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Home My WebLink About09/26/07_CC_AGENDA_PACKET5~ ~~~ ,.~, BAKERSFIELD CITY COUNCIL ,~: a AGENDA SEPTEMBER 26, 2007 ~~t .~ Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS a. Presentation by Steven Woods, Golden Empire Transit District, regarding bus service to the William M. Thomas Airport Terminal. 4. CLOSED SESSION a. Conference with Labor Negotiator, Bill Avery; Closed Session pursuant to Government Code Section 54957.6. RECONVENED MEETING -approximately 6:30 p.m. 5. ROLL CALL s. INVOCATION by Pastor Victor Airiohuodion, Citygate Christian Center. 7. PLEDGE OF ALLEGIANCE by Ethan Calvillo, 1St Grade Student at Downtown Elementary. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Paula Mande, Executive Director, The Greater Bakersfield Council of the Blind, proclaiming October, 2007, as White Cane Awareness Month. b. Presentation by Mayor Hall of Proclamation to Stacy Crooks from Links for Life, proclaiming October, 2007, as Paint the Town Pink Month. 10. PUBLIC STATEMENTS 11. APPOINTMENTS a. Three appointments to the Keep Bakersfield Beautiful Committee due to the resignations of Merry McCalley (Mayor), Thomas Edmonds (Ward 4) and Sheryl Graab (Ward 7). Staff recommends Council determination. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 12, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from August 31, 2007 to September 13, 2007 in the amount of $19,494,954.21 and self-insurance payments from August 31, 2007 to September 13, 2007 in the amount of $169,578.82. 12. CONSENT CALENDAR continued Ordinances: (Ward 3) c. First Reading of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 104-07) by changing the zoning from R-1 (Single Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on approximately 20 acres generally located 600 feet north of Paladino Drive and divided by the future alignment of Rivani Drive. (ZC 06-2254) (Applicant: McIntosh & Associates/ Property Owner: Steven Boneso) d. Adoption of Ordinance amending Chapter 15.72 of the Municipal Code relating to the Historic Preservation Commission. (Legislative & Litigation Committee) (FR 09/12/07) (Ward i,a,7) e. Adoption of Ordinance amending Sections 1.12.010, 1.12.040 and 1.12.070 of the Municipal Code adding Annexation No. 536 consisting of 109.86 acres located north of E. Panama Lane, on the east side of Union Avenue and Annexation No. 546 consisting of 22.32 acres located south of Berkshire Road, east of S. Union Avenue to Ward 1; Annexation No. 499 consisting of 1,681 acres located south of Seventh Standard Road, west of Allen Road and Annexation No. 533 consisting of 53.25 acres located north of Snow Road, west of Calloway Drive to Ward 4; and, Annexation No. 506 consisting of 183.99 acres located east of Wible Road, south of Taft Highway to Ward 7. (FR 09/12/07) (Ward 6)* f. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 142-03) by changing the zoning from RS-20A (Residential Suburban-20 acres minimum) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Combining) on 1.55 acres located along the south side of Taft Highway, generally west of Mountain Ridge Road (future alignment) between Ashe Road and Stine Road. (ZC 07-0514) (Applicant/Owner: Jim Clawson, Jr.) (FR 08/29/07) (Ward 1)' g. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 124-20) by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling} on 49.52 acres located at the northwest corner of E. Panama Lane and Cottonwood Road. (ZC 06-2275) (Applicant: Jim Marino/Property Owner: Garone Family Trust) (FR 08/29/07) (Ward 3) h. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 104-18) by changing the zoning from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 acres generally located adjacent to Rivani Drive generally east of Morning Drive and north of State Route 178 (ZC 06-2246) (Applicant: San Joaquin Engineering, Inc./Property Owners: Dorothy Lorraine Talbert, Suzanne Powell, Steve Alan Talbert, Elias N. Afana Revocable Trust, John D. Afana, Terry & Kathy Talbert Family Trust, Nicole Afana & Janet Gail Afana Revocable Trust, Afana Family Trust, Marilyn G. Afana, Jerrilyn S. Frazee) (FR 08/29/07) Resolutions: (Ward 4-7) i. Resolutions ordering judicial foreclosure of delinquent assessments for the following Assessment Districts: 1. AD 93-2 (Stine/Harris) 2. AD 94-1 (Renfro/Hughes) 3. AD 94-2 (Gosford/V1/hite) 4. AD 01-2 (Seven Oaks West II/River WaIWSouthern Oaks) 5. AD 02-1 (Avalon/Belsera/Montaire/The Woods) 6. AD 03-1 (Brighton Place/Silver Creek II) 7. AD 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III) -upon annexation 2 City Council Meeting of 09/26/2007 12. CONSENT CALENDAR continued j. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. k. Police Radia Communications Equipment: 1. Resolution determining that satellite receiver voting comparators cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $46,000. 2. Appropriate $46,000 Equipment Management Fund Balance to the Public Works Department's Operating Budget. (Ward 6)' I. Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 573 consisting of 19.55 acres located east of Ashe Road, north of Engle Road, south of Curnow Road. (Ward 3) m. Assessment District No. 07-2 (Sydney Harbour): 1. Resolution approving boundary map. 2. Resolution of Intention No. 1552. 3. Resolution accepting petition and determining to undertake special assessment proceedings. 4. Agreement with Wilson & Associates for assessment engineering services. 5. Agreement with Orrick, Herrington & Sutcliffe for legal bond services. 6. Agreement with Goodwin Procter, LLP for legal disclosure services. (Ward 2,5,7) n. 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 3-73 (McAllister Ranch #1) 2. Area 4-81 (California, "P" NW) 3. Area 5-39 (McCall, Mesa Grande NW) (Ward 6) o. Resolution of Intention No. 1558 to add territory, Area 2-35 (Stine, White SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 2) p. Resolution of Intention No. 1557 to order the vacation of a 20 foot wide alley in Block 195 between H and Eye Streets and between 21 st and 22"d Streets. q. Amendment No. 1 to Resolution No. 118-94 revising the penalties for parking violations from $65.00 to $150.00. r. Resolution announcing the City's intention to file a Notice of Intent and a Notice of Continuation regarding a potential Quiet Zone. (Railroad Ad-hoc Committee) s. Resolution awarding contract to CCG Systems, Inc. ($118,600) for fleet management information system. " -upon annexation 3 City Council Meeting of 09/26/2007 12. CONSENT CALENDAR continued (Ward 1) t. Sewer Connection and Construction Fees for McDonald Area Sewer Project: Resolution confirming assessments for sewer connection fee including the construction fee and authorizing the collection assessments by the Kern County Tax Collector. 2. Agreements to pay sewer connection and construction fee in installments and notice of special assessment lien with: a. Sharena Barriga -10 Suzanne Street b. Pamela Roberts - 113 Dunlap Street c. Nunez Family Trust (co trustees-Joe Medina Nunez & Ida Medina Nunez) - 137 Dunlap Street d. Irene Y. Terry - 22 Candy Street Agreements: (Ward 1,5,7) u. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with McMillin Cordona Crossing, LLC, for Tract 6006 Phase 7 located north of McKee Road and west of State Route 99. 2. Final Map and Improvement Agreements with Fairway Oaks South, LP, for Tract 6079 Phase 6 located south of Southern Pacific Railroad on Mountain Vista Road. 3. Final Map and Improvement Agreements with Standard Pacific Corp., for Tract 6329 Phase 2 located at the southeast intersection of Harris Road & Mountain Vista Drive. 4. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6363 Unit 2 located east of Old River Road on Pacheco Road. 5. Final Map and Improvement Agreements with Berkshire Place, LLC for Tract 6371 located at the northwest intersection of Berkshire Road and S. Union Avenue. (Ward 3) v. Agreement with PB Americas, Inc. ($2,472,914.00) for engineering and environmental design services for the SR-178 Widening. (TRIP) (ward s) w. Agreement with Lim & Nascimento Engineering Corp. ($2,628,578.21) for engineering and environmental design services for the Hageman Flyover. (TRIP) (Ward 3) x. Agreement with Pacific Gas & Electric Company for the permanent relocation of gas distribution facilities in conflict with the new SR 178 and Fairfax Road Interchange. (TRIP) (Ward 7) y. Agreement with Jose and Engracia Machuca ($39,500) to purchase real property located at 3035 Hosking Road to widen Hosking Road. (Ward 7) z. Agreement with Anthony David and Delora May Encinas ($150,000) to purchase real property located at 8056 Stine Road to improve Stine and Hosking Road intersection. (ward 7) aa. Agreement with Craig and Holly Oliver ($25,000) to purchase real property located at 2941 Hosking Road to widen Hosking Road. (Ward 7) bb. Agreement with Petronilo and Maria Barajas ($22,000) to purchase real property located at 3112 Hosking Road to widen Hosking Road. 4 City Council Meeting of 09/26/2007 12. CONSENT CALENDAR continued (Ward 3) cc. Park at Paladino Drive and Rivani Drive: 1. Agreement with Centex Homes ($18,600) for dedication of 1.84 net acres and purchase of a .31 acres parcel of property in Vesting Tentative Tract Map 6426 to the City for park purposes. 2. Appropriate $18,600 Park Development Fund balance from the Northeast Acquisition -Zone 3 to the Recreation and Parks Capital Improvement Project budget for purchase of property. (Ward 3) dd. Rivers Edge Park on Allegheny Court: 1. Agreement with Centex Homes ($274,448) to dedicate 8.16 net acres of property in Vesting Tentative Tract 6148 to the City for park purposes and development. 2. Appropriate and additional $29,059 Park Development Fund balance from the Northeast Development -Zone 3 to the Recreation and Parks Capital Improvement Project budget for improvement of the park. ee. Memorandum of Understanding with Kern Medical Center regarding required training for the Hazardous Materials/Technical Rescue Paramedic program. ff. Amendment No. 1 to Agreement No. 06-335 with Muxlow Construction ($50,000; total not to exceed $100,000) of Community Development Block Grant funds to provide handicap accessibility improvement services to qualified low income residents in privately owned structures. gg. Amendment No. 1 to Agreement No. 06-209 with Boyle Engineering Corporation ($50,000; total not to exceed $200,000) for the continued provision of professional services for the inclusion of land within the City's Consolidated Maintenance District. Bids: (ward 3) hh. Accept bid and award contract to Granite Construction ($1,746,418.05) for the Pavement Reconstruction: Federal Fiscal Year 2006-2007 for Columbus Street from Mt. Vernon Avenue to Auburn Street project. Accept bid and award annual contract to Granite Construction (not to exceed $5,000,000) for street materials. Amendment to the bid awarded to Granite Construction (revised not to exceed $441,770) for HUD street materials. Miscellaneous: kk. Community Development Block Grant (CDBG) and HOME Investment Partnership Action Plan Amendment No. 1 (FY07/08) and Amendment No. 2 (FY 06-07). 1. Transfer $649,000 CDBG Project Savings to the Capital Improvement Program budget within the CDBG Fund. 2. Appropriate $211,000 Prior Year Program Income to the Capital Improvement Budget and $67,000 to the Operating Budget within the CDBG Fund. 3. Transfer $396,231 HOME Investment Partnership Project Savings to the Economic and Community Development Operating budget within the HOME Fund. 4. Appropriate $1,253,769 HOME Investment Partnership, Prior Year Program Income to the Economic & Community Development Operating Budget with the HOME Fund. City Council Meeting of 09/26/2007 12. CONSENT CALENDAR continued (Ward 2) II. Grant of easement to P.G. & E. to provide electrical service to remediation equipment located north of Brimhall Road extended (Flying J Refinery). Staff recommends adoption of Consent Calendar items a through ll. 13. CONSENT CALENDAR HEARINGS (Ward 6) a. Public Hearing to consider Curnow Planned Sewer Area (Staff recommends adoption of resolution and ordinance) 1. Resolution adopting the Curnow Planned Sewer Area and making findings thereto. 2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities to include the Curnow Planned Sewer Area. (FR 09/i2/07) (Ward 2) b. Public Hearing to consider resolution approving Zoning Modification No. 07-1174 to increase the height of an existing 12 story office building from 176 feet to approximately 200 feet to permit the construction of an additional story in a C-O (Professional and Administrative Office) located at 5060 California Avenue. (Applicant: Skarphol Associates/Property Owner: Moreland Corporation) (Staff recommends adoption of resolution.) 14. HEARINGS 15. REPORTS 16. DEFERRED BUSINESS a. Illegal Immigration: Resolution declaring English as the official language of the City of Bakersfield. 2. Resolution declaring that the City of Bakersfield will not be a sanctuary city. 3. Report by staff regarding City services. 4. Resolution calling for Federal Immigration Reform. Council determination. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Res ectfully submitted, .__/--- Alan Tandy City Manager 9/21/07 9:20am 6 City Council Meeting of 09/26/2007 AGENDA HIGHLIGHTS . . ~ SEPTEMBER 26, 2007 COUNCIL MEETING a REGULAR MEETING - 5:15 p.m. WORKSHOP Steven Woods of the Golden Empire Transit District will give a presentation regarding bus service to the William M. Thomas Airport Terminal CLOSED SESSION There will be a conference with the labor negotiator. CONTINUATION OF REGULAR MEETING - aaaroximately 6.30 p m APPOINTMENTS Three appointments will be made to the Keep Bakersfield Beautiful Committee. CONSENT CALENDAR Ordinances Item 12c. First Reading of an Ordinance approving a Negative Declaration and Amending the Municiaal Code by Changing the Zoning from R-1 to R-2/PUD on Aaproximately 20 Acres Generally located 600 Feet North of Paladino Drive and Divided by the .Future Alignment of Rivani Drive McIntosh & Associates, representing Steven Boneso propose development of 348 residential units. The Planning Commission recommended denial of the entire project to the City Council on July 5, 2007. Upon appeal, the City Council conducted ~ a public hearing on August 29, 2007 and subsequently voted to approve the project. Resolutions Item 12k. ~ommunicanons tauiament nor the nonce uenartment m an amount not to exceed $46 000 In FY 2006-07, five satellite receiver voting comparators were purchased. This equipment did not integrate with the existing Motorola infrastructure and was returned for a full refund. Staff requests the appropriation of $46,000 from the Equipment Management Fund to purchase Motorola satellite receiver comparators, which are compatible with existing City radio infrastructure. Staff negotiated a 20% discoun# with Mechem Electronics. Item 12r. Resolution Announcing an Intention to File a Notice of Intent and a Notice of Continuation regarding a Potential Quiet Zone. The Railroad Ad Hoc Committee has been focused on the Quiet Zone process. In meeting discussions, staff was informed that there seems to have been an informal agreement with BNSF that its trains would not blow their horns when in Metropolitan Bakersfield. The Committee recommends that staff file a Notice of Continuation with the Federal Railroad Administration (FRA), which, if approved by them, the horns potentially would not blow while staff pursues the process. The Committee further recommends that staff file a "Notice of Intent to Create a Quiet Zone". This particular notice would cause the PUC, FRA and BNSF to provide written comments which will then help staff develop a better idea of the true costs involved in creating a quiet zone. These are preliminary actions and no one should assume that the noise problems have been solved! v Agreements Item 12v.~ Agreement with PB Americas. Inc. for Engineering and Environmental Design Services for. the SR-178 Widening in the amount of $2.472 914. This project will consist of widening approximately 3.6 miles of the existing two-lane SR-178 to four lanes from the eastern limit of the SR-178/Morning Drive interchange project to Rancheria Road.. Twelve firms responded to the request for qualifications. Based on these submittals, seven firms were interviewed. Based on the rankings of the qualification submittals and the interviews,. PB Americas, Inc. was selected for this TRIP project. The work schedule is approximately 24 months. Item 12w. Agreement with Lim & Nascimento Engineering Corp (LAN) for Engineering and Environmental Design Services for the Haaeman Flyover in the amount of $2 728 578 21 This project will consist of constructing a grade separated interchange at the existing interchange of SR- 178 and Oak Street. Twelve firms responded to the .request for qualifications. Based on these submittals, seven firms were interviewed. Based on the rankings of the qualification submittals and the interviews, LAN was selected for this TRIP project. The work schedule is approximately 24 months. Item 12x. Agreement with Pacific Gas 8~ Electric Company for the Permanent Relocation of Gas Distribution Facilities that are in Conflict with the New SR-178 and Fairfax Road Interchange To facilitate construction of the new SR-178/Fairtax Road interchange, PG&E must relocate a gas line. Since the interchange project falls within State right-of-way, the gas line will be relocated at 50% City expense and 50% PG&E expense in accordance with the Freeway Master Contract between PG&E and Caltrans. The total relocation-costs are estimated to be $201,000, with the City's share being $100,500. Bids Item 12hh. ~ireet. rrom nnt. vernon Avenue to Aut~urn Street in the amount of S1 746 418 05 In addition to full depth pavement reconstruction of the existing roadway, this project also includes striping, ,pavement markings, handicap access ramps and traffic signal detector loops. Four acceptable bids were received. Staff recommends awarding the contract to Granite Construction. Item 1211. Award Annual Contract to Granite Construction for Street Materials in an amount not to exceed $5.000.000. Of the 100 invitations to bid that were sent, only 3 firms responded. ~ The bid pricing schedule is renewable annually for 4 consecutive one-year periods at the City's option and upon mutually agreeable terms. Staff recommends awarding the contract to Granite Construction. Item 12~j. Amendment to the Contract Awarded to Granite Construction for HUD Street Materials in a revised not to exceed amount of $441.770. In January, 2007, Council approved a contract with Granite Construction in an amount not to exceed $250,000. Additional funding is now available from the FY 2007-08 CDBG budget, so staff is requesting that the contract be increased by $191,770, for a total not to exceed amount of $441,770. Miscellaneous Item 12kk. Community Development Block Grant (CDBG) and HOME Investment Partnership Action Plan Amendment No. 1 (FY 07-48) and Amendment No. 2 i'FY 06-07). Staff is proposing twelve amendments to CDBG/HOME activities. This hearing is being held in compliance with HUD regulations in order to obtain citizen comments on the proposed changes. To date, no comments have been received. September 26, 2007 Agenda Highlights Page 2 CONSENT CALENDAR HEARINGS Item 13a. Public Hearing to Consider the Curnow Planned Sewer Area The plan is to construct a sewer trunkline in Ashe Road and Curnow Road west of Ashe Road to serve an area generally bounded by Hosking Road and McKee Road on the north, Stine Road on the east, Engle Road on the south and Eberle Road on the west. This project will be funded through developer contributions and assessment district proceedings.. These -funds wiN be reimbursed as new developments and existing parcels within the area connect to the sewer trunkline. Item 13b. Public Hearing to Consider a Resolution approving a Zoning Modification at 5060 California Avenue. On August 14, 2007, the Board of Zoning Adjustment (BZA) held a public hearing on a request to increase the height of an existing 12-story office building located at 5060 California Avenue from 176 feet to approximately 200 feet to permit the construction of an additional story. Normally, zoning modification requests are considered by the City Council only when the decision of the BZA is appealed. However, Zoning Resolution No. 324 states that no expansion of structures within this particular office complex shall be permitted unless the modification is approved by the City Council. No one spoke in opposition to he project at the BZA hearing. Considerable detail regarding the proposal is contained within the administrative report... DEFERRED BUSINESS Item 16a. Illegal Immigration. There are four ideas submitted by .Council. It is proposed that the Councilmembers give reports on their respective positions to be followed by public statements and then Council deliberations and motions. A memo from the City Attorney responding to .several Council. questions is .attached to the administrative report. No matter what the outcome of a vote may be, a decision on some of these proposals will make a significant segment of the community unhappy.. Why, when the City 'has neither authority nor influence on these matters, would such a vote be taken? Approved: Alan Tandy, City Manager cc: department Heads Rhonda Smiley, Assistant to the City Manager City Manager's File City Clerk's Office News Media File September 26, 2007 Agenda Highlights Page 3 BAKE O~~C06POR~T~,rs '~ ADMINISTRATIVE REPORT ~ .~ gGIFO MEETING DATE: September 26, 2007 AGENDA SECTION: Workshops ITEM: ~ , ~, TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Steven Woods, Golden Empire Transit District, regarding bus service to the William M. Thomas Airport Terminal. RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Acting General Manager Steven Woods of Golden Empire Transit District will be providing a brief report on the availability of bus service to and from the William M. Thomas Airport Terminal. September 14, 2007, 1:53PM S:Wdmin Rpts\2007\GET Workshop Admin - 091407.doc RK A!{ (~ O~ ~P°R~tea L! t: '~ Cn U O ~1 L~ LIFO ADMINISTRATIVE REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Closed Session ITEM: [.~ ,,0. , TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: September 12, 2007 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY ~ ~ CITY MANAGER SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section 54957.6 VG:dll S:I000NCILICI Sess\Admins107-08\09-26-07LaborNegotiator.doc BA E ~r~,pVO~~l V ADMINIS TRATIVE REPORT ~.. ~' L1Fo MEETING DATE: September 26, 2007 AGENDA SECTION: Presentations ITEM: cj , q,~ TO: Honorable Mayor and City Council OVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: September 13, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Paula Mande, Executiv ire or of The Greater Bakersfield Council of the Blind, proclaiming October, 2007, as "White Cane Awareness Month". RECOMMENDATION: BACKGROUND: ndw September 13, 2007, 4:28PM S:\MAYORIADMIN\2007\WHITE CANE AWARENESS MONTH.DOC C BA 1 ~~~~,~ U ADMINISTRATIVE REPORT c ~~ • LIFO MEETING DATE: September 26, 2007 AGENDA SECTION: Presentations ITEM: G~ , TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Mayor Harvey L. Hall September 13, 2007 CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Stacy Crooks from Links for Life, roclaiming October, 2007, as "Paint the Town Pink Month". A OVED DEPARTMENT HEAD RECOMMENDATION: BACKGROUND: ndw September 13, 2007, 4:27PM S:WIAYORWDMIN\2007\PAINT THE TOWN PINK MONTH.DOC BA ~o`~,,~a~., Ed's ~ • ~~ ° ADMINISTRATIVE REPORT ~ ~.e~ gLIFO MEETING DATE: September 26, 2007 AGENDA SECTION: Appointments ITEM: TO: Honorable Mayor and City Council FROM: DATE: Pamela A. McCarthy, City Clem DEPARTMENT HEA~ September 14, 2007 CITY ATTORNEY APPROVED CITY MANAGER SUBJECT: Three appointments to the Keep Bakersfield Beautiful Committee due to the resignations of Merry McCalley (Mayor), Thomas Edmonds (Ward 4), and Sheryl Graab (War 7). RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there are three vacancies on the Keep Bakersfield Beautiful Committee due to the resignations of Merry McCalley (Mayor), Thomas Edmonds (Ward 4), and Sheryl Graab (Ward7). The news release for this recruitment was posted on May 17 and August 20, 2007. Applications for appointment have been received from the following: • Kelly Bishop • John Enriquez • Elizabeth (Betsy) Gosling • James Mitchell Preston Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of eight Mayor/Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or the nominating Councilmember or Mayor, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. September 17, 2007, 8:20AM S:\Bds&Comm\KBBCWdmin Sept 2007.dot rg MEETING DATE: September 26, 2007 TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk(/ DATE: September 13, 2007 SUBJECT: AGENDA SECTION: Consent Calendar ITEM: i ~.. ~„ APPROVED DEPARTMENT HEdD ~^- CITY ATTORNEY CITY MANAGER Approval of minutes of the September 12,2007 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: Fr~,v;, ~ ~ ~~ ADMINISTRATIVE REPORT C' ~~t~ IF O MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~ ~.. ~j , TO: FROM DATE: SUBJECT: Honorable Mayor and City Council APPROVED Nelson K. Smith, Finance Director DEPARTMENT HE. September 13, 2007 CITY ATTORN CITY MANAG Approval of department payments from August 31, 2007 to September 13, 2007 in the amount of $19,494,954.21. and self insurance payments from August 31, 2007 to September 13, 2007 in the amount of $169,578.82. RECOMMENDATION: Staff recommends approval of payments totaling $19,664,533.03. BACKGROUND: RAR September 13, 2007, 2:10PM S:\Richard\AP\ADMI N~AP.doc MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: l~. , ~ , TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: September 19, 2007 CITY ATTORNEY _ ~ CITY MANAGER SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.010 (Zone Map No. 104-07) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (Single Family Dwelling Zone) to R-2/PUD (Limited Multiple Family Dwelling Zone Planned Unit Development) on approximately 20 acres generally located 600 feet north of Paladino Drive and divided by the future alignment of Rivani Drive. (ZC-06-2254 -McIntosh & Associates, representing Steven Bonejo) Ward 3) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The City Council passed a Resolution on August 29, 2007, approving the proposed Zone Change. The proposal would allow for the development of 348 units on the approximate 20 acre project site. The Planning Commission conducted a public hearing on the proposed general plan amendment and the concun'ent zone change to HMR and R-2/PUD on approximately 20 acres and recommended denial of the entire project to the City Council on July 5, 2007. Upon appeal, the City Council conducted a public hearing on August 29, 2007 regarding the proposed general plan amendment and zone change and Negative Declaration. Considering testimony at that hearing, the City Council voted to approve Resolutions for the proposed general plan amendment and proposed zone change from R-1 to R-2/PUD and approving the associated Negative Declaration. The City Council must now consider an Ordinance to officially amend the zoning map. RB: - S:\GPA 2nd 200T06-2254\S R AdminWdmin Report 2254 2nd Reading.doc ti. BAhE n ~J~~~~ wCOR~ppA fp~V ~'i -~ I U ~ ,®P~ ~ ADMINISTRATIVE R gL1F0 ,. SPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: Qo2 , l~ . TO: Honorable Mayor and City Council _ P ROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HE ,~ , /.,L,~ DATE: September 13, 2007 CITY ATTORNEY ~ t't~ CITY MANAGER SUBJECT: Adoption of Ordinance amending Section Chapter 15.72 of the Bakersfield Municipal Code relating to the Historic Preservation Commission. (First Reading 9/12/07) RECOMMENDATION: Staff recommendations adoption of the ordinance. BACKGROUND: First reading of the ordinance was given September 12, 2007. The Historic Preservation Commission has developed new language to be inserted into existing BMC Chapter 15.72. The purpose of the new language is to develop "areas of historic interest" without the regulations associated with a "designated cultural resource or a designated historic district." The Areas of Historic Interest would be formed to bring attention to the many locations in Bakersfield that have historic qualities and value. Areas of Historic Interest would permit citizens to recognize their historic neighborhoods or structures. Requests would be submitted to the Historic Preservation Commission for review and designation. On July 16, 2007, the City Council Legislative and Litigation Committee reviewed the proposed changes to Chapter 15.72 for an "area of historic interest" and recommended forwarding the new language and ordinance revision to the full Council for consideration. The current process to approve a "designated cultural resource" or a "designated historic district" is much more extensive and requires City Council approval. However, the addition of the "Areas of Historic Interest' will not require City Council approval but will include adding an appeal process of the City Council. Staff has reviewed Municipal Code Section 15.72 Historical Preservation with the City Attorney's Office and has incorporated the new appeal process language and the "areas of historic interest" into the ordinance. The Economic and Community Development Department will implement a recognition program utilizing signage and updating walking tours brochures that depict these Areas of Historic Interest. Staff is also developing an architectural design manual to provide property owners, builder/developers, and persons interested in historical preservation based on good design plans to assist them in their historic preservation efforts. S:Wdmins\City Council\City Council Admins 2007\HPC Ordinance 2nd Reading.doc 9/13/2007 2:05 PM .MEETING DATE: September 26, 2007 I AGENDA SECTION: Consent Calendar ITEM: I ~ o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services Director September 12, 2007 Adoption of ordinance amending Bakersfield Municipal Code Sections § 1.12.010, §1.12.040 and §1.12.070 by adding Annexation No. 536 consisting of 109.86 acres, located north of East Panama Lane, on the east side of South Union Avenue and Annexation No. 546 consisting of 22.32 acres, located south of Berkshire Road, east of South Union Avenue to Ward 1, Annexation No. 499 consisting of 1,681 acres, located south of Seventh Standard Road, west of Allen Road and Annexation No. 533 consisting of 53.25 acres, located north of Snow Road, west of Calloway Drive to Ward 4, and Annexation No. 506 consisting of 183.99 acres, located east of Wible Road, south of Taft Highway to Ward 7. (VNards1, 4 & 7) DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE APPROVED RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on September 12, 2007. This ordinance amends the ward boundaries to include Annexations 536, 546, 499, 533 and 506 into corresponding Council ward. These annexations were approved by LAFCO recently. Annexation No. 536 is located north of East Panama Lane, on the east side of South Union Avenue. The 109.86 acre site is undeveloped. The property owner proposes the development of single family homes on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 546 is located south of Berkshire Road, east of South Union Avenue. The property consists of 22.32 acres. The property owner proposes to develop approximately 93 single family homes. The property owner requested annexation for development purposes and to receive city services. Annexation No. 499 is located south of Seventh Standard Road, west of Allen Road. This project area is known as Rosedale Ranch and consists of 1,681 acres. The proposed is a planned community development. The property owner requested annexation for development purposes and to receive city services. ADMINISTRATIVE REPORT Page 2 Annexation No. 533 is located north of Snow Road, west of Calloway Drive. The property consists of 53.25 acres. The property owner proposes to develop approximately 180 single family homes. The property owner requested annexation for development purposes and to receive city services. Annexation No. 506 is located east of Wible Road, south of Taft Highway. The property consists of 183.99 acres. The property owner requested annexation for development purposes and to receive city services. S:Wnnexation\Ordinances120071adminWdmin adopt 9-26-07 536, 546, 499, 533 and 506.DOC MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: i a. , -~, TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~>~ DATE: September 10, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending S coon 17.06.020 (Zone Map No. 142-03) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from RS-20A (Residential Suburban - 20 acres minimum Zone) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Combining Zone) on 1.55 acres, located along the south side of Taft Highway, generally west of Mountain Ridge Road (future alignment), between Ashe Road and Stine Road (ZC 07- 0514 -Jim Clawson Jr., applicant/owner). (Ward 6 Upon Annexation) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on August 29, 2007. The proposal would allow for the development of commercial uses on the 1.55 acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on July 5, 2007. No individuals or agencies were present at the hearing and the applicant agreed to all conditions and mitigation for the project. The applicant requested a zone change to C-2/PCD (Regional Commercial/Planned Commercial Development) which would allow for the development of commercial uses on the 1.55 acre project site. City staff and the Planning Commission recommended a C-1/PCD (Neighborhood Commercial/Planned Commercial Development) zone that would allow commercial uses compatible with the future residential adjacent to the project site. The applicant was in agreement with this action. Existing access to the site is via Taft Highway (State Route119), which is designated as an Expressway on the Metropolitan Bakersfield Circulation Map. The existing two structures on the site are vacant. Once the site is developed, access will be limited to the future alignment of Mountain Ridge Drive (collector) along the east side of the project site. The proposal would provide for commercial development on a site that has limited development potential. The project site is configured and located in relation with future developments in the vicinity that will not allow for a feasible development other than commercial. This is primarily due to the required expansion of Taft Highway and Mountain Ridge Drive, along the northern and eastern boundaries of the site, with access via the future alignment of Mountain Ridge Drive. The remaining site, once the expansion of Taft Highway and Mountain Ridge Drive is constructed, would contain less than 1.5 acres. The proposal would provide for commercial ADMINISTRATIVE REPORT Page 2 services to both the traveling public and the adjacent residential areas surrounding the site. Staff would restrict the development of the site to allow neighborhood commercial uses which would not be obtrusive to the residential development adjacent to the site. 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 May 18, 2007, in accordance with CEQA. MO:dc - S:\GPA 2nd 2007107-0514Wdm SRWd Rrt 2nd ZC_07-0514.doc A U ADMINISTRATIVE REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: 1, a, , . TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~~ DATE: September 10, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zoning Map No. 124-20) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture Zone) to R-1 (One Family Dwelling Zone) on 49.52 acres, located at the northwest comer of East Panama Lane and Cottonwood Road. (ZC 06-2275 -Jim Marino applicant, representing the Garone Family Trust, the property owner) appealed by Jim Marino. (Ward 1, upon annexation). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on August 29, 2007. This proposal will allow for the development of 300 single family dwelling units. The Planning Commission conducted a public hearing on the proposed general plan amendment/zone change on June 21, 2007, and recommended denial to the City Council. Commissioner Andrew did not agree with the denial. Commissioner Andrew stated that his decision was based on the approval of the property to the north of this site to single family residential by the City Council at a previous action. The applicant submitted an appeal to the decision of the Planning Commission. No agencies were present at the Planning Commission public hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Andrea Selvidge of the Law Offices of Young Wooldridge representing Ken Nelson, Jr. and Carla Nelson, Jr., who reside south and east of East Panama Lane and Cottonwood Road, submitted a letter opposing the proposed project and staff recommendation to approve the project. The letter stated that additional analysis was needed to evaluate the Farmer John Egg Poultry Farm, Air Quality, Agricultural Land Conversion, and Traffic Study. Staff contends that professional studies for the project proposal adequately analyzed all the impacts identified in the letter of opposition. The applicant at the Planning Commission public hearing presented facts to address concerns raised by Ms. Selvidge. ADMINISTRATIVE REPORT Page 2 The City Council recently approved the change of land use and zoning for the property north of the project site to LR and R-1. The property north of the site is adjacent to the chicken ranch and feed mill that was brought up by Ms. Selvidge. Odor Analysis and an Acoustical Study were prepared to analysis any impacts associated with the chicken ranch and feed mill. Mitigation measures from both the Odor and Acoustical Studies were adopted to address these issues and the project was adopted. Staff recommended similar mitigation measures from those same studies for this project to address these issues. 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 February 8, 2007, in accordance with CEQA. MO:dcUS:\GPA 2nd 200T06-2275Wdmin SR1Adm Rpt 2 _ 06-2275.doc n ~ r U ADMINISTRATIVE RE PORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: l~ ~. TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7v _ DATE: September 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amen ng Section 17.06.020 (Zone Map No. 104-18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 acres generally located adjacent to Rivani Drive, generally east of Morning Drive and north of State Route 178 (ZC 06- 2246 -San Joaquin Engineering, Inc., representing Dorothy Lorraine Talbert, Suzanne Powell, Steve Alan Talbert, Elias N. Afana Revocable Trust, John D. Afana, Terry and Kathy Talbert Family Trust, Nicole Afana & Janet Gail Afana Revocable Trust, The Afana Family Trust, Marilyn G. Afana, and Jerrilyn S. Frazee) (Ward 3). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on August 29, 2007. The proposal would allow for the development of approximately 302 multi-family dwellings at 25 units per acre, with residential structures up to three floors. There will be 615 parking spaces including 302 garages and 313 open spaces. The project is part of a larger development plan on the same assessor parcel, with single family housing as well as park and community facilities. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 21, 2007, and recommended approval to the City Council. 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, hazardous materials, transportation fees, and traffic, public and development 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 April 24, 2007, in accordance with CEQA. S:1GPA 2nd 200T06-2246~Staff ReportsWdmin 2nd Read.doc A ~ ~, ADMINISTRATIVE REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: 0 ~, , g' , TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /~~ DATE: September 12, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions ordering Judicial Foreclosure of Delinquent Assessments for t e following Districts (Wards 4, 5, 6 & 7) 1. Stine /Harris (A.D. 93-2 ) 2. Renfro /Hughes (A.D. 94-1 ) 3. Gosford /White (A. D. 94-2 ) 4. Seven Oaks West I I /River Walk / Southern Oaks (A. D. 01-2 ) 5. Avalon / Belsera / Montaire /The Woods (A.D. 02-1 ) 6. Brighton Place /Silver Creek II (A.D. 03-1 ) 7. Countryside /The Homestead /Cherry Hill /Olive Park III (A.D. 04-1 ) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The City of Bakersfield has issued Limited Obligation Bonds for each of the Assessment Districts listed above. The Districts are generally formed at the request of a developer who requests assistance from the City in financing certain public improvements such as sewer lines, water lines, streets, curb & gutter, storm drains and other incidental costs. Liens are placed on each property within the District boundaries and the bonds are repaid from the annual assessments levied and collected on annual property tax bills. These bonds are issued pursuant to the Improvement Bond Act of 1915 of the California Streets and Highways Code. In each of the above Districts, the City has covenanted with the bond holders to initiate an Administrative Foreclosure process no later than October 1 in any year when delinquencies within a given District near or exceed 5% of the annual levy placed on the tax bill to pay the annual principal and interest on the bonds. Delinquencies on each of the above referenced Districts has exceeded the 5% threshold for the 2006-07 tax year. nks S:Wdmin\Admin Reports\ad foreclosure resos sept 2007.doc September 11, 2007, 3:23PM BA ~F~ Vo4 ADMINISTRATIVE REPORT ~ CRY w• 9LIF0 MEETING DATE: September 26, 2007 AGENDA SECTION: Consent ITEM Q ~, . ~, TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: September 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Property Abatements Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on September 10, 2007, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 1. 820 Brown St. 019-142-04-01-2 $ 595.00 2. 1118 Gorrill St. 018-101-16-00-2 $ 795.00 3. 500 S. Haley St. 019-101-08-00-6 $ 220.00 4. 2612 Laurel Dr. 022-041-09-00-6 $ 345.00 September 12, 2007, 11:44AM C:\Documents and Settings\bbrown\DesktopWDMIN\admin report June 29,07.doc ADMINISTRATIVE REPORT page 2 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 5. 1000 Dr. MLK Jr. Blvd. 018-032-02-00-8 $ 995.00 6. 100 S. Owens St. 018-240-16-00-6 $ 620.00 7. 327 S. Owens St. 018-290-20-01-1 $ 989.00 8. 1118 Tulare St. 139-041-16-00-7 $ 811.00 9. 429 Villa St. 139-262-06-00-9 $ 645.00 10. 527- 529 Villa St. 139-252-15-00-2 $ 1,045.00 11. 1119 Watts Dr 170-250-04-01-4 $ 1,989.00 12. 237 8th St.. 139-202-18-00-6 $ 1,043.00 13. 1210 E. 9th St. 018-072-16-00-1 $ 470.00 Ward 2/Councilmember Sue Benham 14. 1104 Gage St. 015-350-11-00-2 $ 420.00 15. 511 Jefferson St. 013-100-03-00-2 $ 245.00 16. 3717 K St. 120-070-03-00-5 $ 645.00 17. 3719 K. St. 120-070-02-00-2 $ 1,145.00 18. 1106 Kentucky St. 015-390-15-00-6 $ 511.00 19. 1108 Kentucky St. 015-390-14-00-3 $ 420.00 20. 3715 L Street 120-110-04-00-9 $ 545.00 21. 1114 Lake St. 015-340-13-00-5 $ 320.00 22. 4408 Marella Way 020-524-21-00-6 $ 945.00 23. 225 Monterey St. 014-180-05-00-9 $ 831.00 24. 423'/2 Monterey St. 014-160-05-00-3 $ 333.00 25. 1007 Monterey St. 015-350-03-00-9 $ 245.00 26. 1011 Monterey St. 015-350-04-00-2 $ 240.00 27. 3016 Q St. 002-081-22-00-9 $ 620.00 28. 1023 Robinson St. 015-400-17-00-4 $ 611.00 Ward 3/Councilmember Ken Weir 29. 3104 Bucknell St. 021-052-04-00-4 $ 945.00 Ward 4/Councilmember David Couch 30. 11312 Jenlee Ave. 465-261-03-00-1 $ 895.00 Ward 5/Councilmember Harold Hanson 31. 6600 Club View Dr. 339-390-01-00-6 $ 370.00 September 13, 2007, 12:OOPM C:\Documents and Settings\bbrown\DesktopWDMIN\admin report June 29,07.doc ADMINISTRATIVE REPORT Page 3 PROPERTY LOCATION APN COST Ward 6/Councilmember JacQUie Sullivan 32. 6103 Indian Peaks Ave. 498-561-11-00-1 $ 745.00 33. 4317 Keith Way 441-221-09-00-3 $ 545.00 34. 5921 Kettlerock Mountain 498-213-21-00-2 $ 245.00 35. 5623 Wilson Rd. 355-131-04-00-4 $ 245.00 Ward 7/Councilmember Zack Scrivner 36. 2121 Benton St. 023-242-04-00-3 $ 1,233.00 37. 2421 Boyd St. 372-351-01-00-4 $ 445.00 38. 5200 Debby St. 372-133-11-00-3 $ 511.00 39. 2113 Elaine St. 023-081-10-00-7 $ 320.00 40. 1521 Hub Ave. 025-113-01-00-7 $ 750.00 41. 5712 Midas St. 413-041-03-00-8 $ 395.00 42. 7913 Quest St. 516-391-09-00-8 $ 480.00 43. 2404 San Ramon Ct. 405-134-13-00-5 $ 345.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. September 12, 2007, 11:44AM C:\Documents and Settings\bbrown\DesktopWDMIN\admin report June 29,07.doc A ,,ow ~ # ~ ADMINISTRATIVE REPORT LL MEETING DATE: September 26, 2007 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September 11, 2007 DEPARTMENT HEA CITY ATTORNE CITY MANAGE AGENDA SECTION: Consent Calendar ITEM: ~ ;~ . 0;, , Police Radio Communications Equipment: APPROVED 1. Resolution determining that satellite receiver voting comparators cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $46,000. 2. Appropriate $46,000 Equipment Management Fund Balance to the Public Works Department's Operating Budget. RECOMMENDATION: Staff recommends adoption of resolution and approval of appropriation. BACKGROUND: The FY06/07 Budget included $50,000 for the purchase of five satellite receiver voting comparators. The equipment that was purchased, using the bid process, would not integrate with the existing Motorola infrastructure and was returned to the manufacturer for a full refund ($46,000) to the Equipment Management Fund. The Communications Division is requesting to appropriate $46,000 from the Equipment Management Fund to purchase Motorola satellite receiver comparators, which are compatible to integrate with existing City radio infrastructure. The Public Works Communications Division has negotiated a 20% discount with Mechem Electronics for the high quality digital Motorola Digitac Voting Systems. G:IGROUPDATIADMINRPT1200T09-261Motorola admin.doc MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: 0 2 . ~ . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Counal Stanley C. Grady, Development Services Director September 10, 2007 Resolution approving an application proposing proceedings for anne ion of uninhabited territory to the City identified as Annexation No. 573 consisting of 19.55 acres, located east of Ashe Road, north of Engle Road, south of Cumow Road. (WarcJ 6) DEPARTMENT HEAD J~'ri~ CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield are ident~ed as Annexation No. 573 consisting of 19.55 acres of land, located east of Ashe Road, north of Engle Road, south of Cumow Road. This annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has 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 Kem. The basis for this determination is that this annexation is covered under b. 7. of the agreement °Annexation of Uninhabited Land and Residential Development.° DL:dc S:\AnnexationlRes of AppliclAdmin Drag 573.doc BAKEc~ O~ ~[pRPoR.,TBp~V~ C~ ~ ~Cs3 ° ADMINISTRATIVE REPORT ~q~~w~~~ MEETING DATE: September 26, 2007 I AGENDA SECTION: Consent Calendar ITEM: & n „~„ TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: September 12, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Assessment District No. 07-2, (Sydney Harbour). 1. Resolution Approving Boundary Map I 2. Resolution of Intention 1552 3. Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. 4. Agreement with Wilson & Associates for Assessment Engineering. 5. Agreement with Orrick, Herrington & Sucliffe, Bond Counsel, for legal services. 6. Agreement with Goodwin Procter, LLP, Disclosure Counsel, for legal services. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed assessment district is named Sydney Harbour and is located east of Cottonwood Road, south of Panama Lane, west of South Union Avenue and north of Hosking Avenue and is planned for new residential development. It is proposed that the applicant Lenox Homes will construct residential units with acquisition of the improvements upon completion. The improvements include the construction of East Berkshire Road, Madison Street and the interior streets of Tract 6611 and 6520. Items of construction include curbs, gutters, sidewalks, storm drains, catch basins, grading, sewers, block wall, street lights, monuments, and paving improvements. Once the resolutions and agreements are adopted, the next step is for the bond counsel to prepare the Acquisition and Disclosure Agreement. Jas September 12, 2007, 10:52AM G:\GROUPDAT1ADMf NRPT\2007\09-26W D07-2roi.dot A ~ J ADMINISTRATIVE REPORT ~, 0 MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~ ~, , n , TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAa DATE: September 13, 2007 CITY ATTORNEY cITY SUBJECT: Resolutions adding the following territories to the Consolidated Maintenan~Distri~ct and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Wards 2, 5, 7) 1. Area 3-73 (McAllister Ranch #1) 2. Area 4-81 (California, "P" NW) 3. Area 5-39 (McCall, Mesa Grande NW) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On September 12, 2007 the Council adopted Resolution of Intention No's. 1.553, 1554 and 1555 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/or street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or 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 subdividers)/developer(s) to be recorded with the subdivision maps. Sep 26_Est.dot A ADMINISTRATIVE REPORT ~, ,o MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: I ~ n TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA DATE: September 12, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1558 to add territory, Area 2-35 Stine, ( hite SE) to the Consolidated Maintenance District and preliminarily adopting, confirming an approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of Parcel Map Waiver No. 06-0514 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 2-35 is generally bounded by a line approximately 540 feet south of White Lane on the north, a line approximately 250 feet east of Stine Road on the east, a line approximately 780 feet south of White Lane on the south and Stine 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(s) of the property described above which waives the public hearing conceming inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot 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, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr September 12, 2007, 9:50AM MD2-35Ri05.dot A ~ ~ U C MEETING DA' TO: FROM: DATE: ADMINISTRATIVE REPORT September 26, 2007 Honorable Mayor and City Council AGENDA SECTION: Consent Calendar ITEM: Aa,p, Raul M. Rojas, Public Works Director September 4, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1557 to order the vacation of a 20-foot wide alley in Block 195 between H Street and Eye Street and between 21~ Street and 22"~ Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The property owner, Kern Central Credit Union, is concerned with the safety of their employees, support venders, armored car deliveries, and customers. Kern Central Credit Union owns the three parcels that cover the entire block. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are no City sewer or storm drain facilities in the proposed vacating area. The utility companies serving the area have been notified by mail. California Water Service Company, Pacific Gas and Electicr, and Verizion Business are requesting an easement in the alley. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on August 17, 2007 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of October 10, 2007, on the proposed vacation. G:\GROUPDAIIADMINRP712007\09-26\ROI 1557 Admin-Consent Calendar.doc BAKE O~~wwoa„~ S ~ ''~ [r% ADMINISTRATIVE REPORT ~ ~u~r LIFO MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~ , i ~: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: September 18, 2007 CITY ATTORNEY CITY MANAGER SUBJECT Amendment #1 to Resolution No. 118-94, revising the penalties for the City of Bakersfield from $65.00 to $150.00. RECOMMENDATION: Staff recommends adoption of the proposed resolutions. BACKGROUND: APPROVED ~~J Section 10.44.060 of the Bakersfield Municipal Code sets forth certain restrictions, including parking restrictions, on vehicles having a manufacturer's gross vehicle rating of twenty-five thousand pounds or more designed for carrying merchandise, freight or material. In July of 1994, the City Council of the City of Bakersfield adopted Resolution 118-94 revising the penalties for parking violations, late payment penalties, administrative fees and other charges related to parking violations in the City of Bakersfield. Resolution 118-94 sets forth the penalty amounts for various parking violations and other related charges under the Bakersfield Municipal Code and the California Vehicle Code, including a penalty amount of $65.00 for violation of Bakersfield Municipal Code section 10.44.060. The Legislative and Litigation Committee of the City of Bakersfield has determined that it is appropriate for the amount of the penalty to be increased to $150.00 from the original amount established. AW:vI September 18, 2007 S:\COUNCIL1Admins107-08 AdminslCommtrkpkngincrease.doc BaK R ~~ ~GOYWRR}~ s1 ADMINISTRATIVE REPORT ~ ~~~ ~TFO MEETING DATE: September 26, 2007 TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: September 19, 2007 AGENDA SECTION: Consent Calendar ITEM: ~~ , ~. DEPARTMENT HE CITY ATTORN SUBJECT: A Resolution of the Council of the City of Bakersfield CITY MANAG announcing its intention to file a notice of intent and a notice of continuation regarding a potential Quiet Zone. RECOMMENDATION: The Railroad Ad-hoc Committee recommends that the Council adopt the Resolution. BACKGROUND: In 1994 the Federal government enacted the Federal Swift Rail Development Act, ("Act"). The Federal Railroad Administration ("FRA") promulgated the Train Horn Rule which went into effect on June 24`h, 2005. This causes trains to blow their horns very loudly (approximately 110 decibels) when approaching street crossings. The Act has various mechanisms to create a "Quiet Zone" so that trains will not blow their horns unless there is an emergency or someone is on the tracks. On April 25t`', 2007, City Council created the Railroad Ad-hoc Committee. The Committee consisted of Councilmembers Sue Benham and Irma Carson. The purpose of the Committee was to investigate the Quiet Zone process. The Committee met three times and focused on the nine railroad crossings from Sumner/Miller St. to "L" St. (BNSF Mojave Subdivision). The Committee makes the following recommendations for Council consideration: First Recommendation: Direct City Staff to file a "Notice of Continuation" with the appropriate governmental agencies. There seems to have been an informal agreement with BNSF that its trains would not blow their horns when in metropolitan Bakersfield. According to the New Train Horn Rule, if the Federal Railroad Administration approves a Notice of Continuation submitted by the City before February 28, 2008, then the horns potentially would not blow, while the City pursued the Quiet Zone process. Second Recommendation: Direct City Staff to file a "Notice of Intent" to Create a Quiet Zone with the appropriate governmental agencies. One problem City Staff and the Committee have run into is coming up with a solid estimate for the cost of Quiet Zones. A Notice of Intent to Create a Quiet Zone for the crossings within the Mojave Subdivision will cause the California Public Utilities Commission, FRA and BNSF to provide written comments. These comments will allow City Staff to develop a better idea of the true costs of a proposed Quiet Zone which in turn will allow City Council to make an informed decision. It should be noted that Filing a Notice of Intent is not the final decision to initiate the Quiet Zone process, but merely a step designed to allow the City to have a better understanding of the costs involved. A proposed resolution stating that is attached. VG:MR:dll;vl September 19, 2007; 8:16:29 AM S9000NCILWdmins107-08 Adminsl0uiet Zone.doc ~`co Auro S ~ ~ ° ADMINISTRATIVE REPORT ~A~~t~ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: Aa .5. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 14, 2007 CITY ATTORNEY ~., CITY MANAGER SUBJECT: Resolution Awarding Contract to CCG Systems Inc. for Fleet Management I System in the amount of $118,600.00. RECOMMENDATION: Staff recommends adoption of the resolution and award of the contract. BACKGROUND: The City of Clovis issued a formal invitation to bid for a Fleet Management Information System (FMIS) and four bids were received in response to the solicitation. The bid was awarded to the low bidder, CCG Systems Inc., Norfolk, VA. The bid has provisions for other governmental agencies to piggyback on the bid and the supplier has agreed to allow the City of Bakersfield to piggyback on the agreement. Piggybacking on to the City of Clovis' bid will allow the City to obtain the software and installation services, meeting the City's requirements and saving City staff time and efforts by not having to duplicate a formal bidding process for this product. Fleet Services Division is requesting new fleet management software. The CCG product named "Faster" would replace HTE's Fleet Management Module. Easter's software will provide Fleet with increased technician productivity by providing added functionality in preventative maintenance scheduling / compliance, more efficient fuel management, labor tracking, optimized equipment utilization, more effective supervision with on-line tools and equipment inventory. The $118,600.00 is the cost of the software, installation, configuration, training, maintenance and sales tax. Additional server hardware to run the system will be purchased separately at an estimated cost of $40,000. September 13, 2007, 4:47PM C:\DOCUME~1\glorenzi\LOCALS-1\Temp\XPgrpwiseWdmin Report FASTER for IT.dOc '~ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: la ,~- TO: Honorable Mayor and City Council AP ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 31, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Agreements for Sewer Connection and Construction Fees for the McD ald Area Sewer Project. (Ward 1): 1. Resolution confirming assessments for sewer connection fee including the construction fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreements to pay sewer connection and construction fee in installments and notice of special assessment lien with: a. Sharena Barriga 10 Suzanne Street b. Pamela Roberts 113 Dunlap Street c. NUNEZ FAMILY TRUST - co-trustees Joe Medina Nunez and Ida Medina Nunez 137 Dunlap Street d. Irene Y. Terry 22 Candy Street RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreements. BACKGROUND: The owner's of the property shown above desire to connect their property to the City sewer system. The property owner's claim that to pay the sewer connection and construction fee in one payment would produce an economic hardship. To assist in paying the connection and construction fee the City has contracted with the property owners to spread the connection and construction fee over a five (5) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the connection and construction cost in five equal payments over the next five years. S:\PROJECTS\SewerconFeeWdmin\9-26-07 McDonald Adm.doC August 31, 2007, 1:34PM MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar '~ ITEM: ra, , 1.1 , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD~"~ DATE: September 6, 2007 CITY ATTORNEY CITY MANAGER. SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with McMillin Cordova Cross~ng, LLC, for Tract 6006 Phase 7 located north of Mckee Road and west of State Route 99. (Ward 7) 2. Final Map and Improvement Agreements with Fairway Oaks South, L.P., for Tract 6079 Phase 6 located south of the Southern Pacffic Railroad on Mountain Vista Road. (Ward 5) 3. Final Map and Improvement Agreements with Standard Pacific Corp., for Tract 6329 Phase 2 located at the southeast intersection of Harris Road & Mountain Vista Drive. (Ward 5) 4. Final Map and Improvement Agreements with Lennar Homes of California, INC., for Tract 6363 Unit 2 located east of Old River Road on Pacheco Road. (ward 5) 5. Final Map and Improvement Agreements with Berkshire Place, LLC, for Tract 6371 located at the northwest intersection of Berkshire Road & South Union Avenue. (Ward t ) 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: TILE IIVIPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs September 10, 2007, 1:35PM G:\GROUPDAIIADMINRP11200T09-28\Map and Improvement AGR .doc A O~,yfAYPOR~ ADMINISTRATIVE REPORT c ~ '` !FO MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ja„ . ~, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: September 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Design Consultant Agreement with PB Americas, Inc., ($2,472,914.00) f n Ineering and Environmental Services for the SR-178 Widening. (Ward 3) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental Services for Thomas Road Improvement Program (TRIP) Medium-Sized Projects. Twelve firms responded to this RFQ: Parsons Brinckerhoff (PB Americas)(Oakland, California) RBF (Camarillo, California) PSOMAS (Sacramento, California) LAN (Irvine, California) Moffatt & Nichol (Long Beach, California) Mark Thomas (San Jose, California Katz, Okitsu (Monterey Park, California) Omni Means (Roseville, California) David Evans (Ontario, California) Stantec (Bakersfield, California) T.Y. Lin (San Ramon, California) Nolte (San Jose, California) Based on a review of their qualification submittals, the selection committee invited the first seven of the firms listed above to interview with the committee. Interviews were held on September 12 and 13, 2006. Based on the rankings of the qualification submittals and the interviews, PB Americas, Inc. was selected to provide engineering and environmental services for the TRIP project SR-178 Widening. In accordance with. federal procurement procedures for these types of services, after PB Americas, Inc. was selected, their cost for providing these services was then negotiated by the TRIP staff. The scope of services provided by PB Americas, Inc. will include: project management, preliminary engineering, environmental document preparation and approval, geotechnical support, and public outreach. Conceptual engineering provided will support the environmental document and meet the needs September 14, 2007, 8:33AM NF PW Engr G:\GROUPDAl1ADMINRP112007\09-26\PB Agreement Admin.doc A O~ ycovoe~ '~ [n d ADMINISTRATIVE REPORT c~~ IFO of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The work schedule for PB Americas, Inc. is approximately 24 months. This project will consist of widening approximately 3.6 miles of the existing two-lane SR-178 to four lanes from the eastern limit of the SR-178/ Morning Drive interchange project to Rancheria Road. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. September 14, 2007, 8:33AM NF PW Engr G:\GROUPDAT\ADMINRPT12007\09-26\PB Agreement Admin.doc BA ADMINISTRAT IVE REPORT ~, ~L. /FO MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~~ , Np, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~ DATE: September 10, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Design Consultant Agreement with Lim & Nascimento Engineering Corpo ation (LAN), ($2,628,578.21) for Engineering and Environmental Services for the Hag an Flyover. (Ward 3) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental Services for Thomas Road Improvement Program (TRIP) Medium-Sized Projects. Twelve firms responded to this RFQ: LAN (Irvine, California) Parsons Brinckerhoff (Oakland, California) RBF (Camarillo, California) PSOMAS (Sacramento, California) Moffatt & Nichol (Long Beach, California) Mark Thomas (San Jose, California Katz, Okitsu (Monterey Park, California) Omni Means (Roseville, California) David Evans (Ontario, California) Stantec (Bakersfield, California) T.Y. Lin (San Ramon, California) Nolte (San Jose, California) Based on a review of their qualification submittals, the selection committee invited the first seven of the firms listed above to interview with the committee. Interviews were held on September 12 and 13, 2006. Based on the rankings of the qualification submittals and the interviews, LAN was selected to provide engineering and environmental services for the TRIP project Hageman Flyover. In accordance with federal procurement procedures for these types of services, after LAN was selected, their cost for providing these services was then negotiated by the TRIP staff. The scope of services provided by LAN will include: project management, preliminary engineering, environmental document preparation and approval, geotechnical support, and public outreach. Conceptual engineering provided will support the environmental document and meet the needs September 14, 2007, 9:02AM NF PW Engr G:\GROUPDAl1ADMINRPl12007\09-26\LAN Agreement Admin.doc A OF yw o~~ ~t ~ ~ Cn ~ ~ 0 C '~~r ieE' LIF ADMINISTRATIVE REPORT of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The work schedule for LAN is approximately 24 months. This project will consist of constructing a grade separated interchange at the existing intersection of SR- 178 and Oak Street. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. September 14, 2007, 9:02AM NF PW Engr G:\GROUPDA?1ADMINRPT\2007\09-26\LAN Agreement Admin.doc BA OF~covoy n ADMINISTRATIVE REPORT ~, ~+w.Y ~ IFO MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: i , X, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT H DATE: September 10, 2007 CITY ATTOR CITY MANAI SUBJECT: State Route 178 at Fairfax Road Interchange. (Ward 3) Utility Agreement with Pacific Gas & Electric Company (PG&E) for the permanent relocation of Gas Distribution Facilities that are in conflict with the new Fairfax Road Interchange. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: To facilitate the construction of the new interchange along State Route (SR) 178 at Fairfax Road, Pacific Gas and Electric Company (PG&E) must relocate a gas line. PG&E owns and maintains Gas Distribution Facilities within the limits of this project. Since the interchange project falls within State right-of-way, the gas line will be relocated at 50% City expense and 50% PG&E expense in accordance with Section 5(c) of the Freeway Master Contract dated November 1, 2004 between PG&E and Caltrans. The total relocation costs are estimated to be $201,000.00 The total estimated City share for the permanent relocation of Gas Distribution Facilities will be $100,500.00. September 12, 2007, 9:41AM Tdw:G:\GROUPDATWDMINRPT~2007\09-26\PG&E SR-178-Fairfax Admin.doc BA l(((~~~~^ ~ OF HCOPPOR„~ 'r ~ l U c ~,~,P ~ ADMINISTRATIVE REPORT 9GIF0 N MEETING DATE: September 26, 2007 AGENDA SECTION: Consent ITEM: d a, , , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director September 18, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement with Jose and Engracia Machuca to purchase real property Hosking Road for $39,500.00 to widen Hosking Road. (Ward 7) APPROVED RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located on Hosking Road just east of Highway 99, and consists of approximately 3,598 square feet of R-S zoned land. The purchase price of $39,500.00 is a product of negotiations and based on an appraisal prepared by MB Appraisals. In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional right of way from a number of parcels along Hosking Road. Hosking Road needs to be improved and widened to handle current and future traffic flows. The City is purchasing approximately 25 feet along the frontage of this parcel in order to widen and improve Hosking Road to its full width. The purchase agreement between the City and the owners outlines the responsibilities of each party. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. C:\DOCUME-1\danderso\LOCALS-1\TempUCPgrpwise\Council Admin report -Machuca - Purchase agmt.doc 9/18/2007 8:31 AM ~oF,~B e.~ERs~ ~ ~ ~ U c~,®P ~ ADMINISTRATIVE REPORT A~~F~ N\ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent ITEM: Ia. , , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 18, 2007 CITY ATTORNEY ,. CITY MANAGER SUBJECT: Agreement with Anthony David & Delora May Encinas to purchase real propert to ted at 8056 Stine Road for $150,000.00 to improve Stine and Hosking Road intersection. (Ward 7) RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located at the northeast corner of Stine and Hosking Roads, near Ridgeview High School and consists of approximately 18,360 square feet of R-1 zoned land including a mobile home. The purchase price of $150,000.00 is a product of negotiations based on an appraisal prepared by Kern Fisher Merriman, Inc. The City is purchasing this property in order to improve the intersection at Stine and Hosking Roads, by constructing additional turn lanes and installing signalization. The intersection needs to be improved and widened to handle current and future traffic flows. The property owner's mobile home is within the additional right-of-way needed to widen and improve the intersection. The purchase agreement between the City and the owners outlines the responsibilities of each party. The City is also required to provide relocation assistance to the owners. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. C:\DOCUME-1\danderso\LOCALS-1\Temp\XPgrpwise\Council Admin report -Purchase agmt.doc 9/18/2007 8:30 AM BAKE Q~ ~COPPPR~1fp~iS.iCl U ~ ~,..~ P ° ADMINISTRATIVE REPORT q~~FO P~ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent ITEM: 6~ • a.a. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD icfj DATE: September 18, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Craig and Holly Oliver to purchase real property located at 2 41 H sking Road for $25,000.00 to widen Hosking Road. (Ward 7) RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located on Hosking Road just east of Highway 99, and consists of approximately 2,595 square feet of R-S zoned land. The purchase price of $25,000.00 is a product of negotiations and based on an appraisal prepared by MB Appraisals. In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional right of way from a number of parcels along Hosking Road. Hosking Road needs to be improved and widened to handle current and future traffic flows. The City is purchasing approximately 25 feet along the frontage of this parcel in order to widen and improve Hosking Road to its full width. The purchase agreement between the City and the owners outlines the responsibilities of each party. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. C:\DOCUME-1\danderso\LOCALS-1\Temp\XPgrpwise\Council Admin report -Oliver -Purchase agmt.doc 9/18/2007 8:31 AM B I<~a OF ~cnxrnx,ro'QS'n, `~ ~. ~,®P ° ADMINISTRATIVE REPORT q~~FO ~~ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent ITEM: 9a.• bb. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD il/S DATE: September 18, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Petronilo & Maria Barajas to purchase real property located at 3112 Hosking Road for $22,000.00 to widen Hosking Road. (Ward 7) RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located on Hosking Road just east of Highway 99, and consists of approximately 4,540 square feet of R-1 zoned land. The purchase price of $22,000.00 is a product of negotiations and based on an appraisal prepared by MB Appraisals. In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional right of way from a number of parcels along Hosking Road. Hosking Road needs to be improved and widened to handle current and future traffic flows. The City is purchasing approximately 25 feet along the frontage of this parcel in order to widen and improve Hosking Road to its full width. The purchase agreement between the City and the owners outlines the responsibilities of each party. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. C:\DOCUME-1\danderso\LOCALS-1\Temp\XPgrpwise\Council Admin report -Barajas -Purchase agmt.doc 9/18/2007 8:39 AM A y ~ ~ ADMINISTRATIVE REPORT ~' LIF MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: la.. c.C . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover Director of Recreation & Parks September 14, 2007 CITY ATTORNE CITY MANAGE Park Land at Paladino Drive and Rivani Drive. (Ward 3) Agreement with Centex Homes, A Nevada General Partnership, for dedication of 1.84 net acres and purchase of a .31 acre parcel ($18,600) of property in Vesting Tentative Tract Map 6426 to the City for park purposes. 2. Appropriate $18,600 Park Development Fund balance from the Northeast Acquisition - Zone 3 to the Recreation and Parks Capital Improvement Project budget, for purchase of the property. APPROVED DEPARTMENT HEAD ~ ~- RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: On July 19, 2005, the Planning Commission approved Vesting Tentative Tract No. 6426 located on the southwest corner of Paladino Drive and Rivani Drive. The Tract approval generated a park dedication of 1.84 net acres, and a reservation of a .31 acre parcel to be purchased at $18,600, from the Park Development Fund for a total of 2.15 net acres of park land. The 2.15 acres will add to the 20 acre community park site owned by the City. Additional parcels of land will be acquired from the southern and western properties adjacent to the 20 acres park site as subdivision of those lands occurs. The park site will eventually be 25-30 acres in size and will include a future fire facility and typical community park amenities. September 14, 2007, 10:07AM S:~PLANNING & DEVELOPMENT\Park Tech FilesWdmins 076426 Rivani-Paladino Drive.doc A ^~ ~ ~ ~ ° ADMINISTRATIVE REPORT o ~ ro MEETING DATE: September 26, 2007 I AGENDA SECTION: Consent Calendar ITEM: l,~ ,~~ TO: Honorable Mayor and City Council FROM: Dianne Hoover Director of Recreation ~ Parks DATE: September 14, 2007 APPROVED DEPARTMENT HEAD ~ (~ CITY ATTORNEY CITY SUBJECT: Rivers Edge Park on Allegheny Court. (Vllard 3) 1. Agreement with Centex Homes, A Nevada General Partnership, to Dedicate 8.16 net acres of property (Rivers Edge Park) in Vesting Tentative Tract 6148 to the City for park purposes and development ($274,448) of Rivers Edge Park. 2. Appropriate an additional $29,059 Park Development Fund balance from the Northeast Development -Zone 3 to the Recreation and Parks Capital Improvement Project budget for improvement of the park. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: On June 5, 2003, the Planning Commission approved Vesting Tentative Tract No. 6148 located east of Alfred Harrell Highway and north of Old Walker Pass Road. The Tract approval generated a park demand of 8.16 net acres for dedication to the city. Therefore, Centex Homes is required to dedicate 8.16 net acres of park land. The development agreement specifies that a sum not to exceed $274,448 be paid upon recordation of a notice of completion to Centex Homes from the fees collected from specific tracts within the Northeast Park Improvement Zone for development of Rivers Edge Park. This future park sits along the Kem River as identified in the Northeast Park and Trails Plan. Centex Homes is developing homes near Rivers Edge Park and is responsible for developing the park site. Park improvements will include amenities such as a children's shaded playground, volleyball court, horse shoe pits, lookout benches, picnic area with shelter, climbing wall, turf and trees, and barbeques surrounded by a meandering sidewalk. The cost of the amenities provided will exceed the amount to be reimbursed as a benefit to City. An appropriation of a additional $29,059 is needed to supplement the $245,389 budgeted for a total not to exceed $274,448 from Northeast Development -Zone 3 Park Development Funds appropriated in the FY 2007-08 Recreation and Parks Capital Improvement Project budget to cover the development costs. September 14, 2007, 10:05AM S:~PLANNING & DEVELOPMENT\Park Tech FilesWdmins OTRivers Edge Park dedication.doc ~ A ~ '~ n S~ ° ADMINISTRATIVE REPORT ~1 LL, MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: g ~ . ~~e TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 18, 2007 Memorandum of Understanding between the City of Bakersfield and Kern M dica Center regarding required training for the Hazardous Materials/Technical Rescue Paramedic program. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends that the Council authorize the agreement with Kern Medical Center. BACKGROUND: All Bakersfield Fire Department Paramedics participating in the Hazardous Materials/Technical Rescue Paramedic program are required to attend quarterly skills competency practice sessions. Kern Medical Center ("KMC") has agreed to allow the Paramedics participating in this program to attend the sessions in KMC's Emergency Department. This MOU provides a means for Paramedics to maintain manipulative field skills proficiency and sets forth the duties and responsibilities of the City and KMC. MR:Isc September 18, 2007, 9:42AM S:\COUNCILWdmins\07-OB Admins\KMCMOU.doc c3 of BAi~E ~. ~`. FCOM1lO~AlCO S ~J~ ~, 09 ~u.:~;..~P.~~= ADMINISTRATIVE REPORT gWFO ;~ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: tl ~.. ~-_ TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: September 10, 2007 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 06-335 with Muxlow Construction ($50,00 for a total amount not to exceed $100,000) of Community Development Block Grant funds to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. (All Wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield's consolidated Plan 2010 has identified accessibility improvements as a high priority with 78% of the disabled population falling under the 80% of the City's median income level. Each year the City's Community Development Block Grant Program reserves funding for the Home Accessibility Grant Program. The Program provides grants of up to $3,500 per household for constructing accessibility improvements/modifications. Up to $1,000 of additional funds under the agreement are used to address the costs of complying with Federal and State lead-based paint regulations for low income physically challenged residents who live in privately owned residential structures. Approximately 32 residential dwelling units are retrofitted each year under the HA Grant Program. Types of improvements include exterior ramps, handrails, grab bars, handicap toilets, and door widening. Exhibit A of Agreement No. 06-335 provides fora 12-month extension of the contract. Amendment No. 1 to Agreement No. 06-335, adds $50,000 which will allow the City's residents to continue receiving the much needed handicap accessibility improvements with an experienced and licensed contractor. S:Wdmins\Ciry Council\City Council Admins 2007\Muxlow HA amend #1.doc 9/10/2007 2:32 PM A 4 e ADMINISTRATIVE REPORT µ~ MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~ '- . ~a~, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: September 5, 2007 PROVED DEPARTMENT HEAD CITY ATTORNEY ~ ~- cITY SUBJECT: Amendment No. 1 to Agreement No. 06-209 with Boyle Engineering Corporation ($50,000; total not to exceed $200,000) for the continued provision of professional services for the inclusion of land within the CITY's Consolidated Maintenance District (All Wards). RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: Agreement No. 06-209 ($150,000) with Boyle Engineering Corporation provided services to perform improvement plan and final map checking, as well as, the preparation of maps, legal descriptions, exhibits, and resolutions necessary for the inclusion of land within the Consolidated Maintenance District. This amendment to Agreement No. 06-209 will increase compensation ($50,000) to provide for continued consultant services with regard to the formation of Consolidated Maintenance District. The total amount of this amendment is $50,000. This changes the current agreement amount of $150,000 to a total amount not to exceed $200,000. Funding for this amendment is budgeted in professional services funds. dha G:\GROUPDATWDMINRPl12007\09-26Wmend No. 1 to AGR 06-209.doc A ADMINISTRATIVE REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~oZ,, hh. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 29, 2007 SUBJECT: Accept bid and award contract to Granite Pavement Reconstruction: Federal Fiscal Vernon Avenue to Aubum Street (Ward 3). APPROVE DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Construction Company ($1,746,41 .05) for the Year 2006-2007 for Columbus Street from Mt. RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of full depth pavement reconstruction of the existing roadway on Columbus Street from Mt. Vernon Avenue to Auburn Street. This project also includes striping, pavement markings, handicap access ramps and traffic signal detector loops. Sufficient funds are budgeted to award this contract. On August 29, 2007, four acceptable bids were received as follows: Granite Construction Company 3000 James Road in the amount of ($1,746,418.05) Bakersfield, Ca 93308 (County) Griffith Company 1898 South Union Avenue in the amount of ($2,117,738.00) Bakersfield, Ca 93307 (City) A-C Materials 3527 Brian Way in the amount of ($2,135,922.00) Bakersfield, Ca 93308 (City) Teichert Construction 13281 Golden State Highway in the amount of ($2,260,587.00) Kingsburg, Ca 93631 (Out of Town) NSG G:\GROUPDATWDMINRPT\200T09-261Award T7K129_Pavement Construction Agr.doc A ~ ~ ADMINISTRATIV .~ E REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~a, I °, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD September, 12, 2007 CITY ATTORNEY CITY MANAG Accept bid and award contract to Granite Construction Company (not ~to exceed $5,000,000) for the annual provision -Street Materials. (Citywide) APPROVED RECOMMENDATION: Staff recommends acceptance of the bid, 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 Street Materials for the Public Works Department Streets Division. The bid required suppliers to provide pricing for various types and quantities of asphalt to be used in the maintenance of City streets. Three (3) bids were received in response to solicitation. 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 $5,000,000. The bid pricing schedule is renewable annually for four (4) consecutive one-year periods at the City's option and upon mutually agreeable terms. BIDDER AMOUNT Granite Construction Company $6,387,418.54 Bakersfield, CA AC Materials $6,580,162.88 Bakersfield, CA Calmat Co. dba Vulcan Matls Co. $6,608,766.45 Bakersfield, CA Staff finds the low bid to be acceptable and recommends award to Granite Construction Company, Bakersfield. Purchasing Division Kb S:\PURCHWDMIMAC Street Materials, 07-08-09, Granite Construction Co, September 26, 2007.doc Created on 9/12/2007 ~ ~ ADMINISTRATIVE REPORT ~t MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: ~ ~ . ' ° ° TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /VS DATE: September 10, 2007 CITY ATTORNEY CITY SUBJECT: Amendment No. 1 to the bid awarded to Granite Construction for HUDNStr~et Materials; increasing the not to exceed amount from $250,000 to $441,770. (Citywide) RECOMMENDATION: Staff recommends approval of amendment No. 1 to the bid award. BACKGROUND: On January 17, 2007, Council accepted the bid from Granite Construction Company for the annual provision of HUD street materials, with a not to exceed amount of $250,000. Additional funding was made available in the 2007-08 CDBG budget and staff is requesting the bid award to be increased by $191,770 for a revised not to exceed amount of $441,770 to coincide with HUD funds available for the purchase of street materials. Purchasing Division DW S:Wdmin\Admin Reports\Granite Const, AC HUD St Matls, September 26, 2007.doc September 11, 2007, 10:22AM F a ~ ~, ~,,Y14, ° ADMINISTRATIVE REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: V ~ . ILIt.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director September 13, 2007 Community Development Block Grant and HOME Investment Partnership Ac ion Plan Amendment No. 1 (FY07/08) and Amendment No. 2 (1=Y 06/07). (Wards All) 1. Transfer $649,000 Community Development Block Grant (CDBG) Project Savings to the Capital Improvement Program budget within the CDBG Fund. 2. Appropriate $211,000 Prior Year Program Income to the Capital Improvement Budget and $67,000 to the Operating Budget within the CDBG Fund. 3. Transfer $396,231 HOME Investment Partnership Project Savings to the Economic and Community Development Operating budget within the HOME Fund. 4. Appropriate $1,253,769 HOME Investment Partnership, Prior Year Program Income to the Economic & Community Development Operating Budget with the HOME Fund. V/J DEPARTMEN !/~ CITY ATTORNEY ~ CITY MANAGER RECOMMENDATION: Staff recommends approval. BACKGROUND: Economic and Community Development staff is proposing to reprogram Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds from program income or completed projects. In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME annual plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice was published on August 25, 2007 requesting comments and to date no comments have been received. Staff is proposing the following amendments to CDBG/HOME activities: 1) reprogramming of HOME project savings/program income in the amount of $1,000,000 for housing development assistance costs associated with the construction of affordable housing for the Baker Street Village project. Ward 2 2) reprogramming of HOME project savings/program income in the amount of $350,000 for exterior renovation and on-site improvements of eight residential buildings for Mercy Housing's Madison Place Apartments located at 1885 Madison Street. Ward 1 S:Wdmins\City Council\City Council Admins 2007\actfon plan amendment 09-26-07.doc 9/13/2007 4:31 PM ADMINISTRATIVE REPORT Page 2 3) reprogramming of HOME project savings/program income in the amount of $100,000 Tenant Based Rental Assistance in the form of rental subsidy to assist five at-risk homeless individuals and families afford housing costs at Mercy Housing's Madison Place Apartments located at 1885 Madison Street. Ward 1 4) reprogramming of HOME project savings/program income in the amount of $200,000 for downpayment and closing costs assistance for low-income families purchase a home at the Montecito Villa's. Ward 2 5) reprogramming of CDBG project savings/program income in the amount of $375,000 to design and construct a wet play area at the Casa Loma Park. (Ward 1) 6) reprogramming of CDBG project savings/program income in the amount of $300,000 for streetscape improvements on 19`h Street from "H" Street to Eye Street and on Eye Street between 19th and 18th streets. Ward 2 7) reprogramming of CDBG project savings/program income in the amount of $15,000 for the handicap access ramp for the Community Family Center located at 3649 "L" Street. Ward 2 8) reprogramming of CDBG project savings/program income in the amount of $185,000 (total CDBG budget $252,000) for the design and construction of streetscape and median improvements on 34`h Street between Union Avenue and "Q" Street. Ward 2 9) reprogramming of CDBG project savings/program income in the amount of $52,000 (total CDBG budget $100,000) for the Bakersfield Senior Center roof rehabilitation project. Ward 1 10) reprogramming of CDBG project savings/program income in the amount of $120,560 (total CDBG budget $500,560) for curb, gutter, and sidewalk installation from East Truxtun to California Avenue and Union Avenue to Williams Street. Ward 1 11) reprogramming of CDBG project savings/program income in the amount of $96,925 (total CDBG budget $538,925) and for curb, gutter and sidewalk installation in an area of Alta Vista Drive to Baker Street and from Bernard (scope of work changed from Flower Street to Bernard) to Highway 178. Ward 2 12) change of scope for New Construction Assistance (Lot Acquisition) for housing development assistance costs associated with the acquisition for construction of single-family housing units in Southeast Bakersfield Redevelopment Project Area to New Construction Assistance for housing development costs associated with the construction of affordable housing. No addition or reduction to current CDBG Budget ($427,175). Wards All S:Wdmins\City Council\City Council Admins 20071action plan amendment 09-26-07.doc 9/13/20074:31 PM ~ A ~ ; ° ADMINISTRATIVE REPORT C '~Wnv u~ F MEETING DATE: September 26, 2007 AGENDA SECTION: Consent Calendar ITEM: 001. 6 ~ , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 13, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Grant of easement to P.G. 8~ E. to provide electrical service to remediation equi ent located north of Brimhall Road extended (Flying J refinery). (Ward 2) RECOMMENDATION: Staff recommends approval of grant of easement BACKGROUND: P.G. & E. has requested the City grant them an easement over property acquired by the City for the Westside Parkway. The easement will allow them to extend service to remediation equipment being installed at the Flying J refinery. The TRIP Division of the Public Works Department has reviewed and approved their request. September 13, 2007, 2:42PM P:\MyFiles\Admin Reports\PGE Flying J.doc DMA/s A ~ ~ ~ ADMINISTRATIVE REPORT a~ MEETING DATE: September 26, 2007 I AGENDA SECTION: Hearing ITEM: I ~ ,: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA ~ t `~~ DATE: August 27, 2007 CITY ATTORNEY ~ CITY MANA~ SUBJECT: Public Hearing to Consider Curnow Planned Sewer Area (Ward 6): 1. Resolution Adopting the Curnow Planned Sewer Area and Making Findings Thereto. 2. Adoption of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities to include the Curnow Planned Sewer Area. (Second Reading) RECOMMENDATION: Staff recommends adoption of the resolution and ordinance. BACKGROUND: First reading of the ordinance was given on September 12, 2007. The City plans to construct a sewer trunkline in Ashe Road and Curnow Road west of Ashe Road to serve an area generally bounded by Hosking Road and McKee Road on the north, ~ Stine Road on the east, Engle Road on the south and Eberle Road on the west. This project will be funded through developer contributions and assessment district proceedings. These funds will be reimbursed as new developments and existing parcels within the area connect to the sewer trunkline. This resolution adopts the Curnow Planned Sewer Area. This ordinance adds the Curnow Planned Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. mps September 14, 2007, 8:47AM G:IGROUPDAl1ADMINRPT12007\09-26\Curnow PSA Adopt.DOC ADMINISTRATIVE REPORT MEETING DATE: September 26, 2007 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD '~~ DATE: September 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider resolution approving Zoning Modification No. 07-1174 t ncr ase the height of an existing 12-story office building from 176 feet to approximately 200 f to rmit the construction of an additional story in a C-O (Professional and Administrative Offi zone district located at 5060 Califomia Avenue. (Skarphol Associates, representing M reland Corporation) (Ward 2) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On August 14, 2007, the Board of Zoning Adjustment (BZA) held an advertised public hearing on a request to increase the height of an existing 12-story office building located at 5060 Califomia Avenue from 176 feet to approximately 200 feet to permit the construction of an additional story, and recommended same to the City Council. Normally, zoning modification requests are considered by the City Council only when the decision of the BZA is appealed. However, Zoning Resolution No. 324, approved by the City Council on October 23, 1985, states that no expansion of structures within the 10.3-acre office complex the subject building is a part of shall be permitted unless a subsequent modification is approved by the City Council. Therefore, the proposed modification requires City Council approval. The office complex is comprised of five parcels developed with the subject 12-story office building as well as a 4-story office building and a 4-story parking structure. No one spoke in opposition to the project at the BZA hearing. Malladi S. Reddy, owner of two of the five parcels comprising the office complex, resides in Texas and was unable to attend the BZA hearing; attached is a comment letter from Mr. Reddy dated August 10, 2007. The planned development of additional office space within the complex described in Mr. Reddy's letter has not been approved by the City and, therefore, cannot be assumed to occur in the future, regardless of what is specified in the referenced CC&R's. The development of additional office space within the complex would displace surtace parking and require additional off-street parking, requiring the construction of additional structured parking in order to meet the parking requirements of the Zoning Ordinance, unless a modification allowing a reduction in required off-street parking is requested and granted. The proposed modification would permit the construction of an additional partial story containing 8,853 square feet of usable floor area on the 12-story building, increasing the height of the building from 176 feet to approximately 200 feet; the usable floor area for each of the existing 12 stories ranges from 13,698 to 14,062 square feet. Modification 3657 was approved by the Board of Zoning Adjustment on September 22, 1981, permitting construction of the 12-story office building where the maximum allowable height under the Zoning Ordinance at that time was 45 feet; the present height limit in the C-O zone is 60 feet. Amendments to Modification 3657 were approved by the City Council on October 23, 1985, and January 8, 1986, permitting ADMINISTRATIVE REPORT Pa9ez construction of the 4-story office building and 4-story parking structure as well as a 23-foot tall microwave tower with 8-foot diameter dishes on the roof of the 12-story building. At this time, the microwave tower is proposed to be retained in its existing location, which is outside the footprint of the proposed additional partial story. If, in the future, the property owner proposes to increase the height of the tower or to relocate it to the roof of the proposed additional story, approval of a subsequent modification would be required. With the proposed addition of 8,853 square feet of usable floor area, the site would contain a total of 260,672 square feet of usable floor area. Based upon the parking requirement of 1 space per 230 square feet of general office space under the Zoning Ordinance, the proposed addition would result in a total parking requirement of 1,133 spaces. The project site contains a total of 1,167 off-street parking spaces, comprised of surface parking and a 4-story parking structure. Conditional use permits for a private club (Petroleum Club of Bakersfield) occupying the entire 12~' floor of the 12-story office building (CUP No. 02-0661) and for a university (Point Loma Nazarene University) to occupy 12,155 square feet of the 4-story office building (CUP No. 04-0993) have been granted. The peak parking demand for both of these uses occurs on nights and weekends when the parking demand for office uses is at its lowest point, thereby reducing the site's peak parking demand. An informal parking survey conducted by staff revealed that the complex's current parking demand is approximately one space per 475 square feet of occupied floor area. Based upon this level of demand, the complex's projected demand at full occupancy, including the proposed additional story, is approximately 550 spaces, which is roughly half of the complex's parking capacity. The proposed addition of 8,853 square feet of office space to the site is projected to generated approximately20 peak hour trips, an insignificant increase not warranting the preparation of a traffic impact analysis. The subject 12-story office building is set back a minimum of 230 feet from all four boundaries of the 10.3-acre project site. Furthermore, the project site is bounded on all four sides by streets, providing a further buffer from adjacent surrounding properties, all of which are developed with commercial uses. The nearest residential properties are situated more than 600 feet to the west of the subject building. Based upon these factors and the existing height of the building, the proposed increase in height is not considered a substantial change in the bulk and scale or character of the building and is not anticipated to adversely impact the character of the surrounding area. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing commercial and residential development in the surrounding area; therefore, a Notice of Exemption was prepared and advertised. S:\BZA SPR\MOD\2007\07-1174 5060 Calilbmia Ave • height modificadon\Admin Rpt 07-1174.doc A y ^~~r !~ "* Cn ° ADMINISTRATIVE REPORT 'Ww~r u O MEETING DATE: September 26, 2007 AGENDA SECTION: Deferred Business ITEM: 16 . a . TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: September 20, 2007 DEPARTMENT HEAD CITY ATTORNE CITY MANAGE SUBJECT: Illegal Immigration 1. 2. 3. 4. RECOMMENDATION: BACKGROUND: Part I: APPROVED Resolution Declaring that English is the Official Language of the C Resolution Declaring that the City of Bakersfield will not be a Sanctuary City Report by Staff regarding City Services Resolution Calling for Federal Immigration Reform Council Determination Councilmember Couch requested that the following be brought before City Council: 1. A resolution declaring English as the official language of the City of Bakersfield, which is attached; 2. A resolution declaring that the City of Bakersfield will not be a sanctuary city, which is attached; and 3. A staff report on what City services, if any, could be reserved for only those individuals that are citizens of this United States or are working on being here legally. The Department Heads discussed issue #3 and are unable to identify any services that can be restricted. Additionally, the recent Federal Court decision regarding .Hazleton, Pennsylvania casts doubt on the legality of doing so. Part II: As an additional component relating to the same topic, Councilmember Benham requested that another item be brought before the City Council: 4. A resolution calling on the federal government to change current immigration laws and reimburse local governments for costs incurred by illegal immigration. The resolution would also affirm the Police Department's current practice of cooperating with federal agencies with regard to immigration. September 21, 2007, 8:15AM S:Wdmin Rpts\2007\Iflegal Immigration-rev 092607.doc AT:aI;AW:vI ADMINISTRATIVE REPORT A memo from the City Attorney responding to several Council questions is attached. No matter what the outcome of a vote may be, a decision on some of these proposals will make a significant segment of the community unhappy. Why, when the City has neither authority nor influence on these matters, would such a vote be taken? Procedures: It is proposed that Councilmembers Couch and Benham give reports on their respective positions to be followed by public statements and then Council deliberations and motions. September 21, 2007, 8:15AM S:Wdmin Rpts\2007\Illegal Immigration-rev 092607.doc AT:aI;AW:vI BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 12, 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, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan (seated at 5:18 p.m.), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Two cases) Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED Session at 5:16 p.m. AB SULLIVAN Motion by Councilmember Couch to adjourn from APPROVED Closed Session at 6:30 p.m. RECONVENED MEETING -approximately 6:39 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Dave Champness, Riverlakes Community Church. Bakersfield, California, September 12, 2007 -Page 2 7. ACTION TAKEN PLEDGE OF ALLEGIANCE by Baylee Starkey, 7th Grade Student at Stockdale Christian School. Mayor recognized Bakersfield College and Ridgeview High School Government Classes and Boy Scout Troop 13 from Our Lady of Perpetual Help 8. 9. CLOSED SESSION ACTION a. Conference with Legal Counsel -Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Two cases) PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to KC the Bull and William D. Blair, CEO, Great Kern County Fair, proclaiming September 19 - 30, 2007, as Kern County Fair Days. Mr. Blair accepted the Proclamation and made comments. Vice-Mayor Hanson and the City Council made a presentation to City Clerk Pamela McCarthy in recognition of her election to the presidency of the City Clerk's Association of California for the year 2007-2008. City Clerk McCarthy accepted the presentation and made comments. 10 PUBLIC STATEMENTS a. Frank Tripiccho spoke regarding the Sister Cities Youth Exchange Program and introduced Joel Heinrich, parent, and students Cassie Sweedial and Kat Heinrichs. Additionally, Stanley Clark, Chairman of the Sister Cities Program spoke. b. Robert Lansford spoke regarding America's Broken Vows and presented a DVD of that program to the City. Lori de Leon (provided written information), Juan Mejia, Carlos Gomez (provided written statement), Paola Fernandez, America Nino, Camilla Chavez and Raquel Vizcarra (provided written information) spoke regarding illegal immigration. Bakersfield, California, September 12, 2007 -Page 3 ACTION TAKEN 10. PUBLIC STATEMENTS continued d. Bill Ware, President of the Bakersfield Police Officers Association, Derek Tisinger, President of the Bakersfield Fireman's Labor Association, and Scott Drake spoke regarding differential military leave pay. Councilmember Benham requested the time limit for speakers addressing the immigration issue be extended for five minutes. e. Jess Nieto, Executive Director of Heritage America Educational and Cultural Foundation, spoke regarding immigration and hate crimes. Randolph Amir spoke regarding sewer odors between Baker and Jackson Streets. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 29, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from August 17, ABS WEIR 2007 to August 30, 2007 in the amount of $8,182,101.12 and self-insurance payments from August 17, 2007 to August 30, 2007 in the amount of $237, 966.10. Ordinances: c. First Reading of Ordinance amending Chapter 15.72 FR of the Municipal Code relating to the Historic Preservation Commission. Bakersfield, California, September 12, 2007 -Page 4 12. CONSENT CALENDAR continued ACTION TAKEN d. First Reading of Ordinance amending Sections FR 1.12.010, 1.12.040 and 1.12.070 of the Municipal Code adding Annexation No. 536 consisting of 109.86 acres located north of E. Panama Lane, on the east side of Union Avenue and Annexation No. 546 consisting of 22.32 acres located south of Berkshire Road, east of S. Union Avenue to Ward 1; Annexation No. 499 consisting of 1,681 acres located south of Seventh Standard Road, west of Allen Road and Annexation No. 533 consisting of 53.25 acres located north of Snow Road, west of Calloway Drive to Ward 4; and, Annexation No. 506 consisting of 183.99 acres located east of Wible Road, south of Taft Highway to Ward 7. e. Adoption of Ordinance amending Title 17 of the ORD 4458 Municipal Code (Zone Map No. 122-22) by changing the zoning from R-3/PUD (Multiple Family Dwelling/Planned Unit Development) to R-1 (One Family Dwelling) on 42.40 acres for purposes of single family residential development located at the southeast corner of Pensinger Road and Stetson Way in McAllister Ranch (ZC 07-0999) (SunCal Companies representing LBREP/L - SunCal McAllister Ranch LLC) (FR 08/29/07) Adoption of Ordinance amending Title 17 of the ORD 4459 Municipal Code (Zone Map No. 123-33) by changing the zoning from A (Agriculture) to RE (Recreation) on 188 acres, C-2/PCD (Regional Commercial/Planned Unit Development Combining) on 37 acres and M-1 (Light Manufacturing) on 22 acres bounded by Taft Highway (State Route 119) on the south, Ashe Road on the east, Gosford Road on the west and the City's Wastewater Treatment Plant No. 3 on the north. (ZC 06-1002) (City of Bakersfield) Resolutions: g. Resolution ordering the summary vacation of the 40 RES 185-07 foot wide Gandola Street (County Road No. 1985) at the southeast corner of Brimhall Road and Calloway Drive. RES188-07 h. Resolution establishing new tow truck rates. Bakersfield, California, September 12, 2007 -Page 5 12. CONSENT CALENDAR continued Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 493 consisting of 1,813.08 acres located west Allen Road, south of the Kern River. Panama Lane Shopping Center and Gosford Village Shopping Center: 1. Resolution vacating Resolution No. 20-03 which certified Final Environmental Impact Report, Resolution No. 26-03 which approved General Pfan Amendment No. 02- 193, and Ordinance No. 4112 which approved concurrent Zone Change No. 02- 0193 for the Panama Lane Shopping Center. 2. Resolution vacating Resolution No. 21-03 which certified Final Environmental Impact Report, Resolution No. 27-03 which approved General Plan Amendment No. 02- 0300 and Ordinance No. 02-4110 which approved concurrent Zone Change No. 02- 0030. k. 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 1-73 (Rosedale, Froehlich SE) 2. Area 3-67 (McCutchen, Old River NW) 3. Area 4-79 (Panorama, Juniper Ridge E) 4. Area 4-80 (Bernard, Oswell NW) Resolution of Intention No. 1553 to add territory, Area 3-73 (McAllister Ranch #1) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. m. Resolution of Intention No. 1554 to add territory, Area 4-81 (California, P NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 187-07 RES 188-07 RES 189-07 RES 190-07 RES 191-07 RES 192-07 RES193-07 ROl 1553 ROI 1554 Bakersfield, California, September 12, 2007 -Page 6 12. CONSENT CALENDAR continued n. Resolution of Intention No. 1555 to add territory, Area 5-39 (McCall, Mesa Grande NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. Curnow Planned Sewer Area: Resolution of Intention No. 1556 to establish the Curnow Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities by adding the Curnow Planned Sewer Area. Agreements: p. Agreement with HNTB Corporation ($8,871,673) for engineering and environmental design services for the South Centennial Corridor. (TRIP) q. Agreement with PB Americas, Inc. ($7,036,625) for engineering and environmental design services for the West Beltway. (TRIP) r. Agreement with ComplQ (not to exceed $150,000 for 12 month period) for Workers' Compensation bill review services (self-insurance fund). s. Agreement with Kern County ($50,000) for sharing the cost of consultant services of Northcutt and Associates for coordination of the Metropolitan Bakersfield General Plan update. t. Agreement with Kern County ($698,974) for sharing the cost of consultant services of Pacific Mutual Consultants for the preparation of the Metropolitan Bakersfield General Plan update. u. Amendment No. 1 to Agreement No. 06-149 with JP/CP Development, Inc. for Tract 6295 Phase 1 located south of Brimhall Road and east of River Ranch Drive for developer to retrofit the existing block wall at the south end of property to mitigate anticipated noise from the proposed Westside Parkway. ACTION TAKEN ROl 1555 ROl 1556 FR REMOVED AGR 07-318 AGR 05-243(1) AGR 07-320 AGR 07-321 AGR 06-149(1) Bakersfield, California, September 12, 2007 -Page 7 12. CONSENT CALENDAR continued v. Amendment No. 1 to Agreement No. 06-387 with Paladino West, LLC for the relocation of a Southern California Edison transmission tower within the Paladino Drive right-of-way. w. Amendment No. 1 to Agreement No. 05-443 with McIntosh & Associates ($200,000; total not to exceed $500,000) for Public Works project construction inspection services (calendar years 2006 and 2007). Bids: x. Reject all bids for traffic signal and lighting system modification at Columbus Street and Mt. Vernon Avenue. Miscellaneous: y. Street and Storm Drain Appropriations: Appropriate $953,144 Gas Tax Fund Balance (Traffic Congestion Relief, Proposition 42 funds) to the Public Works Department Capital Improvement Budget for street resurfacing and reconstruction. 2. Appropriate $225,634 Federal Surface Transportation funds to the Public Works Department Capital Improvement Budget within the SAFETEA-LU Fund for the 2004/2005 Federally Funded Project for reconstruction of various streets. 3. Appropriate $45,610 Sewer Enterprise (Wastewater Treatment Plant 2) fund balance to the Public Works Department Capital Improvement Budget for the Storm Drain Improvements Project at S. Mt. Vernon Avenue and Columbus Street at University Avenue. z. Appropriate $20,000 contribution from First 5 Kern to the Capital Outlay Fund in the Recreation and Parks Department Capital Improvement Budget for a mini-grant to provide and install playground safety surfacing at Yokuts, University, Campus Park North and Quailwood Parks. ACTION TAKEN AGR 08-387(1) AGR 05-443(1) Bakersfield, California, September 12, 2007 -Page 8 12. CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced staff has requested the withdrawal of item 12.p. from the agenda. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion b Vice-Ma or Hanson to a APPROVED Y Y pprove Consent Calendar items 12.a. through 12.z with the deletion of ifem 12.p. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. 15. REPORTS a. City Council Goals Update. Assistant City Manager Stinson made a presentation. Councilmember Benham requested the item be returned to Council at a future meeting as Deferred Business. b. Mill Creek Linear Park Financing Option with State of California Infrastructure Bank (I-Bank). Councilmember Couch recused himself from this item and left the dais. Assistant EDCD Director Barnhard made a presentation and provided written material. 16. DEFERRED BUSINESS RES 194-07 a. Resolution adopting Military Leave Policy. City Clerk McCarthy announced correspondence was received from staff regarding this item. Human Resources Director Lozano made staff comments. Bakersfield, California, September 12, 2007 -Page 9 16. DEFERRED BUSINESS continued Item 16.a. continued ACTION TAKEN 17. 18. Councilmember Weir proposed a Catastrophic Leave Fund and stated for the record: "That he does support our military" and gave the City a check, specifically fo help support our military and hopes that other donations of time and money will soon follow. Councilmember Scrivner stated for the record that he too supports our military, agrees with Councilmember Weir's proposal to create a Catastrophic Leave Fund and he would donate one month's Council pay and vehicle allowance. Motion by Vice-Mayor Hanson to adopt Option A, a Resolution to approve 15 months differential pay and 80% continued benefits . b. Resolution adopting Educational Reimbursement Program. Motion by Councilmember Couch to Refer issue back to the Personnel Committee. NEW BUSINESS None. MAYOR AND COUNCIL STATEMENTS Councilmember Couch requested staff contact him regarding clean-up and other issues in Ward 4. Councilmember Couch asked if his proposed Resolutions making English the official City language and declaring the City will not be a sanctuary City will be on the Council agenda September 26'h; additionally he clarified that a third Resolution addressing the denial of City services to illegal aliens was not necessary and requested a report on that issue. City Manager Tandy responded. Councilmember Carson requested staff provide Mr. Amir a list of completed clean-up projects in the Baker Street and Southeast Redevelopment areas and abate sewer odors between Baker and Jackson Streets. Councilmember Benham requested staff and the Legislation and Litigation Committee revisit the responsibility of property owners on foreclosed properties for maintaining those properties; APPROVED NS WEIR, SCRIVNER APPROVED Bakersfield, California, September 12, 2007 -Page 10 ACTION TAKEN 18. MAYOR AND COUNCIL STATEMENTS continued additionally review the Ordinance being proposed by the City of Manteca regarding the issue. Councilmember Benham requested staff respond to a citizen complaint of standing water at 321 `G' Street and provided contact information. Councilmember Benham requested staff respond to a code enforcement issue on Montclair St, and provided contact information. Councilmember Benham requested staff respond to a business owner's question regarding parking regulations and provided contact information. Councilmember Benham requested staff respond to a complaint regarding shrubbery blocking the intersection at the SE corner of Irene and Thelma and provided contact information. Councilmember Benham requested the Legislation and Litigation Committee address the issue of sidewalk liability and repair. Councilmember Benham requested staff, particularly the City Attorney, address the following: • What City services, if any, could be reserved for only citizens or legal residents? • Would a Resolution declaring English our official language have any practical effect whatsoever? • Is there any way that Bakersfield could become a sanctuary City other than by an action by the Council? Has anyone made an application asking the Council to take such action? • Does our Police Department currently cooperate with the INS and other federal agencies regarding immigration matters? Would anything about our cooperation with the federal government be improved if Bakersfield were to pass a Resolution that we will not be a sanctuary City? • What cities in California have declared themselves to be Sanctuary cities? Bakersfield, California, September 12, 2007 -Page 11 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN • Please address the legality of these proposals in light of the recent decisions regarding Hazleton PA. Are there any other recent decisions of which we should be aware? Councilmember Sullivan requested Code Enforcement address properties on Caldwell Dr. and provided contact information. Councilmember Sullivan requested staff address speeding issues on Beechwood east of New Sfine and evaluate traffic to determine feasibility of a four- way stop at Beechwood and Starwood. Councilmember Sullivan expressed appreciation for the concert at Riverwalk Amphitheater this past Sunday evening. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 8:34 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:\Council\MINUTES\200TSeptember 12.doc Bakersfield, California, September 12, 2007 -Page 12