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HomeMy WebLinkAbout11/29/06_CC_AGENDA_PACKET 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 5 , C:-'.'Il:,-..:!:t'?:-I ~ .' ~* ~.::,~ 'If, "-,)'",\ 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. ~ 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. # 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 t/c;- 1/& VG:do S:\COUNCIL\CI Sess\Admins\06-07\11-29-06ReaPropNeg.doc 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 tiC; v& 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 S:\MAYOR\ADMIN\2006\DR NORMAN LEVAN DAY.dot 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