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HomeMy WebLinkAbout03/14/07_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MARCH 14, 2007 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. PUBUC STATEMENTS (Regarding Workshop and Closed Session Item(s) only during this portion of the meeting) 3. WORKSHOPS a. Status Report on Thomas Roads Improvement Program (TRIP). Staff recommends acceptance of report. 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Wanda Grant, et al v City, et al. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Chaplain Gary Bashor, Rosewood Retirement Community 7. PLEDGE OF ALLEGIANCE by Elias Salas, 4th Grade Student at Horace Mann Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. Wilbur Suesberry, President of Kern County Medical Society, and Mrs. Joel Cohen, President of Kern County Medical Society Alliance, proclaiming March 30, 2007, as Doctor's Day. b. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 12-16,2007, as Adult Education Week. 10. PUBUC STATEMENTS 11. APPOINTMENTS a. Vice-Mayor Appointments to Kern Economic Development Corporation (KEDC), Local Agency Formation Commission (LAFCO) Alternate and Kern COG for 2007-2008. Staff recommends Vice-Mayor determination and ratification by Council. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 28,2007 Regular City Council Meeting. Payments: b. Approval of department payments from February 16, 2007 to March 1, 2007 in the amount of $11,139,682.08 and self-insurance payments from February 16, 2007 to March 1, 2007 in the amount of $208,850.08. 12. CONSENT CALENDAR continued (Ward 1) (Ward 1) (Ward 3) e. (Ward 1,3,4,5,6)* f. (Ward 1) (Ward 5) . - upon annexation Ordinances: c. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 123-2) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-O PCD (Professional and Administrative Office-Planned Commercial Development) on .86 acres located at the northwest corner of S. Real Road & Elcia Drive. (ZC 06-2038) (Applicant: Stephen Hawkins P.E./ Property Owner: Gartner Family Trust) Adoption of Ordinance amending Section 17.06.020 (Zone Map 124-16) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40 acres located on the northwest corner of E. White Lane & Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner: Cottonwood Villas) (FR 02/28107) Adoption of Ordinance amending Section 17.06.020 (Zone Map 103-13) of the Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling-Church Overlay) to R-1 (One Family Dwelling) on .66 acre located on the south side of Paladino Avenue approximately ~ mile west of Morning Drive. (ZC 06-1931) (Applicant: Thomas D. Sholin/Property Owner: Paladino West, LLC) (FR 02/28107) Adoption of Ordinance amending Municipal Code Sections 1.12.010, 1.12.030, 1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 481 consisting of 127.39 acres located south of Panama Lane, east of S. Union Avenue and Annexation No. 524 consisting of .24 acres located east of Hughes Lane, south of Highway 58 to Ward 1; Annexation No. 541 consisting of 6.67 acres located near entrance to Kern River Golf Course, near Lake Ming Road & Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres located south of Panama Lane, generally east & west of Buena Vista Road, Annexation No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation No. 518 consisting of 2081 .80 acres located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation No. 527 consisting of 81.06 acres located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation No. 534 consisting of .72 acres located north of Belle Terrace, south of Blomquist, east of McDonald Way to Ward 6. (FR 02/28107) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 124-16 & 124-28) by changing the zoning from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres located at the southwest corner of E. Planz Road & Washington Street (future) and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres located at the southeast corner of Cottonwood Road & E. Berkshire Road (future). (GPA/ZC 06-2022) (Applicant: Mel Heinemann/Property Owners: Mel Heinemann, Jack & Nuha Haddad, City) (FR 02/28107) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 122-24) by changing zoning from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres located at the northeast corner of Panama Lane & S. Allen Road (GPA/ZC 06-0925) (Applicant: Mcintosh & Assoc/Property Owners: John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr. Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr.) (FR 02/28107) d. g. h. 2 City Council Meeting of 03/14/2007 (Ward 3) 12. CONSENT CALENDAR continued (Ward 3) (Ward 3) (Ward 3) (Ward 3) (Ward 4)* (Ward 5,6)* (Ward 6)* . - upon annexation i. j. k. I. m. n. o. p. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map Nos. 104-17 & 104-20) by changing the zoning from C-2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 37.74 acres and R-1 (One Family Dwelling) to R-2/PUD on 9.51 acres located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive & west of Canteria Drive. (GPA/ZC 06-0940) (Applicant: Mcintosh & Assoc/Property Owner: Mountain View Bravo, LLC) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 103-22) by changing the zoning from PUD (Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 5 acres and R-1-CH (One Family Dwelling/Church Combining) to R-2 on one acre located along the north side of Bernard Street approximately 900 feet west of Oswell Street. (GPA/ZC 06-0668) (Applicant: Joseph Gergen/Property Owner: Church of Christ of East Bakersfield) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 104-18) by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 10 acres located on the west side of Vineland Road, north & south of Panorama Drive. (GPA/ZC 06-0544) (Applicant: Third Day I nvestments Group/Property Owners: Third Day Investments Group, Roger C. Alfred, Michael Hawkins, Iva Hawkins, Dark Investments, LLC, RAM Financial Services, Inc.) (FR 02/07/07) Adoption of Ordinance amending Title 17 of the Municipal Code (Zone Map 104-21) by changing the zoning from RH (Residential Holding) to R-1/PUD (One Family Dwelling/ Planned Unit Development) on 217 acres, R-2/PUD (One Family Dwelling/Planned Unit Development) on 326 acres and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 91 acres located east of Kern Canyon Road (Highway 184), approximately 1 ~ miles north of Breckenridge Road, between the future extension of Edison Road on the west and Comanche Drive to the east. (GPA/ZC 06-0961) (Applicant: Sikand Engineering/ Property Owners: Sky 21, LLC and Northeast 21 Ventures, LLC) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 104-07) by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 20.5 acres located on the north side of Morning Drive approximately 1A mile north of the Paladino Drive/Morning Drive intersection. (GPA/ZC 06-1018) (Applicant/Property Owner: Cal-Kern Development III, LLC) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 102-05) by changing the zoning from E (Estate Residential) to R- 1 (One Family Dwelling) on 39.41 acres located on the north side of Etchart Road, between Calloway Drive and Coffee Road. (GPA/ZC 06-1692) (Applicant: Adavco, Inc.lProperty Owner: Bidart Brothers, LLC) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 123-31) by changing the zoning from A (Exclusive Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 16.5 acres and C-O (Professional and Administrative Office) on 5 acres generally located at the northeast corner of Taft Highway and Buena Vista Road. (GPA/ZC 06-0535) (Applicant: Dave Dmohowski/Property Owner: John Bianchi) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 142-03) by changing the zoning from R-S-20A (Residential Suburban-20 acres minimum) to R-2 (Limited Multiple Family Dwelling) on 20 acres located at the southeast corner of Taft Highway and Ashe Road. (GPA/ZC 06-0938) (Applicant: Mcintosh & Assoc for Centex Homes/Property Owner: Tommye Joe Baroncini) (FR 02/07/07) 3 City Council Meeting of 03/14/2007 (Ward 4)* 12. CONSENT CALENDAR continued q. (Ward 5,6)* (Ward 4)* t. (Ward 1,3,5,7) U. (Ward 5) (Ward 3) ry./ard 3) (Ward 3) ry./ard 3) (Ward 3) . - upon annexation Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 101-23) by changing the zoning from County A (Agriculture) to E (Estate) on 11.54 acres and R-1-CH (One Family Dwelling/Church) on 8.46 acres located along the north side of Rosedale Hwy. approximately 660 feet west of Allen Road. (GPA/ZC 06-1037) (Applicant: Cornerstone Engineering/Property Owner: Christ Cathedral Church) (FR 02/07/07) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 123-29) by changing the zoning from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 99.5 acres generally located north of McCutchen Rd. between Old River Rd, to the west & Progress Rd. to the east. (GPA/ZC 06-1014) (Applicant: Lusich Company/Property Owner: Old River Road, LLC) (FR 02/07/07) Resolutions: r. s. Resolution appointing Agent to represent the City in filing claims with the California Office of Emergency Services. v. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 565 consisting of 91.65 acres located north of Etchart Road, west of the Beardsley Canal. Resolutions adding the following territories 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. 1. Area 3-64 (Panama, Buena Vista SW) 2. Area 3-65 (Hughes, McKee SW) 3. Area 4-71 (Edison, Chase) 4. Area 5-33 (Belle Terrace, Madison SE) Resolution of Intention No. 1513 to add territory, Area 3-45 (Panama, Buena Vista SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1514 to add territory, Area 1-68 (Patton, Meany SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1517 to add territory, Area 4-48 (College, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1518 to add territory, Area 4-72 (Paladino, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1519 to add territory, Area 4-73 (Mira Monte, 178 SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1520 to add territory, Area 4-74 (Mt. Vernon, Columbus SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. x. y. z. aa. 4 City Council Meeting of 03/14/2007 (Ward 1) 12. CONSENT CALENDAR continued bb. Resolution of Intention No. 1522 to add territory, Area 5-34 (Panama, Madison S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Revised Job Specification and change to Salary Schedule: 1. Amendment NO.5 to Resolution No. 078-06 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Special Projects Manager. 2. Revised job specification and title change from Special Events Manager to Special Projects Manager. cc. (Ward 5) dd. Agreements: Accept bid and award contract to San Joaquin Interiors (not to exceed $120,554) for installation of carpet and flooring at the Police Department and City Hall Annex. Accept bid and award annual contract to Jim Alfter Cement Contractor (not to exceed $150,000) for canal liner repair. Accept bid and award contract to Stinson's Stationers, Inc. (not to exceed $350,000 per year for 5 year term) for office supplies. Miscellaneous: (Ward 4) ee. ft. (Ward 3) gg. (Ward 2) hh. (Ward 2) ii. Bids: (Ward 2) jj. kk. II. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Centex Homes for Tract 6578 Units 1 & 2 located at the southeast corner of Pensinger Road and S. Allen Road. 2. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6685 located at the southeast corner of Harris Road and Old River Road. Agreement with Lim & Nascimento Engineering Corporation ($992,050) for construction management of the Allen Road Bridge over the Kern River construction project. Voice Communication System: 1. Agreement with PlanNet Consulting, LLC ($194,130) for consulting services for a voice communication system to replace the current phone system. 2. Transfer $195,000 from Public Works Department Capital Improvement Project (Corporation Yard Building C Addition) within the Capital Outlay Fund to fund this agreement. Agreement with Avetik and Nazeli Cholakian ($65,600) to purchase real property located at the northeast corner of Fairfax Road and Auburn Drive for the Fairfax Interchange Project at State Route 178. Agreement with Bakersfield Redevelopment Agency and University of La Verne ($60,000) for purchase of the lease option from the University to facilitate consolidation of City and Agency operations located at 1600 Truxtun Avenue and relocate the University to 24th & M Streets. Agreement with DMJM Harris ($6,491 ,588) for design consultant services for Phase 2 of the Westside Parkway Project. (Ward 4,5) mm. Quitclaim Deed to Bolthouse Properties, LLC, removing Temporary and Permanent Sewer Line Easements, along the Allen Road trunkline sewer. 5 City Council Meeting of 03/14/2007 (Ward 4,5,6) nn. 12. CONSENT CALENDAR continued 00. pp. (Ward 2) qq. Assessment District 94-3 Bond Call: 1. Appropriate $227,250 fund balances to the operating budgets within the 94-3 special assessment fund to facilitate advance redemption of Assessment Bonds. Acceptance of Financial Audit Reports. (Budget & Finance Committee) Appropriate $91,330 State Grant Revenue for the 2005/2006 Tire Derived Product Grant for rubber sidewalk at various locations throughout the City to the Public Works Capital Improvement Budget within the Capital Outlay Fund. Earth Day 2007 to be held on April 21 ,2007 at Beach Park: 1. Appropriate $2,998 grant from California State Parks Foundation to the Recreation and Parks Department Operating Budget within the General Fund to provide trees and supplies for Earth Day 2007. 2. Appropriate $1,540 from builder to the Recreation and Parks Department Operating Budget within the General Fund to provide trees along the bike path for Earth Day 2007. 13. 14. Staff recommends adoption of Consent Calendar items a through qq. CONSENT CALENDAR HEARINGS HEARINGS (Ward 4,5) a. Protest Hearing for proposed Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. Staff recommends adoption of resolution. REPORTS a. Resolution establishing economic incentives for participation in the City's Voluntary Curbside Recycling Program. Budget & Finance Committee recommends adoption of resolution and implement recommendations. 16. DEFERRED BUSINESS 15. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT 3/8/07 2:25pm R~::Zm-lh4.r Alan Tandy City Manager 6 City Council Meeting of 03/14/2007 I AGENDA HIGHLIGHTS MARCH 14, 2007 COUNCIL MEETING REGULAR MEETING - 5:15 D.m. WORKSHOP Public Works staff will provide a brief update on the status of this Program and the Wests ide Parkway project. CLOSED SESSION There will be a conference with counsel regarding one case of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 D.m. APPOINTMENTS The Vice Mayor will make one appointment each to the Kern Economic Development Corporation, Local Agency Formation Commission and Kern Council of Governments. CONSENT CALENDAR Ordinances Item 12c. First Readino of an Ordinance Aoorovino a Neoative Declaration and Amendino the Municioal Code bv Chanoino the Zonino from R-1 and R-3 to C-O PCD (Professional and Administrative Office - Planned Commercial Develooment) on 0.86 Acres Located at the Northwest Corner of South Real Road and Elcia Drive. This item was heard by the. Planning Commission on January 18, 2007. This development is adjacent to the Wild West Shopping Center. Stephen Hawkins P.E., representing Gartner Family Trust, proposes the zone change to bring the zoning into conformance with the General Commercial General Plan Land Use designation. Based on traffic concerns heard at the public hearing, staff recommended a PCD overlay zone which requires further review by the Planning Commission at the time of development. The applicant agreed to the recommendation. The Planning Commission recommended adoption. Resolutions Item 12s. Resolution Aooointino Aoent to Reoresent the City in Filino Claims with the California Office of Emeroencv Services. In January, 2007, severe weather caused irrigation water pipes to burst. The City's property insurance policy does not cover irrigation systems. Up to 75% of incurred damages can be recovered from the California Office of Emergency Services (COES) who requires that the City designate an agent to present the claim. This resolution designates certain staff members as the agent for future reimbursement of disaster claims to expedite reimbursements from the State. Aareements Item 12ee. Construction Manaoement Aoreement with Lim & Nascimento Enoineerino Corooration for the Allen Road Bridoe Proiect over the Kern River in the amount of $992.050. Design for this project is nearing completion. As a peer review procedure, it is preferred a preconstruction or constructability review be done by a third party before final bid documents are prepared. This process has proven to be extremely valuable in finding conflicts, errors, and omissions in designs prior to bidding, thus saving money in avoided change orders. Bridge construction management will require an outside consultant with expertise to provide a Agenda Highlights March 14, 2007 \ Page 2 preconstruction review as well as for construction management services ($35,000 preconstruction + $957,050 construction management). In February, 2006, LAN (Lim and Nascimento) Engineering was hired for construction management services for the Chester Avenue Bridge Reconstruction project. They saved the City money due to their thorough and detailed review of contract documents and their timely responses and replies to contractor questions and concerns. Both bridge projects are similar in that they are both cast-in-place reinforced concrete bridges and both are over the Kern River. In addition, LAN has established relationships with the regulatory agencies that issue permits for Kern River bridge construction projects. Based on this, and the fact that the cost proposal is well within industry standards for similar types of projects, staff recommends LAN to perform the preconstruction review and construction management services for the Allen Road Bridge Construction Project. Sufficient funds are budgeted to cover the cost of this agreement. Item 12gg. Aoreement with Avetik and Nazeli Cholakian to Purchase Real Prooertv Located at the Northeast Corner of Fairfax Road and Auburn Drive for the Fairfax Interchanoe Proiect at State Route 178 in the amount of $65.600. The property being acquired is adjacent to the Hillcrest Postal Facility. The proposed on/off ramp will require closure of the existing entrance driveway to the Postal Facility on Auburn Street. Staff negotiated with the adjacent property owners to purchase enough property to construct a new entrance on Auburn Oaks Drive. The intersection of Fairfax and Auburn will also need to be improved and widened as part of the Interchange Project. Additional right-of-way will need to be dedicated by the property owners in order to accomplish this. Furthermore, the property owners submitted plans to construct a commercial development on their property, which is being affected by the required Interchange improvements. This agreement outlines the responsibilities of each party in relation to these improvements. Item 12hh. Aoreement between the City and Bakersfield Redevelooment Aoencv with the University of La Verne for the Purchase of the University's Lease Ootion in 1600 Truxtun Avenue in the amount of $60.000. The University of La Veme has a leasehold interest in the Borton-Petrini Building through July 2007, with an option to renew for an additional three years. Staff worked closely with the University and found a suitable location at the Village Town Center, 24th and M Streets, a project located within the Old Town Kern, Redevelopment Project Area. To encourage the University to consider this new redevelopment location for their school, a relocation incentive structured as an early lease buyout of their space in the Borton-Petrini Building was proposed by staff and accepted by the University. The terms of the agreement provide that the payment to the University be made in 10 semi-annual installments of $6,000 each upon occupancy for a five-year lease between the University and the property owner of 24th & M Street. The acquisition of this right and interest of the University's lease in the Borton-Petrini Building will benefit the Agency through the consolidation of its services and assist the Agency in streamlining its redevelopment operations. The Agency is expected to approve this agreement at their March 12, 2007 meeting. Item 12//. Desion Consultant Aoreement with DMJM Harris for Phase 2 of the Wests ide Parkway Proiect in the amount of $6.491.588. Phase 1 of the Project includes the construction of Mohawk Street from Rosedale Highway to Truxtun Avenue and Phase 2 includes the design of the remainder of the project. Five firms responded to the Request for Qualifications (RFQ) for Preparation of Plans, Specifications and Estimate (PS&E). Based on a review of their qualification submittals, the selection committee invited four of the firms to interview. Based on the qualification submittals and interviews, DMJM Harris was the most qualified firm to provide design services for this project. In accordance with federal procurement procedures for these types of services, after DMJM Harris was selected as the most qualified firm, their cost for providing these services was then negotiated between them and the City. The funding secured to date will allow a majority of the project to be designed. City staff is pursuing additional ; Agenda Highlights March 14, 2007 Page 3 funding through KernCOG to complete the design work, and a supplemental agreement or an amendment to this agreement will be required at a later date once that funding is secured. This agreement requires that DMJM Harris deliver the completed plans by the fall of 2008. Bids Item 12/1. Award Contract to Stinson's Stationers. Inc. for Office Suoolies in an amount not to exceed $350.000. Invitations to bid were sent to five suppliers and two firms responded. Based on an analysis of over 600 items, Stinson Stationers, Inc. offered the lowest prices overall. The initial contract period is for five years, and is renewable annually thereafter for five consecutive one-year periods at the City's option and upon mutually agreeable terms. The bid summary is available for review in the Purchasing office. Miscellaneous Item 1200. Acceotance of Financial Audit Reoorts. On January 17, 2007, the Audit Reports that included the Comprehensive Annual Financial Report (CAFR) and Independent Audit Reports were referred to the Budget and Finance Committee for review. The Committee reviewed the reports on February 26, 2007 and recommended acceptance by Council. HEARINGS Item 14a. Protest Hearinc for Prooosed Assessment District No. 06-1. (Etcheverrv/Lin II/University Park), On January 17, 2007 Council approved the Preliminary Engineer's Report. Following the close of this hearing, Council will be asked to adopt a resolution to approve the Final Engineer's Report, levy the assessments and order the public improvements. The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement and Bond Purchase Contract at the March 28, 2007 Council meeting. REPORTS Item 15a. Resolution Establishinc Economic Incentives for Particioation in the City's Voluntarv Curbside Recvclinc Procram. Following implementation of the City's voluntary curbside recycling program in July of 2003, approximately 4% of the City's 85,000 single-family homes subscribe. At the urging of many residents, and in response to a recommendation by the Keep Bakersfield Beautiful Committee, the issue was referred to the Budget and Finance Committee to explore ways to create incentives. On February 26, 2007 the Budget and Finance Committee made three recommendations in an effort to increase participation in the curbside recycling program. These recommendations are detailed in the administrative report and will become effective July 1, 2007. Approved: Christine Butterfield Assistant City Manager r!/te; cc: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Workshop ITEM: a.a.. APPROVED DEPARTMENT HEAD <~ _ D1 CITY ATTORNEY ~ CITY MANAGER - f;.eb SUBJECT: Status Report on Thomas Roads Improvement Program TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director March 6, 2007 RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Public Works staff will provide a brief update on the status of the Thomas Road Improvement Program and the Westside Parkway. . tdw March 6, 2007, 4:12PM G:\GROUPDA T\ADMINRPT\2007\03-14\TRIP update Admin.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Closed Session ITEM: I-j. lk. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED !/{;- W Ct:8 SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Wanda Grant, et al v. City of Bakersfield, et al. Kern County Superior Court Case No. S-1500-CV-257611-SPC VG:vl S:\CQUNCI L \CI Sess\Admins\06-07\3-06-07Existlit.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Presentations ITEM: ~.a. DEPARTMENT HEAD ATTORNEY CITY MANAGER C:Jlb SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. Wilbur Suesberry, President of Kern County Medical Society, and Mrs. Joel Cohen, President of Kern County Medical Society Alliance, proclaiming March 30,2007, as "Doctors' Day." FROM: DATE: Mayor Harvey L. Hall March 1, 2007 TO: Honorable Mayor and City Council RECOMMENDATION: BACKGROUND: ndw March 1. 2007. 12:51PM S:\MAYOR\ADMIN\2007\DOCTORS DA Y.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Presentations ITEM: ~ . b . DEPARTMENT HEAD ATTORNEY CITY MANAGER f!t;b SUBJECT: Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 12 -16,2007, as "Adult Education Week." Honorable Mayor and City Council Mayor Harvey L. Hall March 1, 2007 TO: FROM: DATE: PROVED RECOMMENDATION: BACKGROUND: ndw March 1. 2007. 12:46PM S:\MAYOR\ADMIN\2007\ADULT EDUCATION WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 Appointments TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Cle~ DEPARTMENT HEAIlS.3.- ~ AA DATE: March 6,2007 CITY ATTORNEY ()1..- tf/ (J J/L. CITY MANAGER vvv SUBJECT: Vice-Mayor Appointments to Kern Economic Development Corporation (KEDC) and Local Agency Formation (LAFCO) Alternate and Kern COG for 2007 - 2008. RECOMMENDATION: To be determined by Vice-Mayor and ratified by Council. BACKGROUND: In accordance with Section 2.02.020 of the Municipal Code, appointments to Boards and Committees are made by the newly elected Vice-Mayor, with ratification by the Council. At the January 17, 2007 Council meeting, Vice-Mayor Hanson requested the appointment to the Kern Economic Development Corporation to be delayed to a future meeting. Also, since that date, Councilmember Weir withdrew from his position as Alternate member to the Local Agency Formation Commission. The Alternate appointee attends the LAFCO meetings when the regular appointed Councilmember is unable to attend. The term of the appointment runs concurrent with the term of the Vice-Mayor. Rg S:\Councilladmin8\2007lViceMayor Appointments Mar 2007.dot 316/07 11:04 AM ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: la.D. APPROVED DEPARTMENT HEAU ~ /fI CITY ATTORNEY CITY MANAGER r!fb SUBJECT: Approval of minutes of the February 28, 2007 Regular Council Meeting. TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City C~ March 2, 2007 RECOMMENDATION: Staff recommends approval. BACKGROUND: kl ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: la. b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED March 01,2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from February 16, 2007 to March 01,2007 in the amount of $11,139,682.08 and self insurance payments from February 16, 2007 to March 01, 2007 in the amount of $208,850.08. RECOMMENDATION: Staff recommends approval of payments totaling $11,348,532.16. BACKGROUND: RAR March 2, 2007, 11 :24AM S:\Richard\AP\ADMIN-AP .doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 1c1. v. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 13, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-2) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling) and R-3 (Multiple-Family Dwelling) to C-O PCD (Professional and Administrative Office - Planned COl}lmercial Development) on 0.86 acres located at the northwest corner of South Real Road and Elcia Drive (ZC # 06- 2038 - Stephen Hawkins P.E. representing Gartner Family Trust) (Ward 1). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 18, 2007, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from R-1 (One-Family Dwelling) and R-3 (Multiple-Family Dwelling) zone to a G-O (Professional and Administrative Office) zone on 0.86 acres. Due to opposition received at the hearing regarding traffic conc~rns, staff recommended the PCD (Planned Commercial Development) overlay zone which would require further review by the Planning Commission at the time of development. The applicant was in agreement with staff's recommendation. The reason for the request is to bring the zoning into conformance with the General Commercial General Plan Land Use designation on the subject property. The original request was for G-1 (Neighborhood Commercial) zoning to be in compliance with the existing zoning in the adjacent Wild West Shopping Center. During the processing of this zone change, the applicant amended the application to request C-O (Professional and Administrative Office) zoning on the subject parcels. This request took place after the hearing notice was mailed; however, renoticing the project was not required because the C-O zone is more restrictive than the originally requested C-1 zone. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. No mitigation measures were proposed. Staff recommends approval of the zone change. February 22. 2007, 12:35PM rwp S:\Dana\admin\2007\Mar\3-14-2038-1st Read.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: la.d. February 28, 2007 TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No.124-16) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone on 40 acres located on the northwest corner of East White Lane and Washington St. (ZC # 06-1043 Hendricks Engineering, representing Cottonwood Villas LLC) (Ward 1) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 28, 2007. On December 7, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council. The zone change request consists of changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone on 40.6 acres. The reason for the request is to allow small lot single family residential development in an R-2 zoned in accordance with the Subdivision Ordinance. The General Plan Land Use designation on the subject property is low density residential. The site is currently undeveloped. Related Vesting Tentative Tract 6781 was approved by the Planning Commission on December 7, 2006 to allow the proposed development of single family residential uses. No one spoke in opposition to the project at the Planning Commission hearing. An initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by City Council on November 9,2005 in conjunction with GPA/ZC 05-0417 in accordance with CEQA. Staff recommends approval of the zone change. February 28. 2007, 8:37AM S:\Dana\admin\2007\Mar\3-14-1043 2. dot ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: \ ~. e,.. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 20, 2007 CITY ATTORNEY CITY MANAGER tI!b SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 103-13) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling - Church Overlay) to R-1 (One Family Dwelling) on 0.66 acre located on the south side of Paladino Avenue, approximately 1/2 mile west of Morning Drive (ZC # 06-1931 - Thomas D. Sholin representing Paladino West, LLC) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 28, 2007. On January 18, 2007, the Planning Commission held an advertised public hearing on this zone change request and recommended adoption by the City Council. The zone change request consists of changing the zoning from an R-2 CH (Limited Multiple Family Dwelling - Church Overlay) zone to an R-1 (One Family Dwelling) zone on 0.66 acre on the south side of Paladino Avenue, west of Morning Drive. This zone change request will bring the zoning into conformance with the LR (Low Density Residential) General Plan Land Use designation on the subject property. The site is currently undeveloped and is proposed for development of single family residential uses. The zone change pertains to Revised Vesting Tentative Tract 6202 containing 311 lots for single family development on approximately 78.75 acres. The area of the proposed zone change covers a 30-foot- wide strip approximately 834 feet long within RVTM 6202. Several lots along the eastern boundary of RVTM 6202 contained R-2-CH zoning. A condition of approval for RVTM 6202 required the applicant obtain a zone change to R-1 for this portion of the site in order to bring the site's zoning into consistency with the R-1 zoning in related RVTM 6202. No one spoke in opposition to the project at the Planning Commission hearing. Prepared by m.adams \ February 20, 2007 \ S:\Dana\Admin\2007\Mar\3-14-1931.Doc ADMINISTRATIVE REPORT Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area. Pursuant to the California Environmental Quality Act (CEQA), an initial study was prepared for related RVTM 6202 for the subject property, and a negative declaration was adopted on August 3, 2006. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. Staff recommends approval of the zone change. Prepared by m.adams \ February 20, 2007 \ S:\Dana\Admin\2007\Mar\3-14-1931.Doc ADMINISlRA liVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: IOt.of. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 29, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections ~ 1.12.010, ~ 1.12.030, ~ 1.12.040, ~1.12.050 and ~ 1.12.060 by adding Annexation Nos. 481 consisting of 127.39 acres, located south of Panama Lane, east of South Union Avenue and Annexation 524 consisting of 0.24 acres located east of Hughes Lane, south of Highway 58 to Ward 1, Annexation No. 541 consisting of 6.67 acres, located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street to Ward 3, Annexation Nos. 498 consisting of 2,203.81 acres, located south of Panama Lane, generally east and west of Buena Vista Road, Annexation 512 consisting of 46.14 acres, located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation 518 consisting of 2,081.80 acres, located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation 527 consisting of 81.06 acres, located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation 534 consisting of 0.72 acres, located north of Belle Terrace, south of Blomquist east of McDonald Way to Ward 6. (Wards 1, 3, 4, 5 & 6) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 28, 2007. This ordinance amends the ward boundaries to include Annexations 481,524,541,498,512,518,527 and 534 corresponding Council wards. These annexations were approved by LAFCO recently. Annexation No. 481 is located south of Panama Lane, east of South Union Avenue. The 127.39 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. 524 is located east of Hughes Lane, south of Highway 58. The property consists of a single family home on 0.24 acres. The property owner requested annexation to receive city services. ADMINISTRATIVE REPORT Page 2 Annexation No. 541 is located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street The 6.67 acre site is undeveloped. The property owner requested annexation for roadway access. Annexation No. 498 is located south of Panama Lane, generally east and west of Buena Vista Road, known as the Old River Ranch project. The 2,203.81 acre site is undeveloped. The property owners requested annexation for development purposes and to reCeive city services. Annexation No. 512 is located north of Snow Road, east of Calloway Drive, west of the Calloway Canal. The 46.14 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. 518 is located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County. The 2,081.80 acre site is undeveloped. The property owners requested annexation for development purposes and to receive city services. Annexation No. 527 is located west of Gosford Road, generally north of Taft Highway. The 81.06 site is undeveloped. The property owners requested annexation for development purposes and to receive city services. Annexation No. 534 is located north of Belle Terrace, south of Blomquist east of McDonald Way. The site consists of a single family home on 0.72 acres. The property owner requested annexation to receive city services. S:\Annexalion\Ordinances\Admin adopt 3-14-07481.498,512.518,524,527,537 & 541 WARD. DOC ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: IJ.. a.. LJ TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED March 1, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-16 and 124-28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres located at the southwest comer of E. Planz Road and Washington Street (future) and from A (Agricultural) to P.U.D. (Planned Unit Development) on approximately 40 acres located at the southeast comer of Cottonwood Road and E. Berkshire Road (future). (ZC 06-2022 - Mel Heinemann, representing himself, Jack & Nuha Haddad, and the City of Bakersfield) (Ward 1) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 28. 2007. The City Council conducted a public hearing on this zone change on February 7. 2007. Gordon Nipp, representing the Sierra Club, spoke in opposition to staff's recommendation. The Council continued this item in order to enable staff to address Mr. Nipp's comments. Mr. Nipp raised two issues associated with the 40-acre property at the southeast corner of Cottonwood Road and E. Berkshire Road; potential health effects to future inhabitants if wastewater spreading has occurred on the property and mitigation for the loss of agricultural land. Staff confirmed that this site has never been used for wastewater spreading. The City, as the future owner of the 40-acre property at the southwest corner of E. Planz Road and Washington Street, plans to lease this property for agricultural use; because the proposal would not result in a net loss of agricultural land, mitigation for the loss of agricultural land would not be necessary. The property at the southwest corner of E. Planz Road and Washington Street (future) is proposed to be developed with 365 detached, two-story, single-family residential units. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No agencies or individuals present opposed the request. Conditions of approval and mitigation measures which address cultural resources, traffic, parking, and public improvements are recommended as part of the project 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 November 20, 2006, in accordance with CECA. ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: la. h. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director February 28, 2007 CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 122-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A-20A (Agriculture - 20 acre minimum) to R-1 (One Family Dwelling) on 60 acres generally located on the northeast corner of Panama Land and South Allen Road. (ZC 06-0925 - Mcintosh and Associates representing John Glenn Carmichael; Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr.) (Ward 5) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of 218 single-family residential dwelling units on the 60 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. 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 November 21, 2006, in accordance with CEQA. JS:pjt S:\GPA 4th 2006\06-0925\Staff Reports\Admin Report 2nd Reading.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: \d. i. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 20, 2007 CITY ATIORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Maps No. 104-17 and 104-20) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from C-2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 37.74 acres and R-1 (One Family Dwelling) to R-2/PUD on 9.51 acres generally located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive, and west of Canteria Drive (ZC 06-0940 - McIntosh & Associates representing Mountain View Bravo, LLC) 0Nard 3). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of approximately 452 residential units on the 47.25 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No individuals or agencies present at the . hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, biological resources, cultural resources, hazards and hazardous materials, noise, traffic and public improvements are recommended as part of the project 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 October 27, 2006, in accordance with CEQA. S:\GPA 4th 2006\06-0940\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: \.:l. \ . u Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 22, 2007 CITY ATTORNEY ;f};n4 CITY MANAGER . ~ TO: FROM: DATE: SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zoning Map No. 103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from PUD (Planned Unit Development Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on 5 acres and R-1-CH (One Family Dwelling Zone/Church Combining Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on one acre, located along the north side of Bernard Street, approximately 900 feet west of Oswell. (ZC 06-0668 - Joseph Gergen, representing Church of Christ of East Bakersfield) 0Nard 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the Ordinance was given on February 7,2007. Upon annexation into the City, the proposal would allow for the development of 76 multi-family homes on the 6 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address cultural resources are recommended as part of the project 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 November 1, 2006, in accordance with CECA. MO:dc S:\GPA 4th 2006\06-0668\Staff Reports\Admin Rpt 0668 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: I.l.lL. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 20, 2007 CITY ATTORNEY CITY MANAGER 0ItJ SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Maps 104-18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 10-acres generally located on the west side of Vineland Road, north and south of Panorama Drive. (ZC 06-0544 - Third Day Investment Group, LLC representing Third Day Investment Group, LLC, Roger C. Alfred, Michael Hawkins, Iva Hawkins, Dark Investments, LLC, RAM Financial Services Inc.) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of 80 multiple-family residential dwelling units on the 10 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. 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 November 8, 2006, in accordance with CEQA. JS:pjt S:\GPA 4th 2006\06-0544\Staff Reports\Admin Report 2nd Reading.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: \ d... \. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 6,2007 CITY ATTORNEY ~ CITY MANAGER . (;fijO SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map NO.1 04-21) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an RH (Residential Holding) zone to an R-1/PUD (One Family Dwelling/Planned Unit Development) zone on 217 acres, R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) zone on 326 acres, and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) zone on 91 acres generally located east of Kern Canyon Road (Highway 184), approximately 1 % miles north of Breckenridge Road, between the future extension of Edison Road on the west and Comanche Drive to the east; comprising the majority of Section 21, T29S, R29E, M.D.B.M. (ZC 06-0961 - Sikand Engineering representing Sky 21, LLC and Northeast 21 Ventures, LLC) (Ward 3). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 7, 2007. The proposed zone change would allow for the development of a maximum of 3,181 units for varying densities of residential uses on the 634 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21,2007. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Final EIR was certified by the City Council on February 7, 2007. Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as conditions of approval, and construction in accordance with the Uniform Building Codes, impacts from aesthetics, light and glare and noise impacts would remain significant. Therefore, adoption of CEQA findings and a statement of overriding considerations by the City Council were required pursuant to Sections 15091 and 15093 of the State CEQA Guidelines. ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: I~.m. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 20, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Maps 104-07) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture - Hillside Development) to R-1-HD (One Family Dwelling - Hillside Development) on 20.5 acres located on the north side of Morning Drive, approximately one-quarter mile north of the Paladino Drive/Morning Drive intersection. (ZC 06-1018 - Cal-Kem Development III, LLC) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of 180 single-family residential dwelling units on the 41 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. 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 November 22, 2006, in accordance with CECA. JS:pjt S:\GPA 4th 2006\06-1018\Staff Reports\Admin Report 2nd Reading.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Consent Calendar ITEM: t.)... t"\ . Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEA~ February 20, 2007 CITY ATTORNEY _ CITY MANAGER fJt/!} Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-05) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from E (Estate Residential) to R-1 (One Family Dwelling) on 39.41 acres generally located on the north side of Etchart Road, between Calloway Drive and Coffee Road (ZC 06-1692 - Adavco, Inc. representing Bidart Brothers, LLC) (Ward 4 Upon Annexation). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of approximately 220 residential units on the 39.41 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, parks, Meadows Field Airport compatibility, traffic impacts and public improvements are recommended as part of the project 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 November 1, 2006, in accordance with CECA. S:\GPA 4th 2006\06-1692\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: l;l. Q. APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ~ . CITY MANAGER ClJt; SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-31) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Exclusive Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 16.5 acres and C-O (Professional and Administrative Office) on 5 acres generally located at the northeast comer of Taft Highway and Buena Vista Road (ZC 06-0535 - Dave Dmohowski representing John Bianchi) (Ward 5 or 6 Upon Annexation). TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 20, 2007 RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of approximately 230,000 square feet of office and retail gross leasable area on the 21.5 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, neighborhood access, traffic and public improvements are recommended as part of the project 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 November 8, 2006, in accordance with CECA. S:\GPA 4th 2006\06-0535\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Consent Calendar ITEM: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD~ February 22, 2007 CITY ATTORNEY .~ CITY MANAGER CIlf;J Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 142-03) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-S-20A (Residential Suburban-20 acres minimum Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on 20 acres, located at the southeast corner of Taft Highway and Ashe Road. (ZC 06-0938 - Mcintosh & Associates for Centex Homes, representing Tommye Joe Baroncini). (Ward 6 upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. Upon annexation into the City, the proposal would allow for the development of 100 single-family homes (home-sites to be less than 6,000 square feet) on the 20 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address cultural resources are recommended as part of the project 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 October 20, 2006, in accordance with CECA. MO:dc S:\GPA 4th 2006\06-0938\Staff Reports\Admin Rpt 0938 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ.Q. LJ Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~ ~ March 5, 2007 CITY ATTORNEY ~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 101-23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from County A (Agriculture) to E (Estate Zone) on 11.54 acres and R-1-CH (One-Family Dwelling/Church Zone) on 8.46 acres, located along the north side of Rosedale Highway, approximately 660 feet west of Allen Road. (ZC 06-1037 - Cornerstone Engineering, Inc., representing Christ Cathedral Church, a California Corporation) (Ward 4 upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 7, 2007. One person spoke at the meeting. The proposal would allow for the development of 26 single-family residential units on the 20 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. No agencies present opposed the request. There were four property owners that live in the area of the project that attended the meeting who spoke on the proposal. Their concerns were mainly on traffic congestion along Rosedale Highway and Allen Road and vicinity. Rosedale Highway is a State Highway and all improvements must be to State Highway Standards. Planning Commission revised language to Condition 12 addressing traffic concerns. Commissioner Tragish was not satisfied and voted in opposition to the project. He thought Rosedale Highway should be fully constructed prior to development of this project. The applicant has agreed to all conditions and mitigation for the project including the wording added to Condition #12 by City Staff. Conditions of approval and mitigation measures which address cultural resources, noise, traffic, public improvements along Rosedale Highway, North of the River Recreation and Park District, and the Division of Oil, Gas and Geothermal Resources are recommended as part of the project 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 October 27, 2006, in accordance with CECA. MO:dc S:\GPA 4th 2006\06-1037\Staff Reports\Admin Rpt 1037 - 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: 101..(". TO: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 5t:,,/' February 20, 2007 CITY ATTORNEY ~ CITY MANAGER tJtb SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-29) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 99.5 acres generally located north of McCutchen Road between Old River Road to the west and Progress Road to the east (ZC 06-1014 - The Lusich Company representing Old River Road, LLC) (Ward 5 or 6 Upon Annexation). DATE: FROM: RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on February 7, 2007. The proposal would allow for the development of approximately 330 residential units on the 99.5 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on December 21, 2006. The Sierra Club submitted written comments on the environmental review and addressed numerous issues including agricultural land conversion, air quality, light pollution, biological resources, traffic, and public services and utilities, and requests the preparation of an EIR for the project. City Staff prepared a response to the Sierra Club and addressed each comment in a memo to the Planning Commission. No other individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, noise impacts, agricultural conversion, traffic impacts and public improvements are recommended as part of the project 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 November 3, 2006, in accordance with CEQA. S:\GPA 4th 2006\06-1014\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Agenda ITEM: I~. 5. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager February 22, 2007 APPROVED DEPARTMENT HEAD 67~ CITY ATTORNEY ~ ~ CITY MANAGER Cft3 SUBJECT: Resolution Appointing Agent to Represent the City in Filing Claims with the California Office of Emergency Services RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In January 2007, severe cold weather resulted in freezing conditions in the Bakersfield area. These conditions caused damage to City property, resulting from burst water pipes in irrigation systems. The City's Property insurance policy does not cover irrigation systems. The policy also has a $25,000 deductible. Damage to property other than irrigation systems did not exceed the policy deductible. The Governor declared an emergency as a result of the freeze. The City can recover up to seventy-five percent (75%) of incurred damages from the California Office of Emergency Services (COES). COES requires the City to designate an agent that will present its claim to COES. This resolution designates the City Manager, OR, Assistant City Manager, OR, Finance Director to prepare and present the claim to COES. This action will designate the agent for the City for future reimbursement of disaster claims which will expedite reimbursements from the State. March 5, 2007, 4:29PM S:\Admin Report-Freeze Damage.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ. . t. APPROVED DEPARTMENT HE~ CITY ATTORNEY _ CITY MANAGER f I{;; SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 565 consisting of 91.65 acres, located north of Etchart Road, west of the Beardsley Canal. 0Nard 4). TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 12, 2007 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. 565 consists of 91.65 acres of land and is located north of Etchart Road, west of the Beardsley Canal. 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 AppliclAdmin Draft 3-14-07 565.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 10-. L(,.. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /1'/7 , .~ '- SUBJECT: Resolutions adding the following territories 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. (Wards 1,3,5.7) 1. Area 3-64 (Panama, Buena Vista SW) 2. Area 3-65 (Hughes, McKee SW) 3. Area 4-71 (Edison, Chase) 4. Area 5-33 (Belle Terrace, Madison SE) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: February 28, 2007 the Council adopted Resolution of Intention No's. 1509 through 1512 to add the above territories 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 parks and street landscaping. The areas will be under park and streetscape zones of benefit and will be assigned the appropriate tier levels when parks 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 letters from the owners of the properties described above which waive 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 owners also have submitted Proposition 218 ballots indicating their 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, covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. March14_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: IJ.v. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY March 1, 2007 (~ CITY MANAGER ':::f{bL. SUBJECT: Resolution of Intention No. 1513 to add territory, Area 3-45 (Panama, Buena Vista 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 owners of Tentative Tract No. 6652 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 3-45 is generally bounded by Panama Lane on the north, a line approximately 1,510 feet east of Buena Vista Road on the east, a line approximately 1,320 feet south of Panama Lane on the south and Buena Vista 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(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr March 1, 2007, 11:55AM MD3-45Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: I~. W. APPROVED / ('-, DEPARTMENT HEAD (l ( CITY ATTORNEY /JtJI4 CITY MANAGER (il/IO SUBJECT: Resolution of Intention No. 1514 to add territory, Area 1-68 (Patton, Meany SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel Map No. 11688 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 street landscaping. Area 1-68 is generally bounded by Meany Avenue on the north, Patton Way on the east, a line approximately 460 feet south of Meany Avenue on the south and a line approximately 665 feet west of Patton Way on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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 March 1, 2007, 11 :55AM MD1-68Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 1,)2,. x. APPROVED DEPARTMENT HEAD tl~ CITY ATTORNEY ~ . CITY MANAGER IJf b SUBJECT: Resolution of Intention No. 1517 to add territory, Area 4-48 (College, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6642 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 4-48 is generally bounded by College Avenue on the north, Vineland Road on the east, Kern Canyon Road on the south and a line approximately 660 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 March 1, 2007,11:55AM MD4-48Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 1;1.". , APPROVED DEPARTMENT HEAD{i(L CITY ATTORNEY /81rbI CITY MANAGER_f(f;; SUBJECT: Resolution of Intention No. 1518 to add territory, Area 4-72 (Paladino, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 28, 2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No's. 6645 and 6338 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 4-72 is generally bounded by Paladino Drive on the north, Vineland Road on the east, a line approximately 2,460 feet south of Paladino Drive on the south and a line approximately 1,320 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 March 1, 2007, 11:55AM MD4-72Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: IJ.. ~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 APPROVED DEPARTMENT HEAD /12- CITY ATTORNEY ~ . CITY MANAGER f lib SUBJECT: Resolution of Intention No. 1519 to add territory, Area 4-73 (Mira Monte, 178 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. 6753 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 4-73 is generally bounded by Highway 178 on the north, a line approximately 950 feet east of Mira Monte Drive on the east, a line approximately 250 feet south of Highway 178 on the south and a line approximately 300 feet east of Mira Monte Drive on the west 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 March 1, 2007, 12:10PM MD4-73Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: ldo. . OCt . APPROVED ,. A DEPARTMENT HEAD /l,( CITY ATTORNEY /21rW- CITY MANAGER CIt/lJ SUBJECT: Resolution of Intention No. 1520 to add territory, Area 4-74 (Mt. Vernon, Columbus SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6905 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 4-74 is generally bounded by a line approximately 370 feet south of Columbus Street on the north, a line approximately 840 feet west of Mt. Vernon Avenue on the east, a line approximately 505 feet south of Columbus Street on the south and a line approximately 1,065 feet west of Mt. Vernon Avenue on the west 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 March 1, 2007, 12:10PM MD4-74Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 1c2. bb. APPROVED DEPARTMENT HEAD /11 CITY ATTORNEY /81rl4 CITY MANAGER e..{'/;; SUBJECT: Resolution of Intention No. 1522 to add territory, Area 5-34 (Panama, Madison S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6712 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 5-34 is generally bounded by Panama Lane on the north, a line approximately 1,000 feet east of Madison Street on the east, the Arvin-Edison Canal on the south and a line approximately 660 feet west of Madison Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr March 1,2007, 12:10PM MD5-34Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 1.;2. c . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY J/;. CITY MANAGER ef2j?J Javier Lozano, Human Resources Manager February 28,2007 SUBJECT: Revised Job Specification and Change to Salary Schedule 1. Amendment No. 5 to Resolution No. 078-06 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Special Projects Manager. 2. Revised Job SpecificationlTitle Change: Special Events Manager to Special Projects Manager. RECOMMENDATION: Staff recommends approval of the revised job specification, title change and adoption of the resolution. BACKGROUND: The Director of Recreation and Parks has requested the revision of the existing Special Events Manager position to a Special Projects Manager position. This position will act as a liaison for the Department to the City contractor when coordinating activities at the Bright House Networks Amphitheater. The City contractor is responsible for booking events at the amphitheater while the Special Projects Manager handles the logistics. In addition, the Special Projects Manager will coordinate special events throughout the other City-owned and operated facilities. There is no budgetary impact as the salary will be the same. The revised job specification will be presented to the Miscellaneous Civil Service Board at their March 20, 2007 meeting. (pr) S:\Admin Reports - 2007\Special Projects Manager\Special Projects Manager - Recreation and Parks.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: IJ. .dd. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director February 26, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with Centex Homes for Tract 6578 Units 1 & 2 located at the southeast corner of Pensinger Road and South Allen Road. (Ward 5) 2. Final Map and Improvement Agreements with Lennar Homes of California, INC., for Tract 6685 located at the southeast corner of Harris Road and Old River Road. (Ward 5) 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 February 26, 2007, 8:35AM G:\GROUPDA T\ADMINRPT\2007\03-14\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: I.J.. U. TO FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 6, 2007 d,A~PROVED /'1/ DEPARTMENT HEAD ({;----- CITY ATTORNEY CITY MANAGER SUBJECT: Construction Management Agreement with Lim & Nascimento Engineering Corporation ($992,050) for Allen Road Bridge Project over the Kern River (Ward 4). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Design for the Allen Road Bridge Project over the Kern River is nearing completion. As a peer review procedure, it is preferred a preconstruction or constructability review be done by a third party before final bid documents are prepared. Constructability or preconstruction reviews have proven to be extremely valuable in finding conflicts, errors, and omissions in designs prior to bidding thus saving money in avoided change orders. Bridge construction management will require an outside consultant with expertise to provide a preconstruction review as well as for construction management services ($35,000 preconstruction + $957,050 construction management). In February, 2006, LAN (Lim and Nascimento) Engineering was hired by the City for construction management services for the Chester Avenue Bridge Reconstruction project. LAN was selected after being ranked the most qualified firm using the Consultant Request for Qualification and Selection Process. Staff has been very pleased and impressed with their work on the Chester Avenue bridge project. They have saved the City money primarily due to their thorough and detailed review of contract documents and their timely responses and replies to contractor questions and concerns. The Allen Road Bridge and the Chester Avenue Bridge have a number of similarities in that they are both cast-in-place reinforced concrete bridges and both are over the Kern River. In addition, LAN has established relationships with the regulatory agencies that issue permits for Kern River bridge construction projects. Based on this, and the fact that the cost proposal is well within industry standards for similar types of projects, the City recommends LAN to perform the preconstruction review and construction management services for the Allen Road Bridge Construction Project. Sufficient costs are budgeted to cover the cost of this agreement. SP Construction G:\GROUPDAT\ADMINRPT\2007\03-14\Allen Rd Bridge eM LAN.doc 3/6/20074:00:07 PM ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: I . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 27, 2007 .~PROVED r'. ) DEPARTMENT HEAD )( CITY ATTORNEY :pi CITY MANAGER ~ SUBJECT: Voice Communication System: 1. Agreement with PlanNet Consulting, LLC ($194,130) for consulting services for a voice communication system to replace the current phone system. 2. Transfer $195,000 from a Public Works Department's Capital Improvement Project (Corporation Yard Building C Addition) within the Capital Outlay Fund to fund this agreement. RECOMMENDATION: Staff recommends approval of agreement and transfer. BACKGROUND: The current voice communication system is 17 years old. The Ericsson PBX phone system remains functional; however, support and parts are becoming difficult to obtain. Therefore~staff recommends evaluating City voice communication needs and new technologies. To ensure needs are properly matched to current technology, staff proposes to contract with a consultant experienced in voice communications. The project consists of research, review, investigation, analysis, planning, design, recommendation and project management for a new voice communication system. On December 1, 2006, City received four responses to the RFQ. On February 1, 2007, the Selection Committee for this project conducted interviews of the three firms. The Selection Committee recommends that the City award the design consultant agreement to Plan Net Consulting based on their combination of qualifications and fee proposal. The fee for their services will be $194,130. Funds are available from a budgeted capital improvement budget entitled "Corporation Yard Building C Addition," which is being deferred. G:\GROUPDAT\ADMINRPT\2007\03-14\VoiceCom System Rev.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 Consent TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD /V'5 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Agreement with Avetik and Nazeli Cholakian ($65,600) to purchase real property located at northeast corner of Fairfax Road and Auburn Drive for the Fairfax Interchange Project at State Route 178. (Ward 3) Nelson K. Smith, Finance Director DATE: March 6, 2007 RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located adjacent to the Hillcrest Postal Facility and consists of approximately 4,100 square feet of C-1 zoned land. The purchase price of $65,600.00 represents the property's fair market value as established by an appraisal prepared by Karpe Fisher Merriman, Inc. The City is purchasing this property in order to accomplish the Fairfax Interchange Project at State Route 178. The proposed Fairfax interchange on/off ramp will require the Postal Facility to close its current entrance driveway on Auburn Street. To replace the entrance, the City has negotiated to buy enough property from the adjacent owners (Cholakians) to construct a new entrance for the Postal Facility on Auburn Oaks Drive. With the interchange project, the Fairfax and Auburn intersection also needs to be improved and widened to handle the future traffic flows. These improvements will require the property owners to dedicate additional right-of-way needed to widen Fairfax Road. In addition, the property owners have submitted plans to construct a commercial development on their property which is being affected by the improvements required by the future interchange. The purchase agreement between the City and the owners outlines the responsibilities of each party as to the required improvements. The City will be constructing all the required off-site improvements due to the future interchange and the entrance needs of the adjacent Postal Facility. These off-site improvements will allow the property owners to develop the site for their planned commercial use. P:\MyFiles\Admin Reports\Council Admin report - Purchase agmt rev 2.doc 3/612007 3:43 PM ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 Consent Calendar TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD @ CITY ATTORNEY !fJi-:: CITY MANAGER ~p SUBJECT: Agreement between the City and Agency with the University of La Verne in the amount of $60,000 for Purchase of the Lease Option from the University to facilitate the Consolidation of City and Agency Operations located at 1600 Truxtun Avenue, Borton- Petrini -Conron Building and relocate the University to 24th and M Streets. (WARD 2) FROM: Donna L. Kunz, Economic Development Director DATE: March 2, 2007 RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield purchased the Borton-Petrini Building in December, 2006 to address City- wide space needs and facilitate the consolidation of City departments in the downtown area. The Economic and Community Development Department has been leasing space at 900 Truxtun Avenue for the past three years and recently relocated to the Borton-Petrini Building as part of the consolidation plan. As a result of this move there will be significant rental savings from the previous lease at 900 Truxtun, of which a significant portion was paid by the Redevelopment Agency to support the redevelopment activities conducted by Economic and Community. Development staff. The University of La Verne has a leasehold interest in the Borton-Petrinni Building through July 2007 with an option to renew for an additional 3 years. Staff worked closely with the University to consider another downtown site and found a suitable location at the Village Town Center, 24th and M Streets, a project located within the Old Town Kern, Redevelopment Project Area. The "Village" is a recent redevelopment project where the Redevelopment Agency worked with a local developer to acquire an adjacent site required for the necessary parking for the mixed-use development which resulted in the creation of 40,000 square feet of new commercial space. The University intends to occupy the remaining 12,000 square feet available in the development and will provide a full compliment of classes and services in the evening to approximately 400 students. As a major anchor tenant they provide stabilization for the project. This activity will also provide positive evening use in the area. To encourage the University to consider this new redevelopment location for their school, a relocation incentive was proposed by staff and accepted by the University in the amount of $60,000. This incentive was structured as an early lease buyout of their space in the Borton Petrini Building. S:\Admins\City Council\City Council Admins 2007\LaVeme3.14.2007.doc 3/212007 9:56 AM ADMINISTRATIVE REPORT Page 2 A three party agreement has been prepared between the Agency, City and the University. The terms of the agreement provides that the payment to the University be made in 10 semi-annual installments of $6,000 each upon occupancy for a five year lease between the University and the property owner of 24th & M Street. The acquisition of this right and interest of the University's lease in the Borton Petrini Building will also benefit the Agency through the consolidation of its services and assist the Agency in streamlining its redevelopment operations. The Bakersfield Redevelopment Agency approved this agreement at their March 12, 2007 meeting. S:\Admins\City Council\City Council Admins 2007\LaVerne3.14.2007.doc 3/2/20079:56 AM ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ. i i. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER March 6, 2007 SUBJECT: Design Consultant Agreement with DMJM Harris ($6,491,588.00) for Phase 2 of the Westside Parkway Project (Ward 2). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Preparation of Plans, Specifications and Estimate (PS&E) for Phase 2 of the Westside Parkway Project. Phase 1 of the Project includes the construction of Mohawk Street from Rosedale Highway to Truxtun Avenue and was awarded to Dokken Engineering last year. Phase 2 includes the design of the remainder of the Westside Parkway project. Five firms responded to this RFQ: PBS&J (Orange, California) DMJM Harris (Orange, California) Parsons Brinckerhoff (Los Angeles, California) T.Y. Lin International (San Ramon, California) Washington Group (Irvine, California) Based on a review of their qualification submittals, the selection committee invited four of the firms listed above to interview with the committee. Interviews were held on June 28 and June 29, 2006. Based on the qualification submittals and interviews, the Selection Committee concluded that DMJM Harris was the most qualified firm to provide design services for Phase 2 of the Westside Parkway project. In accordance with federal procurement procedures for these types of services, after DMJM Harris was selected as the most qualified firm, their cost for providing these services was then negotiated between them and the City. The funding secured to date will allow a majority of the project to be designed. City staff is pursuing additional funding through KernCOG to complete the design work, and a supplemental agreement or an amendment to this agreement will be required at a later date once that funding is secured. This agreement and DMJM Harris' internal accounting procedures have been reviewed by Caltrans Division of Audits and Investigations. This agreement requires that DMJM Harris deliver the completed plans by the fall of 2008. March 6,2007, 12:33PM NF PW Engr G:\GROUPDAT\ADMINRPT\2007\03-14\DMJM Agreement Admin for Westside Parkway, Phase 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: I .... TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD /V"'f CITY ATTORNEY /J~ r e,4t 5 CITY MANAGER (?Ib March 1, 2007 SUBJECT: Accept bid and award contract to San Joaquin Interiors (not to exceed $120,554.00) for the installation of carpet and flooring at the Police Department and City Hall Annex. 0Nard 2) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to Bid were sent to nine (9) contractors for the installation of carpet and flooring for the second floor of the City Hall Annex and specified sections of the Police Department. Two bids were received in response to solicitation and are as follows. BIDDER AMOUNT $120,554.00 San Joaquin Interiors Bakersfield, CA Bakersfield Floor Covering Fresno, CA $144,934.00 Staff finds the low bid submitted by San Joaquin Interiors, Bakersfield, to be acceptable. Purchasing Division OW S:\PURCH\AOMIN\Carpet for PO and CH Annex, 06-07-66, San Joaquin Interiors, March 14, 2007.doc March 2,2007, 11:57AM ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: I . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD #"5 CITY ATTORNEY~/iJ..s CITY MANAGER~ March 1, 2007 SUBJECT: Accept bid and award contract to Jim Alfter Cement Contractor (not to exceed $150,000) for the annual contract for canal liner repair. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms. BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for the Annual Contract for Canal Liner Repair. Three bids were received in response to solicitation and are as follows. The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit price. The actual budget available for the work is $150,000. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. BIDDER AMOUNT $90,000.00 Jim Alfter Bakersfield, CA W.M. Lyles Co. Fresno, CA $155,150.00 Southwest General Engineering Bakersfield, CA $158,000.00 Staff finds the low bid submitted by Jim Alfter Cement Contractor, Bakersfield, to be acceptable. Purchasing Division DW S:\PURCHIADMINIAC for Canal Liner Repair, 06-07-73, Jim Alfter Cement, March 14, 2007.doc March 2, 2007, 8:49AM ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: ldo.. I , . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~.J ~ f!$3 March 1, 2007 SUBJECT: Accept bid and award contract to Stinson's Stationers, Inc. (not to exceed $350,000.00 per year for a five-year term) for office supplies. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid, award of contract and authorization for staff to renew the agreement annually for five (5) consecutive one year periods upon mutually agreeable terms. BACKGROUND: Invitations to bid were sent to five (5) suppliers for providing a City-wide contract for Office Supplies. Two (2) bids were received in response to solicitation. Based on an analysis of over six- hundred (600) items, Stinson's Stationers, Inc. offered the City the lowest overall pricing as well as a price match guarantee. The detailed analysis of the 600 items is available for review in the Purchasing Division. The initial contract period is for five (5) years and is renewable annually thereafter for five (5) consecutive one-year periods at the City's option and upon mutually agreeable terms. Staff finds the low bid to be acceptable and recommends award to Stinson's Stationers. Inc., Bakersfield. Purchasing Division OW S:\PURCH\ADMIN\AC Office Supplies, 06-07-71, Stinson's Stationers, March 14, 2007.doc Created on 3/1/2007 12:43:00 PM c ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: I~.mrn. TO FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Quitclaim Deed to Bolthouse Properties, LLC, removing Temporary and Permanent Sewer Line Easements, along the Allen Road trunkline sewer. (Wards 4 & 5) RECOMMENDATION: Staff recommends granting of the Quitclaim Deed. BACKGROUND: This Quitclaim grants back to Bolthouse Properties, LLC., right, title and interest in an existing temporary and permanent sewer line easement. These easements were given to the City by Bolthouse and were recorded for Sections 13 and 14 for construction of the Allen Road trunkline sewer. However, after the easements were recorded, the alignment for the Allen Road trunkline sewer changed. These easements were not used and are no longer required. Therefore, the City of Bakersfield will be quitclaiming the easements back to Bolthouse. mps G:\GROUPDATlADMINRPT\2007\03-14\Bolthouse Quitclaim.doc 31612007 8:42:45 AM ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ . nn. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED February 20, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ f/l8 SUBJECT: Assessment District 94-3 Bond Call 1. Appropriate $227,250 fund balances to the operating budgets within the 94-3 special assessment fund to facilitate advance redemption of Assessment Bonds RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: During the year owners may pay the assessment lien balance on their property. The City, as Trustee, is required to use these additional amounts to "call" outstanding special assessment bonds. The principal and any premium amounts are forwarded to the City's paying agent to retire bonds in advance of their normal maturity in accordance with the respective bond indentures. One bond call is scheduled for March, 2007. This action aligns the budget to maintain compliance with staff fiduciary responsibilities. clw P:\AD\Admin-AssmntDistBondCall.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: I~,. 00 . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD #5 DATE: February 27,2007 CITY ATTORNEY ,8lJU CITY MANAGER ttflR; SUBJECT: Acceptance of Financial Audit Reports RECOMMENDATION: Budget and Finance Committee recommends acceptance of the audit reports. BACKGROUND: The following financial audit reports were submitted to the City Council on January 17, 2007. 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2006. 2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2006. 3. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2006. 4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2006. The Council referred the reports to the Budget and Finance Committee for review. On February 26, 2007 the Budget and Finance Committee reviewed the various audit reports and recommended the acceptance of the reports. S:\Admin\Admin Reports\CAFR to Council.doc February 27,2007, 12:39PM ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: leX. TO: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 27, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED I i) (~ . ~b FROM: DATE: SUBJECT: Appropriate $91,330 State Grant Revenue for the 2005/2006 Tire Derived Product Grant for rubber sidewalk at various locations throughout the City to the Public Works Capital Improvement Budget within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: This appropriation is funded entirely by a grant from the California Integrated Waste Management Board - Zero Waste California. The Board offers the Tire-Derived Product Grant Program to promote markets for recycled-content products derived from waste tires generated in California and decrease the adverse environmental impacts created by unlawful disposal and stockpiling of waste tires. This grant will be used for a pilot program to use tire-derived material in sidewalks at various locations throughout the City. Specifics of the grant include: . Project must divert a minimum of 9,133 California tires. . The State will pay up to $10 for each tire diverted. . Grant funds can only be used for material. It cannot be used for installation and staff time. . Funds must be expended by March 31,2008 G:\GROUPDA T\ADMI NRPT\2007\03-14\ Tire Derived Grand.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: .1. TO: FROM: DATE: Honorable Mayor and City Council SUBJECT: APPROVED DEPARTMENT HEAD~ CITY ATTORNEY~ CITY MANAGER t/f; Appropriate funds received for "Earth Day 2007" to be held on April 21 ,2007 at Beach Park (Ward 2): Dianne Hoover, Director of Recreation & Parks March 5, 2007 · Appropriate a $2,998 grant from California State Parks Foundation to the Recreation and Parks Department Operating Budget within the General Fund to provide trees and supplies for "Earth Day 2007." · Appropriate $1,540 from builder to the Recreation and Parks Department Operating Budget within the General Fund to provide trees along the bike path for "Earth Day 2007." RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: The Recreation and Parks Department received a grant for $2,998 from the California State Parks Foundation (CSPF) for "Earth Day 2007 Restoration and Cleanup" on Saturday, April 21, 2007 at Beach Park, starting at 8:00 a.m. The 10th annual CSPF Earth Day 2007 is part of a national program promoting environmental stewardship. The grant and additional funds will provide for the purchase of 24" box trees, tree stakes, ties, and refreshments for the volunteers. The Recreation and Parks Department is pleased to be able to participate in its first Earth Day project. March 6, 2007, 2:02PM:rlj S:\2007 Admins\Earth Day Admin_3-07 _2.doc ADMINISTRATIVE REPORT MEETING DATE: March 14,2007 AGENDA SECTION: Consent Calendar ITEM: 1l-f.Q.. TO: FROM: DATE: APPROVED 4/ DEPARTMENT HEAD III ( t,. ,-.- CITY ATTORNEY 91:- CITY MANAGER ~ SUBJECT: Protest Hearing for proposed Assessment District No. 06-1, (Etcheverry/Un II/University Park) 0Nard 4 and Ward 5). Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 1, 2007 1. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements and Authorizing and Directing Related Actions. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 17, 2007 Council approved the Preliminary Engineer's Report and scheduled the hearing as required by law for March 14,2007. Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Report, levy the assessments and order the public improvements. Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owner have waived their entitlement to pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments which allows the pre- marketing and pricing of the bond sale by Stone & Youngberg, LLC. The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement and Bond Purchase Contract at the March 28, 2007 Council meeting. The Final Engineer's Report is on file in the City Clerk's Office. March 2. 2007, 9:51AM G:\GROUPDAT\ADMINRPT\2007\03-14\AD06-1 Final En9 Report.doc ADMINISTRATIVE REPORT MEETING DATE: March 14, 2007 AGENDA SECTION: Report ITEM: 15.ct. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director March 5, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER OVED U-- (/6- dr6 SUBJECT: Resolution Establishing Economic Incentives for Participation in the City's Voluntary Curbside Recycling Program. (All Wards) RECOMMENDATION: The Budget and Finance Committee recommends adoption of the Resolution and implementation of the recommendations. BACKGROUND: Following implementation of the City's voluntary curbside recycling program in July of 2003, approximately 4% of the City's 85,000 single family homes subscribe, paying a voluntary fee of $6.67 per month for a blue recycling cart. Numerous promotional efforts have been made to increase participation. Public surveys and other contacts indicated that the fee is a deterrent. At the urging of many residents, and in response to a recommendation by the Keep Bakersfield Beautiful Committee, th~ issue was referred to the Budget and Finance Committee to explore ways to create incentives. Bakersfield has a successful citywide program for refuse and greenwaste recycling carts. The basic level of service includes one tan refuse cart and one greenwaste cart for a monthly fee of $14.09. Extra tan refuse carts are available for a monthly fee of $4.53 each. This is a subsidized fee, with the actual City cost being $7.15 per month. The extra carts have been provided to meet large households' needs, prior to the blue cart program. Also, free extra tan refuse carts were issued to a small number of homes in lieu of greenwaste carts, under the assumption that gardeners would take the greenwaste. On February 26, 2007 the Budget and Finance Committee made the following three recommendations to the City Council, in an effort to increase participation in the curbside recycling program: Recommendation 1: Eliminate the outdated subsidy for extra tan refuse carts, and move that subsidy to the blue cart recycling program to reduce the blue cart service rate from $6.67 to $4.00 per month, and to increase the extra tan refuse cart rate from $4.53 to $7.15 per month. The 3,375 households which currently pay for extra tan refuse carts will be offered a blue cart in exchange for their extra tan cart at the lower fee. Recommendation 2: Cease the practice of issuing free extra tan refuse carts in lieu of a green cart. Currently, 4,937 homes with gardeners have free extra tan refuse carts in lieu of their former green carts. No new extra tan carts will be issued. Those who currently have this option will be informed about the need to recycle using either the blue cart program or the free community drop off recycling centers. March 8, 2007, 12:10PM G:\GROUPDA TlADMINRPT\2007\03-14\Curbside Recycling Incentive Plan.doc ADMINISTRA liVE REPORT Recommendation 3: Explore additional ways to reduce the cost of the blue cart recycling program. Staff will issue a request for proposals (RFP) to identify organizations to operate curbside recycling processing equipment to be purchased utilizing the City's new one-time $1.5 million state beverage container deposit grant. This has the potential to offset recycling program costs for the City. Staff will report back to the Budget and Finance Committee in late spring 2007. The recommendations will be effective July 1, 2007. The extra tan refuse cart fee will be increased from $4.53 to $7.15 per month for any new account or annual renewal, to give existing users the opportunity to switch to the lower cost blue cart before being charged the new fee. The blue cart recycling fee will be reduced from $6.67 to $4.00 per month for all accounts effective July 1, to provide an incentive for recycling. kb March 8. 2007, 12:10PM G:\GROUPDAl\ADMINRPT\2007\03-14\Curbside Recycling Incentive Plan.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 28, 2007 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 Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None. City Clerk McCarthy announced item 15.b. is being removed from the agenda. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (Four issues) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. (Three cases) 1 . Robert Pratt v City, et al 2. Lori Hedberg v City, et al 3. Wanda Grant, et al v City, et al Motion by Councilmember Couch to adjourn the meeting to Closed Session at 5: 17 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:37 p.m. APPROVED Bakersfield, California, February 28, 2007 - Page 2 RECONVENED MEETING - 6:40 p.m. ACTION TAKEN 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None 6. INVOCATION by Pastor Joe Grande, Faith Baptist Church. 7. PLEDGE OF ALLEGIANCE by David Barrett, 1 st Grade Student at Olive Drive School. Mayor Hall acknowledged the Ridgeview High School government class in attendance at the meeting. City Clerk McCarthy announced item 15.b., regarding the Wastewater Treatment Plant is being removed from the agenda. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (Four issues) Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. (Three cases) 1. Robert Pratt v City, et al CITY ATTORNEY AND CITY MANAGER GIVEN DIRECTION b. NO REPORTABLE ACTION 2. Lori Hedberg v City, et al SETTLEMENT AUTHORIZED 3. Wanda Grant, et al v City, et al NO REPORTABLE ACTION City Attorney Gennaro announced settlement in an amount not to exceed $38,500.00 was authorized regarding item 8.b.2. Bakersfield, California, February 28, 2007 - Page 3 9. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of Proclamation to Barbara Miner, President, Woman's Club of Bakersfield, proclaiming March, 2007, as Youth Art Month. Barbara Miner, President, Woman's Club of Bakersfield accepted the proclamation. b. Presentation by Mayor Hall of Certificate of Appreciation to 1 st Sgt. Robert Breeden, USMC. Sgt. Breeden accepted the proclamation. 10. PUBLIC STATEMENTS a. Paul Kunzler spoke regarding sick leave pay-out. b. Mary Osborn, Treasurer of the Van Horn School Parent Club, spoke regarding the Van Horn Classic Car/Bike Show, invited the Mayor and Council to attend the show, and provided written material. c. Roy Malahowski, Greater Bakersfield Legal Assistance, Jacqueline Meares, Paula Doddy and Roberta Culp spoke regarding traffic control near the Homeless Center. Councilmember Couch requested staff address the matter of Homeless Shelter residents assisting police staff attempt to control traffic near the shelter. a. Roger Christy, Greg Bynum, Danielle McKinney, Kevin Burton, Ken Carter and Sheryl Barbich, Greater Bakersfield Vision 20/20 spoke regarding updating of the City monument signs. 11. APPOINTMENTS Bakersfield, California, February 28, 2007 - Page 4 ACTION TAKEN a. One appointment to the Miscellaneous Civil Service Board, due to the resignation of Sam Chow, term expiring December 31,2008. City Clerk McCarthy announced correspondence was received from Cynthia Zimmer withdrawing her application, leaving a total of five applicants for the position. Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 McClellan Klimko Klimko Klimko Klimko Kilmko Klimko Motion by Vice-Mayor Hanson to appoint Gregory Klimko to fill the vacancy created by the resignation of Sam Chow on the Miscellaneous Civil Service Board, term expiring December 31, 2008. APPROVED b. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Gregory Gordon term expiring November 2008. Motion by Councilmember Benham to appoint Stephen Montgomery to the Keep Bakersfield Beautiful Committee, term expiring November 2008, due to the resignation of Gregory Gordon. APPROVED 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 7, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from January 26, 2007 to February 15, 2007 in the amount of $19,837,741.37 and self-insurance payments from January 26, 2007 to February 15, 2007 in the amount of $232,254.84. ASS WEIR 12. Bakersfield, California, February 28, 2007 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 124-16) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40 acres located on the northwest corner of E. White Lane and Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner: Cottonwood Villas, LLC) First Reading of Ordinance amending Section 17.060.020 (Zone Map NO.1 03-13) of the Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling-Church Overlay) to R-1 (One Family Dwelling) on .66 acre located on the south side of Paladino Avenue, approximately Y2 mile west of Morning Drive. (ZC 06-1931) (Applicant: Thomas D. Sholin/Property Owner: Paladino West, LLC) FR FR d. e. First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.030, 1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 481 consisting of 127.39 acres located south of Panama Lane, east of S. Union Avenue and Annexation No. 524 consisting of .24 acres located east of Hughes Lane, south of Highway 58 to Ward 1; Annexation No. 541 consisting of 6.67 acres located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres located south of Panama Lane, generally east and west of Buena Vista Road, Annexation No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation No. 518 consisting of 2081.80 acres located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation No. 527 consisting of 81.06 acres located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation No. 534 consisting of .72 acres located north of Belle Terrace, south of Blomquist, east of McDonald Way to Ward 6. FR ASS WEIR 12. Bakersfield, California, February 28, 2007 - Page 6 CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance denying the appeal, adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 104-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vineland Drive. (ZC 06-0581) (Applicant: Marino and Associates/Property Owners: Patricia Crawford, et al) ORD 4409 Resolutions: g. Resolution authorizing the execution of a standard agreement or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development for the proposed Millcreek Linear Park Project. RES 030-07 ASS COUCH h. Sewer Connection Fee Assessments: 1. RES 031-07 Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Jeff F. Ybarra and Mary J. Ybarra, 5109 Centaur Street, to pay sewer connection fee in installments and notice of special assessment lien. 2. AGR 07-042 i. General Plan Amendment/Zone Change No. 06- 2022; Mel Heinemann, representing himself, Jack & Nuha Haddad and the City (property owners) has applied for a general plan amendment and zone change on approximately 40 acres located at the southwest corner of E. Planz Road and Washington Street (future) and on approximately 40 acres located at the southeast corner of Cottonwood Road and E. Berkshire Road (future). Bakersfield, California, February 28, 2007 - Page 7 12. CONSENT CALENDAR continued Item 12.i. continued ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres. RES 032-07 2. FR j. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map Nos. 124-16 and 124-28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres. General Plan Amendment/Zone 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). WITHDRAWN 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to PUD (Planned Unit Development) on 39.29 acres. 12. Bakersfield, California, February 28, 2007 - Page 8 CONSENT CALENDAR continued ACTION TAKEN k. General Plan Amendment/Zone Change No. 06- 0925; Mcintosh & Associates, representing John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr. (property owners) has applied for a general plan amendment and zone change on 60 acres located at the northeast corner of Panama Lane and S. Allen 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 LR (Low Density Residential} on 60 acres. RES 033-07 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres. FR I. REMOVED General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle & Cooke, CA, Inc. (property owner) has applied for a general plan amendment, specific plan adoption, zone change and development agreement approval for the West Ming project on 2,184 acres generally located between Ming Avenue (extended) and Southern Pacific Railroad, Buena Vista Road and future West Beltway. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone Change No. 03-1544, known as the West Ming Project. Bakersfield, California, February 28, 2007 - Page 9 12. CONSENT CALENDAR continued Item 12.1. continued 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture), R-MP (Resource-Mineral Petroleum) and OS (Open Space) to West Ming Specific Plan and change the Kern River Plan Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum) and 2.5 (Flood Plain Overlay) to West Ming Specific Plan and amending the Circulation Element to change the Circulation Element alignment of the collector roads within the project boundaries to deviate from the current grid pattern, re-designate White Lane and Ming Avenue (west of South Allen Road) from arterials to collectors as shown in the West Ming Specific Plan. 3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan Bakersfield General Plan and the Kern River Plan Element Land Use Elements to WM-LR (West Ming-Low Density Residential) on 448 acres; to WM-LMR (West Ming-Low Medium Residential) on 980 acres; to WM-HMR (West Ming-High Medium Density Residential) on 378 acres, to WM-HR (West Ming-High Density Residential) on 43 acres, to WM-GC (West Ming-General Commercial) on 41 acres, to WM-OC (West Ming-Office Commercial) on 9 acres, WM-MU (West Ming-Mixed Use) on 63 acres and to WM-SU (West Ming-Special Use) on 220 acres. ACTION TAKEN 12. Bakersfield, California, February 28, 2007 - Page 10 CONSENT CALENDAR continued Item 12.1. continued ACTION TAKEN 4. Resolution approving amendment to Title 17 of the Municipal Code by adopting the West Ming Specific Plan zoning for the project site changing the zoning to WM-R1 (West Ming One Family Dwelling) on 448 acres, WM-R2 (West Ming Limited Multiple Family Dwelling) on 1,358 acres, to WM-R3 (West Ming Limited Multiple Family Dwelling) on 43 acres, to WM-CO (West Ming Professional and Administrative Office) on 41 acres, to WM-GC (West Ming General Commercial) on 9 acres to WM- TC (West Ming Town Center) on 63 acres and to WM-SU (West Ming Special Use) on 220 acres. 5. Resolution approving the Development Agreement. m. Resolution adding territory, Area 3-61 (Akers, lronrock SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-62 (Mountain Vista, Berkshire NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. RES 034-07 n. RES 035-07 o. Resolution adding territory, Area 3-63 (Harris, Old River SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-68 (Panorama, Rivani NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. RES 036-07 p. RES 037-07 Bakersfield, California, February 28, 2007 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN q. Resolution adding territory, Area 4-69 (Union, E RES 038-07 California NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. r. Resolution adding territory, Area 4-70 (College, Valencia SE) to the Consolidated Maintenance RES 039-07 District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. s. Resolution adding territory, Area 5-31 (Pacheco, RES 040-07 Cottonwood NW) 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. t. Resolution adding territory, Area 5-32 (Hosking, RES 041-07 Shannon SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. u. Resolution of Intention No. 1509 to add territory, RO/1509 Area 3-64 (Panama, Buena Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1510 to add territory, RO/1510 v. Area 3-65 (Hughes, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1511 to add territory, RO/1511 Area 4-71 (Edison, Chase) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. x. Resolution of Intention No. 1512 to add territory, RO/1512 Area 5-33 (Belle Terrace, Madison SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 12. Bakersfield, California, February 28, 2007 - Page 12 CONSENT CALENDAR continued ACTION TAKEN y. Revised job specification and change to salary schedule: Agreements: 1. 2. Amendment NO.4 to Resolution No. 078-06 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units, and, adopting salary schedule and related benefits for Assistant Economic Development Director. Revised job specification/title change for Community Development Coordinator to Assistant Economic Development Director. RES 078-06(4) Z. Final Tract Maps and Improvement Agreements with: 1. San Joaquin Development, LLC for Tract 6152 Phase 3 located between McKee Road and Taft Hwy. (Hwy 119) west of Wible Road. JP/CP Development, Inc. for Tract 6295 Phase 2 located between Calloway Drive and Coffee Road south of Brimhall Road. Dunmore Diamond Ridge, LLC for Tract 6332 located between Ashe and Stine Roads south of McCutchen Road. AGR 07-043 2. AGR 07-044 3. AGR 07-045 AGR 07-046 4. Canyon Capital, Inc. & M.C. Williams Bros, Inc. for Tract 6353 Phase 1 located at the southwest intersection of Hosking Avenue and Hwy 99. Lo Land Assets, LP & Lennar Homes of California, Inc. for Tract 6361 Phase 1 located between Wible Road & Hwy 99, south of McKee Road. Moreland Family, LLC & C&O Bakersfield I, LLC for Tract 6362 Phase 1 located between Wible Road and Hwy 99, south of McKee Road. AGR 07-051 AGR 07-052 AGR 07-047 AGR 07-048 5. AGR 07-049 AGR 07-050 6. 7. Val Verde, LLC for Tract 6268 located at the southwest intersection of Hosking Avenue and Shannon Drive. AGR 07-053 AGR 07-054 12. Bakersfield, California, February 28, 2007 - Page 13 CONSENT CALENDAR continued Item 12.z. continued Agreement with Tuscany/Parcel 14, dba Siena Homes for Tract 6347 (estimated Transportation Impact Fee Credit $278,714) located near the northwest corner of Alfred Harrell Highway and Paladino Drive. Agreement with Steven Hendrix for purpose of constructing an aircraft storage hangar for a monthly lease fee of $40.00. cc. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1529 (Grand Bakersfield, LLC) generally located east of Ashe Road, south of Engle Road, west of Stine Road and north of Houghton Road. aa. bb. dd. ee. Agreement with RBF Consulting ($191,183) to prepare EIR. Agreement with CMX Sports Engineers, LLC ($710,000) for preliminary and schematic design of the Sports Village located on the north side of Taft Highway between Gosford and Ashe Roads. 2. ACTION TAKEN 8. Lennar Homes of California, Inc. for Tract 6453 Unit 1 located at the southwest intersection of Reina and Allen Roads. AGR 07-055 AGR 07-056 9. AGR 07-057 AGR 07-058 AGR 07-059 AGR 07-060 Castle & Cooke California, Inc. for Tract 6799 located at the southwest intersection of Ming Avenue and Gosford Road. 10. Wilson/Brimhall, LLC for Parcel Map 11476 located at the northwest intersection of Brimhall Road and Calloway Drive. (Improvement Agreements only) AGR 07-061 AGR 07-062 AGR 07-063 1. AGR 07-064 Agreement with Grand Bakersfield, LLC ($254,900) for preparation of EIR and appropriate $191,183 (developer's contribution) to the Development Services Operating budget in the General Fund. AGR 07-065 AGR 07-066 Agreement with CMX Sports Engineers, LLC ($697,000) for architectural and engineering services for 40 acre baseball park located on the corner of Jewetta Avenue and Stockdale Highway. AGR 07-067 Bakersfield, California, February 28, 2007 - Page 14 12. CONSENT CALENDAR continued ACTION TAKEN ff. Agreement with Arvin-Edison Water Storage District AGR 07-068 (License to Encroach on Right of Way) for Madison Street Bridge. gg. Amendment No. 1 to Agreement No. CA 06-022 AGR 07-069 with Bragg & Associates (not to exceed $80,000) for handling liability claims adjusting and administration services. hh. Amendment NO.1 to Agreement No. 06-211 with AGR 06-211(1) Greenfield Housing, LP for construction of 35 ASS COUCH affordable single family rental units of which the City will provide HOME CHDO financial assistance to five housing units and revise the language dealing with project definitions and underwriting terms of the CITY loan and remove Trust Deed security (no budgetary action). ii. Amendment No.3 to Agreement No. 00-095 with AGR 00-095(3) William Avery & Associates, Inc. (not to exceed $41,200 including expenses) for negotiation and consultant services in employer-employee relations. jj. Amendment NO.2 to Agreement No. 05-262 with AGR 05-262(3) Jim Alfter Cement Contractor ($1,200,000 revised not to exceed $3,000,000) for concrete construction. kk. Amendment No.1 to Agreement No. 04-310 with AGR 04-310(1) Kone, Inc. ($20,000 revised not to exceed $100,000) for elevator maintenance and repair for various City facilities. II. Amendment No.2 to Agreement No. 05-065 with San Joaquin Fence and Supply ($200,000 revised not to exceed $500,000 and extending the term for one year) for fencing. mm. Amendment No. 1 to Agreement No. 06-371 with bd Systems, Inc. for computerized routing application. AGR 05-065(2) AGR 06-371(1) Bids: nn. Accept bid from Casa Moore Audio and Video ($72,097.74) for a wireless mesh system for the Police Department. 00. Accept bid from US Filter ($2,084,114) for four dewatering centrifuges to be used in the Wastewater Treatment Plant 3 - 2007 Expansion Project. pp. Accept bid from Better Direct LLC ($77,777.70) for Bakersfield, California, February 28, 2007 - Page 15 qq. replacement tablet computers. Accept bid and award contract to D.C. Hubbs Construction ($94,975) to construct guard rail improvements on Panorama Drive from Haley Street to Mt. Vernon Avenue. ACTION TAKEN AGR 07-070 rr. Reconstruction on Gosford Road from Panama Lane to the Union Pacific Railroad tracks and on Olympia Drive from S. Laurelglen Boulevard to S. Half Moon Drive: 1. Accept bid and award contract to Granite Construction ($1,865,838) for the project. 2. Appropriate $150,000 surplus interest earnings of Vehicle License Fee Receivable Proceeds to the Public Works Capital Improvement Budget within the Capital Outlay Fund. 3. Appropriate $1,900,000 of Traffic Congestion Relief (Proposition 42) funds to the Public Works Capital Improvement Budget within the Gas Tax Fund. Miscellaneous: AGR 07-071 ss. Reclassification of Programmer Analyst (1 position) to Applications Systems Supervisor. tt. Reclassification of Laborer (2 vacant positions) to Facility Workers (Solid Waste Division). uu. Revised job specification for Computer Drafting Technician 1/11. w. Employee recruitment and retention. ww. Authorization of a letter from the City to Governor Schwarzenegger requesting his support for a fair share allocation of Proposition 1 B Air Quality Mitigation funds ($1,000,000,000) to the San Joaquin Valley. Bakersfield, California, February 28, 2007 - Page 16 12. CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced correction to items 12.1. and 12.tt. Additionally the following correspondence was received from City of Shatter officials: · 2/27/07 from City Manager Guinn regarding item 12.1., West Min9 project · 2/27/07 from Mayor Prout, regarding item 12.1., West Min9 project · 2/27/07 from Mayor Prout, regarding Shafter water · 2/28/07 from City Manager Guinn regarding letter from Mayor Prout · 2/28/07 from Mayor Prout regarding West Ming project and Shatter water Furthermore, correspondence and memorandums were received on 2/28/07 from the City Assistant Public Works Director, Water Resources Manager and Planning Director addressing some of the correspondence from the City of Shafter officials. Also, at the request of the developer, item 12.1. is being continued to a future General Plan Amendment cycle and the public will be noticed at that time. Councilmember Weir announced he would abstain due to conflicts of interest on items 12.b. and 12.e. Councilmember Couch announced he would abstain due to conflicts of interest on items 12.g. and 12.hh. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.ww., with correction to item 12.ft, withdrawal of item 12.j. and at the request of the developer, the removal and continuation to a future GPA cycle of item 12.1. 13. CONSENT CALENDAR HEARINGS b. Public Hearing to consider Resolution ordering the vacation of the 20 foot wide alley south of Bernard Street and west of Inyo Street. Public Hearing to consider Resolution to use a portion of City property as a public street right of way for Burr Street west of Gibson Street. RES 042-07 a. RES 043-07 Bakersfield, California, February 28, 2007 - Page 17 13. CONSENT CALENDAR HEARINGS continued ACTION TAKEN c. Public Hearing to consider Resolution making RES 044-07 findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. d. Public Hearing (TEFRA) to consider Resolution RES 045-07 authorizing Levy Affiliated Holdings, LLC, or a limited liability company or limited partnership to be established by Levy Affiliated Holdings, LLC, to issue multifamily housing revenue bonds (not to exceed $7,500,000 to be used for acquisition, rehabilitation and development of an 88 unit multi- family rental housing development commonly known at Coventry Apartments at 3101 Coventry Place. Public Hearing (TEFRA) to consider Resolution RES 046-07 e. authorizing Catholic Healthcare West to issue tax exempt revenue bonds (not to exceed $985,000,000) for financing and/or refinancing the acquisition, construction, improvement and equipping of certain medical facilities known as Bakersfield Memorial Hospital (420 34th Street), Mercy Hospital (2215 Truxtun Avenue), Mercy Southwest Hospital (400 Old River Road) and other health care facilities related thereto, owned and operated by Catholic Healthcare West. Hearings opened at 7:39 p.m. No one spoke. Hearings closed at 7:39 p.m. Motion by Vice-Mayor Hanson to approved Consent APPROVED Calendar Hearing items 13.a. through 13.e. 14. HEARINGS None. Bakersfield, California, February 28, 2007 - Page 18 15. REPORTS ACTION TAKEN a. Refurbishment of the entry monument signs located on State Route 99. City Clerk McCarthy announced correspondence was received regarding this issue, two in favor of the Squiggle option, thirteen in support of the Vision 2020 option, two in favor of maintaining the current logo and one miscellaneous piece of correspondence. Motion by Councilmember Sullivan to include the present City logo in future entry sign designs with the specifics of those designs to be determined at a later date. FAILED NS HANSON, CARSON, BENHAM, COUCH Motion by Councilmember Benham to approve the proposed site improvements with costs to be provided as indicated in the administrative report, options one and two for the south sign and option one at the north sign, from the Council Contingency Fund. APPROVED NS WEIR Motion by Councilmember Benham to approve the Vision 20/20 option, with the lettering option decision to be deferred, depending on the cost estimates from staff and fund-raising success from Vision 20/20. Additionally, Vision 20/20 will report back regarding fund-raising efforts in thirty days. APPROVED NS WEIR Recess taken from 9:00 to 9:09 p.m. b. Report on Proposed Financing Plan for the Wastewater Plant Upgrade and Expansion Project. City Clerk McCarthy reiterated this item has been removed from the agenda. REMOVED Bakersfield, California, February 28, 2007 - Page 19 16. DEFERRED BUSINESS ACTION TAKEN a. South Mill Creek Plaza Maya Cinema Complex: 1. Amendment No. 2 to Agreement No. 04-002 with D.W. Sivers Company and Maya Cinemas North America, Inc. to extend the completion date for the construction of the project to December 31,2008. AGR 04-002(2) 2. Amendment No. 2 to Agreement No. 04-003 with D.W. Sivers Company and Maya Cinemas North America, Inc. to extend the joint use parking agreement. AGR 04-003 City Clerk McCarthy announced Councilmember Couch will excuse himself from this item due to conflict of interest due to source of income, and for the remainder of the meeting. EDCD Director Kunz made staff comments. Roger Mcintosh, Mcintosh & Associates, representing Olmsheid and Sivers, made comments and introduced Ray Olmscheid. Ray Olmscheid, Olmscheid and Sivers, made comments and answered questions. Motion by Councilmember Benham to extend the completion date to December 31,2008 and to approve the Amendment to extend the Joint Use Parking Agreement. 16. DEFERRED BUSINESS continued APPROVED ASS COUCH None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Mayor Hall made comments regarding the success of the anti-graffiti program. Bakersfield, California, February 28, 2007 - Page 20 19. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 9:35 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield