent security fencing only as this portion of the project qualifies under speCific HUD regulations for
housing rehabilitation. Additional funds for Baker Street - Streetscape Phase II are needed due to the
continued high cost of construction projects. Staff anticipates award of the contract to the apparent low
bidder for the Baker Street Project is scheduled for Council consideration at the December 13, 2006
meeting. Funds transferred form the McDonald/Stockdale Sewer and the 34th Street Streetscape Design
Projects will be replenished through a future HUD amendment.
S:\Admins\City Council\City Council Admins 2006\action plan amendment 11-29-06.doc
11/20/2006 1 :36 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Hearings
ITEM: 1L\.0..
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
November 13, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Conditionally Consenting to the Sale of a Cable Television Syst m from
Cebridge Acquisitions, LP to the Bright House Networks, LLC and the Surrender of a Cable
Television Franchise and Termination and Abandonment of Service by Cebridge
Acquisition, LP.
RECOMMENDATION:
Staff recommends conducting the hearing and adopting the Resolution.
BACKGROUND:
Currently, the City has two cable television franchise providers - Bright House Networks, LLC and
Cebridge Acquisitions, LP, doing business as Suddenlink. Each franchise is non-exclusive - either
company can provide cable television service anywhere in the City.
On October 13, 2006, Suddenlink notified the City that it had entered into an Asset Purchase Agreement
with Bright House Networks, LLC and requested the City's permission to abandon its cable television
franchise. The cable television franchise agreement requires the City to hold a public hearing and decide
whether abandonment of the franchise would be in the public's interest, convenience and necessity.
If the Asset Purchase goes forward, Bright House Networks will own all of the cable television equipment
used by Suddenlink to provide service to its customers. Bright House Networks has indicated that it will
continue to provide the level of service currently provided by Sudden link and that Sudden link subscribers
will not suffer in any way as a result of the transfer/abandonment.
As the Asset Purchase and transfer of franchise rights is subject to review from various federal agencies,
any approval by the City is conditioned upon all federal approvals being received. Thus, if for any reason,
the sale and transfer of franchise rights is not approved by any federal agency or the purchase does not
go forward, Suddenlink is required to continue to provide cable service under the current franchise
agreement.
November 17, 2006, 8:35AM
S:\COUNCIL \Admins\06-07 Admins\suddenlnkcableabandonment.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Hearings
ITEM: ILt. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
November 9, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment No. 06-0464 (Ward 3).
San Joaquin Engineering, Inc., representing CAVU Investment, Ltd. the property owner,
has applied for a general plan amendment on 20.76-acres, located at the southwest corner
of Lake Ming Road and Old Alfred Harrell Highway.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) to
LR (Low Density Residential) on 20. 76-acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the general
plan amendment.
BACKGROUND:
The proposal would allow for the development of 79 single-family dwelling units on the 20.76-acre project
site.
The Planning Commission conducted a public hearing on this general plan amendment and recommended
approval to the City Council on September 21, 2006. JR. .Fendrick and Don and Patti Wilson submitted
comment letters to the Planning Commission dated for September 10, 2006, which are included in the
backup of this item. Patti Wilson addressed the Planning Commission during the public hearing and
stated her concerns with Tract No. 6850. Tract 6850 covers 53.13-acres; this GPA area is a 20. 76-acre
portion of the tract. She also stated concerns with Cherry Lake which is privately maintained within the
condominium community and requests that fencing around the lake be constructed to prohibit access to
the lake from this new project. Correspondence from JR. Fendrick expressed his concerns over traffic,
noise, and environmental impacts from the proposed project. The Commission added conditions no. 14,
15, and 16 to address various concerns raised at the public hearing. Conditions of approval and mitigation
measures which address air quality, cultural resources, traffic, public works, and planning are
recommended as part of the approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on August 15, 2006, in
accordance with CEOA.
ADMINISTRATIVE REPORT
MEETING DATE: November 29, 2006
AGENDA SECTION: Hearings
ITEM: 14.c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
November 15, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0443, Appealed (Ward 6)
Marino/Associates, representing West Coast Investments, Inc. the property owner, has
applied for a general plan amendment and zone change on 28.52-acres located on the
north side of Pacheco Road and west of Akers Road (future). An appeal of the Planning
Commission's decision was submitted by West Coast Investments, Inc.
1. Resolution denying the general plan amendment changing the land use designation
from LI (Light Industrial) to HMR (High Medium Density Residential) on 23.66-acres
and SI (Service Industrial) to HMR on 4.86-acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and
amendment to Zoning Map No. 123-14 from M-1 (Light Manufacturing) to R-2
(Limited Multiple Family Residential) on 10.26-acres and M-2 (General
Manufacturing) to R-2 on 18.2-acres.
RECOMMENDATION:
Staff recommends adoption of resolutions denying the appeal, the general plan amendment and the
ordinance.
BACKGROUND:
The applicant requested that this item be continued to November 29, 2006 due to unexpected
circumstances. The proposal would allow for the development of 400 multi-family dwelling units on the
28.52-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
September 21, 2006, and recommended denial to the City Council. Staff made a presentation of the
proposed project and recommended approval to the Planning Commission. This is an infill project which is
supported by general plan policies as a method to reduce sprawl and utilize land which already has
existing roads, water lines, fire stations and sewer lines. The project site is completely surrounded by
urban uses, including single-family residential to the north and south. There is a railroad line adjacent to
the south and a noise generating concrete plant to the east but both of these uses and attendant noise
impacts can be mitigated thru measures promulgated in the noise analysis. The Planning Commission
denial was based primarily on the proximity of industrial properties located east and west of the site. A
100 foot wide canal (and maintenance roads) separates the site from industrial businesses to the west.
ADMINISTRATIVE REPORT
Page 2
Akers Road (4 lane collector) provides the separation between the subject property and industrial property
(owned by the applicant) to the east. Akers Road is schedule to be constructed in the near future by the
City of Bakersfield including an at grade crossing of the railroad tracks providing access directly from
White Lane to Pacheco Road.
Kristine Boyer, representing Crimson Resource Management, Marty Whitten, representing T.D. Whitten
Construction, Inc. and Asphalt & Concrete, LLC, Angela Carmen Morosa, and Christopher Billington
submitted comment letters to the Planning Department dated for September 12. 2006, September 14.
2006, and September 21, 2006, which are included in he back up of this item. Ms. Boyer addressed the
Planning Commission during the hearing and expressed her opposition to the proposal and stated they
own and operate six oil production wells in the vicinity of the proposed project. She stated that Crimson
would prefer that the land use and zoning not change to residential as it is not compatible and poses
safety issues. Ms. Boyer further requested that their ingress and egress to their oilfield not be
compromised.
Mr. Whitten also addressed the Planning Commission during the public hearing and expressed his
opposition to the proposal and stated his operation located to the east of the project site, maintains a large
construction recycling materials faCility and large equipment for their business. Mr. Whitten stated his
concerns for potential noise, dust, and truck issues due to the nature of the business in the area.
Correspondence from Angela Carmen Morosa expressed her opposition to the proposal and stated that it
would not be compatible with the LI (Light Industrial) and SI (Service Industrial) land use designations
located to east and west of the project site. Ms. Morosa added that any change to the existing land use
and zoning would be in complete contradiction to the Industrial and Business Park concept.
Correspondence from Christopher Billington expressed his opposition to the proposal and stated that
future traffic and residents from the proposed multi-family project would generate potential crime and
encourage future blight within the area.
Planning Commission expressed concerns regarding what the currently zoned industrial owners will do in
the future adjacent to the proposed multi-family residential site. Commission feels they are depriving
present property owners their M-2 (General Manufacturing) zoning rights by granting this proposed multi-
family residential use. Commission also commented on the concrete crushing plant and hazardous
materials near the project site that cannot justify multi-family development and would be more enthusiastic
about supporting the project if the adjacent industrial land use designations were part of the general plan
amendment and zone change. A letter appealing this project was received in the City Clerk's office on
October 2, 2006.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore. a negative declaration was prepared and posted on August 18, 2006. in
accordance with CEQA.
S:\GPA 3rd 2006\06-0443\Staff Reports\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2006
AGENDA SECTION: Consent Calendar
ITEM: \ lD iQ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 17, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Century Building Associates, LLC to purchase real property located at 1600
Truxtun Avenue for $9,500,000. (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City has been exploring various options on how to address the need for additional office space as the
City continues to grow. A number of alternatives were originally considered in the 2002 and 2003. A
memo is attached that outlines the analysis done at that time. Due to budget constraints that arose in
2003 the matter was deferred. However, the City's financial situation has improved and a large number of
positions that were vacant have been filled and new positions have been added creating a need for
additional office space. To address this need in the interim the City has leased approximately 20,000
square feet at 900 Truxtun Avenue and 15,000 square feet at 1600 Truxtun Avenue.
Recently the owners of 1600 Truxtun Avenue (Borton, Petrini & Conron Building) offered to sell their
building to the City for $9,500,000 as-is. An appraisal prepared by Michael Launer, MAl of Launer &
Associates, an independent appraisal firm has valued the property as-is at $11,500,000. The five story
building was constructed in 1990, comprises 55,000 gross square feet and has approximately 142 parking
spaces. Members of the City's Building, General Services, Parks, Communications, and Information
Technology Divisions conducted the City's due diligence. A summary of their finding is attached.
The City currently leases 1 % floors of this building for various City functions. The other 3 % floors are
leased by others. The City will move into those areas as their current lease terms expire. Attached for
your reference are various memorandums outlining the lease terms and financial impacts of the purchase.
The salient terms of the purchase are:
Purchase price: $9,500,000 cash at closing
Closing costs: normal Kern County split
Closing date: on or before December 31,2006
Seller leaseback: Seller can leaseback for up to two years
Lease terms: same as City's current lease
November 17, 2006, 3:20PM
P:\MyFiles\Admin Reports\BP .doc
DMAls
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 15, 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 5:17 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 25, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from October 13,
2006 to November 2, 2006 in the amount of
$17,776,529.40 and self-insurance payments from
October 13, 2006 to November 2, 2006 in the
amount of $366,649.93.
Ordinances:
c.
First Reading of Ordinance amending Section
16.16.060(a) of the Municipal Code relating to
hearing notice requirements for tentative maps; and
Section 17.64.050(b) relating to hearing notice
requirements for general plan amendments, specific
plans or zone changes.
FR
3.
Bakersfield, California, November 15, 2006 - Page 2
CONSENT CALENDAR continued
ACTION TAKEN
d.
FR
First Reading of Ordinance amending Municipal
Code Sections 1.12.040, 1.12.010, 1.12.050
and 1.12.070 by adding Annexation No. 473
consisting of 60.71 acres located west of
Calloway Drive, generally north of Snow Road;
Annexation No. 478 consisting of 97.35 acres
located on the east side of Calloway Drive, generally
north of Snow Road; and Annexation No. 489
consisting of 1.68 acres located south of Rosedale
Highway, west of EI Toro Viejo Road to Ward 4;
Annexation No. 487 consisting of 41.64 acres
located east and west of Madison Street, near Belle
Terrace; and Annexation No. 497 consisting of
106.21 acres located at the northeast corner of
Berkshire Road and South Union Avenue to Ward 1;
Annexation No. 468 consisting of 121.90 acres
located north and south of McCutchen Road,
east and west of Progress Road; and Annexation
No. 502 consisting of 45.69 acres located at the
southeast corner of Panama Land and Buena Vista
Road to Ward 5; and Annexation No. 488 consisting
of 16.70 acres located generally south of McKee
Road, west of Freeway 99 to Ward 7.
Adoption of Ordinance approving a Negative
Declaration and amending Chapter 17.66
of the Municipal Code relating to HD, Hillside
Development Combining Zone.
ORD 4391
e.
Resolutions:
Resolution adopting amended Conflict of Interest
Code for City departments.
g. Sewer Connection Fee Assessments:
RES 281-06
f.
1.
Resolution confirming assessment for sewer
connection fee and authorizing the
collection of assessment by the Kern County
Tax Collector.
Agreement with Dana Hunt to pay sewer
connection fee in installments and notice of
special assessment lien for 6610 Betty
Street.
Agreement with Castillo Jorge Aguilar to pay
sewer connection fee in installments
and notice of special assessment lien for
1809 Wade Avenue.
AGR 06-329
RES 282-06
2.
AGR 06-328
3.
Bakersfield, California, November 15, 2006 - Page 3
3. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution approving the submittal of an application RES 283-06
to the U. S. Department of the Interior/Bureau of
Land Management for lease and future conveyance
of a 40-acre parcel in Northeast Bakersfield through
the Recreation and Public Purposes Act.
i. Sale of Real Property:
1. Resolution declaring real property located at RES 284-06
5221 Barley Harvest Avenue surplus to
the needs of the City.
2. Agreement with Lennar Homes of California, RES 06-330
DEED 6586
Inc., ($75,000) to purchase property located
at 5221 Barley Harvest Avenue.
j. Resolution approving request to file extension of RES 285-06
time with State of California, Department of
Transportation, for Mohawk Street Grade
Separation funds.
k. Emergency Asbestos Abatement at City Hall:
1. Amendment NO.1 to Resolution No. 266-06 RES 266-06(1)
dispensing with bidding procedures due
to emergency asbestos abatement in the
ventilation system at City Hall, increasing
the not to exceed amount from $175,000 to
$239,000.
2. Appropriate and transfer $64,000 General
Fund Balance to the General Services
Capital Improvement Budget within the
Capital Outlay Fund.
3. Amendment No.1 to Agreement No. 06-309 AGR 06-309(1)
with A.S.I., Inc. ($54,000; total not to
exceed $104,000) to abate the asbestos
contamination and clean ducts.
I. Resolution adding territory, Area 4-64 (8th, R NW) to RES 286-06
the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
m. Resolution adding territory, Area 5-30 RES 287-06
(Berkshire, S Union NW) to the Consolidated
Maintenance District and confirming the
assessments by the Kern County Tax
Collector.
3.
Bakersfield, California, November 15, 2006 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
n.
Resolution of Intention No. 1491 to add territory,
Area 3-58 (Panama, Gosford SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1491
Agreements:
o.
Final Map and Improvement Agreements with
Granite Pointe Estates, LLC for Tract 6226
located off Hosking Avenue, east of Wible Road.
AGR 06-331
AGR 06-332
p.
License Agreement with Kern Water Bank Authority
($1.00) to operate and maintain a 54 inch pipeline of
the James Canal Siphon within the City right of way
of Panama Lane.
AGR 06-333
AGR 06-334
q.
Agreement with Southern California Gas Company
($127,705) for relocation of existing gas line facilities
at northeast corner of Calloway Drive and Brimhall
Road.
r.
Agreement with Muxlow Construction ($50,000;
Community Development Block Grant funds) to
provide handicap accessibility improvement services
to qualified low-income residents.
AGR 06-335
AGR 06-336
s. Agreement with Bakersfield Rescue Mission
($60,880; Emergency Shelter Grant fundS) to
support the operating costs necessary to continue
services at the Bakersfield Rescue Mission, 830
Beale Avenue.
t.
Agreement with Ft. Dearborn Life Insurance
Company for employee life insurance.
AGR 06-337
u.
Agreement with Foxcreek Properties, LLC
($92,463.35) to reimburse costs for right of way
acquisition and engineering plan preparation for
Brimhall Road widening east of Calloway Drive.
AGR 06-338
Bakersfield, California, November 15, 2006 - Page 5
3. CONSENT CALENDAR continued ACTION TAKEN
v. Road Improvements along the southeast corner of
Allen Road and Ming Avenue:
1. Agreement with Castle & Cooke California, AGR 06-339
Inc. (not to exceed $1,000,000) to
reimburse costs for road improvements.
2. Transfer $1,000,000 from Capital
Improvement Project (Street Improvement-
Hosking Road widening project) to this
project within the Transportation
Development Fund.
w. Agreement with Kern-HHR Partners ($156,780) to AGR 06-340
reimburse costs for street improvements on Coffee
Road from the Friant Kern Canal to Downing
Avenue.
Agreement with Canyon Capital, Inc. ($282,550) to AGR 06-341
x.
reimburse costs for relocation of 15" sewer main on
Hughes Lane.
Memorandum of Understanding with United States AGR 06-342
y.
Postal Service to relocate driveway at 5800 Auburn
Drive to facilitate construction of the State Route
178 and Fairfax Interchange Project.
Amendment No. 1 to Agreement No. 05-326 with AGR 05-326(1)
z.
L.N. Curtis & Sons ($80,000; revised not to exceed
$160,000) extending the term for one year for
protective jackets and trousers for structural
firefighting.
AGR 06-343
aa. Amendment No.1 to Agreement No. RP06-170 with
ABM Ventures (not to exceed $50,000) for
installation of additional rubberized surfacing at
Westwold Park.
Bakersfield, California, November 15, 2006 - Page 6
3. CONSENT CALENDAR continued ACTION TAKEN
bb. Wastewater Treatment Plant Projects:
1. Amendment NO.3 to Agreement No. 04-214 AGR 04-214(3)
with Parsons Water and Infrastructure
($2,533,469.00, total amount $10,549,717)
for design services of Wastewater
Treatment Plant No. 3 - 2007 Expansion
Project and odor control at Wastewater
Treatment Plant No. 2 Project.
2. Appropriate $444,870 Sewer Enterprise
Fund Balance (Wastewater Treatment Plant
No.2) to the Public Works Capital
Improvement Budget to fund the Plant 2 odor
control portion of the amendment.
cc. North Chester Avenue Bridge over the Kern River
Replacement Project:
1. Contract Change Order Nos. 7 and 10 to AGR 06-028 CC07
Agreement No. 06-028 with Granite AGR 06-028 CC010
Construction Company ($12,495.00 and
$14,440 respectively; revised not to exceed
$6,451,753.00) for the project.
2. Appropriate $314,598 Federal Bridge
Replacement Funds to the Public Works
Capital Improvement Budget within the
ISTEA Fund for the project.
dd. Contract Change Order NO.2 to Agreement No. 06- AGR 06-111 CC02
111 with A.C. Electric Co. ($20,050; revised not to
exceed $518,253) for the Traffic Signal Interconnect
Project - Part 3 on Planz Road between Wible Road
and Hughes Lane, Truxtun Avenue at Oak Street
and White Lane at Saddle Drive.
Bids:
99.
Accept bids from DDL Traffic, Inc. ($69,980.63),
McCain, Inc. ($194,088.02) and Western
Communications Supply, Inc. ($296,905.54) for
signal equipment.
Accept bid and award annual contract to Valley
Printers (not to exceed $60,000) for printing the
Recreation brochure.
Accept bid and award annual contract to Valley
Pacific Petroleum (not to exceed $4,000,000)
for fuel.
AGR 06-344
ee.
ff.
AGR 06-345
Bakersfield, California, November 15, 2006 - Page 7
3.
CONSENT CALENDAR continued
ACTION TAKEN
hh.
Accept bid and award contract to Kern County
Construction, Inc. ($394,482) for one domestic
water well block pump house, CBK-46, located at
8217 Stonecrest Way, in the vicinity of Mountain
Ridge Drive and McCutchen Road.
Accept bid and award contract to Teichert
Construction ($3,187,115) to construct 72" sewer
main from Wastewater Treatment Plant NO.2 to
Oswell/Red bank.
AGR 06-346
ii.
AGR 06-347
Miscellaneous:
jj. Acceptance of 2004-05 Transportation Development
Act Funds Financial Statement.
kk. Conversion of vacant Clerk Typist positions to
Senior Records Clerk, Accounting Clerk and
Crime Analyst for the Police Department.
II. Appropriate $15,000 additional facility/exclusivity
use revenue from Pepsi Bottling Company to the
Recreation and Parks Department Operating Budget
(per Agreement No. 02-009) for programs at Dr.
Martin Luther King, Jr. and Silver Creek Community
Centers.
mm. Appropriate $6,800 State CAL-MMET Grant
Revenues to the General Fund Police Operating
Budget to purchase one Pen-Link software license.
nn. Appropriate $502,165 State Grant Revenues (STEP
Grant from Office of Traffic Safety) to the General
Fund Police Operating Budget to fund overtime for
traffic enforcement strategies and purchase
equipment for the Traffic Division.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 3.a. through 3.nn.
4. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No. 06-
0377; Hendricks Engineering, representing
Knittel Bros., General Partnership, Patsy Stacy and
Dorothy A. Lowry (property owners) has applied for
a general plan amendment and zone change on
approximately 75.2 acres located south of E.
Panama Lane and east of Cottonwood Road, at the
southeast corner of Cottonwood Road and the
Arvin-Edison Canal.
APPROVED
4.
Bakersfield, California, November 15, 2006 - Page 8
CONSENT CALENDAR HEARINGS continued
Item 4.a. continued
b.
ACTION TAKEN
1.
RES 288-06
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate) to LR (Low
Density Residential) on 75.2 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
124-28 from R-S-20A (Residential Suburban
20-acre minimum lot size) to R-1 (One
Family Dwelling) on 75.2 acres.
FR
2.
General Plan AmendmenUZone Change No. 05-
1887; Marino/Associates, representing Mel
Heinemann and Jack & Nuha Haddad (property
owners) has applied for a general plan amendment
and zone change on 39.29 acres located at the
southwest corner of East Planz Road and
Washington Street (future).
CONTINUED TO
NEXT GPA CYCLE
c. General Plan AmendmenUZone Change No. 06-
0349; Cornerstone Engineering, Inc., representing
Jack Hood and Hazel Mary Hobba (property owner)
has applied for a general plan amendment and zone
change on 20.03 acres located on the north and
south sides of Panorama Drive (future),
approximately'!i.l mile west of Vineland Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing land use designation
from R-MP (Resource-Mineral Petroleum)
to LR (Low Density Residential) on 13.84
acres and HMR (High Medium Density
Residential) on 6.19 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zone Map No. 104-18 from R-1 (One Family
Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 6.19 acres.
FR
AS COUCH
RES 289-06
AS COUCH
2.
Bakersfield, California, November 15, 2006 - Page 9
4.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
d. General Plan Amendment/Zone Change No. 05-
0465; San Joaquin Engineering, representing Kern
County Housing Authority, James Pinkerton, John
Gonzalez & Beverly Yates, Jose Alfredo Gonzalez,
Jim Pinkerton Broker, Inc. and Charles Hayes
(property owners) has applied for a general plan
amendment and zone change on approximately 200
feet south of Columbus Street.
1.
RES 290-06
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to HR (High Density Residential) on 1.4
acres and HMR (High Medium Density
Residential) on 1.4 acres and HMR (High
Medium Density Residential) on 3.8 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zoning Map NO.1 03-21 from C-2 (Regional
Commercial) to R-3 (Multiple Family
Dwelling) on 1.4 acres and R-2 (Limited
Multiple Family Dwelling) on 3.8 acres.
FR
e. General Plan Amendment/Zone Change No. 05-
1271; Mcintosh & Associates representing S&J
Alfalfa, Inc. and Mountain View Bravo, LLC
(property owners) has applied for a general
plan amendment and zone change on
approximately 26.6 acres located along the north
side of Highway 178, west of future extension of
Vineland Road, south of Paladino Drive and east
Morning Drive.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HR (High Density
Residential) to LR (Low Density Residential)
on 7.35 acres, HR to LMR (Low Medium
Density Residential) on 16.12 acres, and LR
to LMR on 3.16 acres.
RES 291-06
4.
Bakersfield, California, November 15, 2006 - Page 10
CONSENT CALENDAR HEARINGS continued
Item 4.e. continued
f.
ACTION TAKEN
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map
Nos. 104-18 and 104-19 from R-3 (Multiple
Family Dwelling) to R-1 (One Family
Dwelling) on 7.35 acres, R-3 to R-2 (Limited
Multiple Family Dwelling) on 16.12 acres and
R-1 to R-2 on 3.16 acres.
FR
Public Hearing to consider appeal by James B.
Wiens, Clifford & Brown, representing Mr. &
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
2-7-07 MEETING
g. General Plan Amendment/Zone Change No. 05-
1933; ADA VCO, representing Bidart Bros. (property
owner) has applied for a general plan amendment
and zone change on approximately 24 acres located
on the east and west of sides of Coffee Road,
approximately 460 feet north of Etchart Road, and
west of the Beardsley Canal.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on
approximately 12 acres and LMR (Low
Medium Density Residential) on
approximately 12 acres.
RES 292-06
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zoning Map Nos. 102-04 and 102-05 from A
(Agricultural) to R-1 (One Family Dwelling)
on approximately 12 acres and R-2/PUD
(Limited Multiple Family Dwelling/Planned
Unit Development) on approximately 12
acres.
FR
Bakersfield, California, November 15, 2006 - Page 11
4. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
h. General Plan Amendment/Zone Change No.
06-0435, Plan Review for P.C.D. No. 06-
0435 and Modification to P.C.D. No. 05-
1227; Porter-Robertson Engineering &
Surveying, representing David Wilson
(property owner) has applied for a general
plan amendment, zone change and P.C.D.
Plan Review on 2.5 acres located on the
north side of Brimhall Road, approximately
1/8 mile west of Calloway Drive and P.C.D.
Modification of 7.5 acres located at the
northwest corner of Calloway Drive and
Brimhall Road.
1. Resolution approving the Negative RES 293-06
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to OC (Office Commercial) on 2.5 acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
102-30 from R-S-2.5A (Residential Suburban
2.5 Acre Minimum Lot Size) to C-O/PCD
(Professional and Administrative Office
Zone/Planned Commercial Development) on
2.5 acres.
3. Resolution adopting P.C.D. No. 06-0435 RES 294-06
Plan Review to establish a Preliminary
Development Plan and architectural style for
a new multiple tenant commercial office
development on 2.5 acre site.
RES 295-06
4. Resolution adopting P.C.D. No. 05-1227
Plan Modification to conditionally eliminate
the requirement to construct a block wall
along the western boundary of the subject
property to facilitate the construction of an
integrated commercial office development
on the subject property and adjoining P.C.D.
No. 06-0435 site.
i. General Plan Amendment/Zone Change No. 06-
0456; Maurice Etchechury, representing Old River
Land Company (property owner) has applied for a
general plan amendment and zone change on
approximately 41 acres located at the northeast
corner of McCutchen Road and Ashe Road.
Bakersfield, California, November 15, 2006 - Page 12
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
Item 4.i. continued
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 25.71
acres and LR (Low Density Residential)
on 15.49 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
123-27 from A-20A (Agricultural 20 acre
Minimum Lot Size) to M-1 (Light
Manufacturing) on 25.71 acres and R-1 (One
Family Dwelling) on 15.49 acres.
RES 296-06
2.
FR
j. General Plan Amendment/Zone Change No. 06-
0463; SmithTech/USA, Inc., representing Pascoe
Family Investments, LLC (property owner) has
applied for a general plan amendment and zone
change on 80 acres located on the north side of
McCutchen Road approximately 1f4 mile west of
Ashe Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 41
acres and LMR (Low Medium Density
Residential) on 39 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
123-28 from A (Agriculture) to M-1 (Light
Manufacturing) on 41 acres and R-2 (Limited
Multiple Family Dwelling) on 39 acres.
RES 297-06
2.
FR
Bakersfield, California, November 15, 2006 - Page 13
4.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
k.
Public Hearing to consider Resolution of Necessity
to consider the acquisition by eminent domain of
access rights owned by the Irwin Y. E. and Cecilia
C. Chu Trust, located at 5820 Auburn Street, for the
State Route 178 and Fairfax Interchange.
RES 298-06
Hearing opened at 5:19 p.m.
No one spoke.
Hearing closed at 5:20 p.m.
Motion by Vice-Mayor Maggard to Consent Calendar
Hearing items 4.a. through 4.f., with the continuance of
item 4.b. to the next GPA cycle and item the
continuance of item 4.f. to February 7, 2006.
APPROVED
5. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b )(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:21 p.m.
APPROVED
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 5:42 p.m.
APPROVED
Bakersfield, California, November 15, 2006 - Page 14
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
6. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
a. Introduction of Student Body Representatives
participating in the 52nd consecutive "Teen City
Government Day":
Amanda Morley, South High School, Elisse Wolfe,
Bakersfield Christian High School, Mike Choe,
Golden Valley High School, Katrina Berry,
Bakersfield High School, Jeff Hatcher, Centennial
High School, Danae Damron, East Bakersfield High
School, Chelsea Horath, Foothill High School, Gabbi
Chee, Garces High School, Nick Simons, Stockdale
High School, Nick Northrop, North High School,
Matthew Cuellar, Ridgeview High School and
Stephanie Chavez, West High School.
7. INVOCATION by Rabbi Paul Gordon, Bnai Jacob.
8. PLEDGE OF ALLEGIANCE by Becky Baker, 4th Grade
Student at Colonel Nichols School.
9. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
City Attorney Gennaro announced Council would
re-convene Closed Session after Mayor and
Council Statements time permitting. If time does not
allow the issue will be continued to the next Council
meeting.
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
NO REPORTABLE
ACT/ON
Bakersfield, California, November 15, 2006 - Page 15
9.
CLOSED SESSION ACTION continued
ACTION TAKEN
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.
STAFF GIVEN
DIRECTION
City Attorney Gennaro stated for the record, "On
September 13, 2006, the City Council voted
unanimously to authorize settlement in an existing
litigation matter known as Peel versus the City of
Bakersfield in an amount no to exceed our self insured
retention fund."
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
representatives from the Sikh community,
proclaiming November 19, 2006, as "Sikh Parade
Day".
Nazar Kooner accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of Retirement Plaque
and gift certificate to George Gonzales, Community
Development Coordinator, Community
Development.
Mike Henderson from the Bakersfield Rescue
Mission presented a plaque.
George Gonzales accepted the plaque and
certificate and made comments.
Vice- Mayor Maggard congratulated Mr. Gonzales.
11. PUBLIC STATEMENTS
a. Jay Gauthier spoke regarding block wall standards
along roadways.
Councilmember Benham requested the Planning and
Development Committee address the issue of revising
existing standards for block walls along roadways.
b. Clay Maynard and Marilyn Wilkins Maynard spoke
regarding the Hillside Ordinance.
Recess taken from 7:13 p.m. to 7:19 p.m.
Bakersfield, California, November 15,2006 - Page 16
ACTION TAKEN
Mayor Hall recognized Boy Scout Troop 125 from
St. Francis School and Councilmember-elect from
Ward 3, Ken Weir.
12. HEARINGS
a. General Plan AmendmenUZone Change No. 05-
1428; Pinnacle Engineering, representing Sikander
Singh & Daljeet Kaur Jassar (property owners) has
applied for a general plan amendment and zone
change on 100 acres located on the south side of
East Panama Lane, ~ mile east of Cottonwood
Road. Pinnacle Engineering has appealed the
Planning Commission decision.
1.
Resolution approving the Negative
Declaration, denying the appeal and
adopting the general plan amendment
changing the land use designation from ER
(Estate Residential) to LR (Low Density
Residential) on 100 acres.
RES 299-06
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 and Zone Map No. 124-28 from R-S-20A
(Residential-20 acre Minimum) to R-1 (One
Family Dwelling) on 10 acres.
FR
Development Services Director Grady made staff
comments.
Hearing opened 7:22 p.m.
Matt Hovella, Pinnacle Engineering, spoke in favor
or the staff recommendation.
Hearing closed at 7:24 p.m.
Motion by Councilmember Carson to adopt the
Resolution and give first reading to the Ordinance.
APPROVED
b.
General Plan AmendmenUZone Change No. 05-
1947; Banducci Land, LLC (property owner) has
applied for a general plan amendment and zone
change on approximately 46 acres located at the
northwest corner of Gosford Road and McKee Road
(future). Brent Dezember has appealed the
Planning Commission decision.
CONTINUED TO
NEXT GPA CYCLE
Bakersfield, California, November 15, 2006 - Page 17
12.
HEARINGS continued
Item 12.b. continued
ACTION TAKEN
1. Resolution approving the Negative
Declaration, upholding the appeal modifying
conditions of approval and adopting the
general plan amendment changing the land
use designation from R-IA (Resource-
Intensive Agriculture) to LR (Low Density
Residential) on approximately 46 acres.
2. First Reading of Ordinance approving the.
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
123-32 from A (Agriculture) to R-1 (One
Family Dwelling) on approximately 46 acres.
City Clerk McCarthy announced correspondence
was received from Banducci Land requesting this
item be continued to the next GPA cycle.
Development Services Director Grady made staff
comments.
Hearing opened at 7:26 p.m.
No one spoke.
Hearing closed at 7:26 p.m.
Motion by Councilmember Hanson to continue the
matter to the next GPA cycle.
APPROVED
c.
General Plan Amendment/Zone Change 06-0443;
Marino/Associates, representing West Coast
Investments, Inc. (property owner) has applied for a
general plan amendment and zone change on 28.52
acres located on the north side of Pacheco Road
and west of Akers Road (future). West Coast
Investments has appealed the Planning
Commission decision.
1. Resolution denying the general plan
amendment changing the land use
designation from LI (Light Industrial) to HMR
(High Medium Density Residential) on 23.66
acres and SI (Service Industrial) to HMR on
4.86 acres.
CONTINUED TO
11-29-06
Bakersfield, California, November 15, 2006 - Page 18
12.
HEARINGS continued
Item 12.c. continued
ACTION TAKEN
2. Resolution denying the amendment to Title
17 of the Municipal Code and Zone Map
No. 123-14 from M-1 (Light Manufacturing)
to R-2 (Limited Multiple Family Residential)
on 10.26 acres and M-2 (General
Manufacturing) to R-2 on 18.2 acres.
City Clerk McCarthy announced correspondence
was received from Ken Allen in opposition to the
approval of this item; additionally, correspondence
was received from West Coast Investments
requesting this item be continued to the November
29, 2006 Council meeting.
Staff comments by Development Services Director
Grady.
Hearing opened at 7:28 p.m.
No one spoke.
Motion by Councilmember Sullivan to continue the
issue to the November 29, 2006 Council meeting.
APPROVED
13. REPORTS
a.
Presentation regarding Mill Creek Linear Park Vision
Plan.
NO REPORTABLE
ACTION
EDCD Director Kunz gave a computer presentation,
furnished handouts and introduced John Miller, Mill
Creek Project Manager, who gave an overview of
the project and Richard Meyer, Meyer Civil
Engineering, who was available to answer technical
questions.
b. Report regarding possible purchase of the Borton,
Petrini and Conron Building.
Motion by Councilmember Benham to move forward to
formalize the purchase Agreement and present it to
Council before the end of the year.
APPROVED
Bakersfield, California, November 15, 2006 - Page 19
14.
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Councilmember Benham requested staff respond to an
issue regard gutters at 2200 A Street.
Councilmember Benham requested the Legislation and
Litigation Committee address a proposed ordinance
change that would exempt certain categories of
veterans from parking restrictions.
Councilmember Scrivner thanked staff for responding to his
referrals.
Councilmember Scrivner requested the Legislation and
Litigation Committee address the issue of increasing
fines for parking semi-trucks in residential
neighborhoods.
Councilmember Carson thanked staff for responding to her
referrals.
Councilmember Carson requested staff provide
information regarding the feasibility of paving the alley
at 245 W' Street and removing fence at this location.
Councilmember Carson thanked the voters for her
re-election.
Councilmember Sullivan requested the Community
Services Committee address concerns regarding
graffiti and planning issues.
Councilmember Sullivan requested staff repair the
canal fence behind Castle school.
Councilmember Sullivan requested staff provide
information regarding the time frame for resurfacing of
Edmonton St.
Councilmember Sullivan requested staff increase
enforcement against illegal flower street vendors.
Councilmember Sullivan requested staff provide
additional trash receptacles for next year's Veterans
Day Parade.
Councilmember Sullivan requested staff provide a
status update to the Community Services Committee
regarding Christmas decorations.
Bakersfield, California, November 15, 2006 - Page 20
14.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan requested information be
provided at the next Community Services Committee
meeting regarding landscaping policy requirements on
surrounding walls at new developments; additionally
report on the feasibility of planting shrubs along the
wall on the north side of Panama Ln.
Council member Hanson requested information regarding
the cost of the Mill Creek Project. City Manager Tandy
responded.
Councilmember Hanson made comments regarding the
proposed Federal Courthouse.
Council member Hanson requested staff contact him
regarding a traffic signal at Buena Vista and Panama Lane.
Councilmember Hanson made comments regarding the
cost of the Fairfax Rd. and Hwy. 178 interchange.
Councilmember Hanson extended congratulations to SMG
and the City on improvement of the financial status of
Rabobank Arena.
Councilmember Couch congratulated Councilmembers who
were re-elected and to Councilmember-elect representing
Ward 3, Ken Weir.
Councilmember Couch requested staff repair potholes
on Camino Media east of Old River.
Councilmember Couch requested staff provide an update
regarding Shatter's response regarding the projected
source of water supplies. City Manager Tandy responded.
Councilmember Couch requested staff provide
information on the City Ordinance as it relates to home
occupancy permits and federal firearms licenses and
provided contact information.
Councilmember Couch requested the City Clerk
provided a copy of his ethics training certification to
LAFco and KERNcog.
Councilmember Couch requested staff review and submit
possible nominees for the KERNcog Regional Awards
Program and provided forms.
Vice-Mayor Maggard made comments regarding Teen
Government Day.
Bakersfield, California, November 15, 2006 - Page 21
14.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Vice-Mayor Maggard requested information regarding
replacement of the bikepath gate at Paladino and Morning
Dr. Public Works Director Rojas responded.
Vice-Mayor Maggard requested staff address the issue
of semi-trucks parking near Walmart in northeast
Bakersfield.
Vice-Mayor Maggard made comments regarding the
election.
Mayor Hall invited the community to attend the Sikh parade
on Sunday.
Motion by Vice-Mayor Maggard to adjourn the meeting
back to Closed Session at 9:20 p.m.
APPROVED
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 9:56 p.m.
APPROVED
9. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
City Attorney Gennaro announced staff was directed to
return to City Council with an amendment to the City
Attorney's contract to provide for car and salary
adjustments identified in most recent MOU approved
for City's Management Group effective December 2005
and December 2006; staff was also directed to add an
administrative assistant to the City Attorney's staff
compliment effective January 1, 2007.
15. ADJOURNMENT
Vice-Mayor Maggard adjourned the meeting at 9:58
p.m. in memory of Lueether Ward.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield