HomeMy WebLinkAbout10/10/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
OCTOBER 10, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
a. Workshop by Fire Department on the 130lh year Bakersfield Fire Department Celebration.
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. North Kern Water Storage District v Kern Delta Water District, et al (151 Point) _
Tulare County Superior Court Case No. 96-172919; Fifth Appellate District Court
Case No. F047706; California Supreme Court Case No. S 150976
2. City v Kern Delta Water District, et al- KCSC Case No. S-1500-CV-258097-NFT;
now known as Ventura County Case No. CIV242067
3. City v City of Shafter (CEQA), et al- KCSC No. S-1500-CV-260277-RJO
4. City v North Kern Water Storage District, et al- KCSC S-1500-CV-260360-AEW;
Tulare County Superior Court Case No. 224933
5. City v Oildale Mutual Water Company - KCSC Case No. S-1500-CV-260384-LPE
6. Victoria Rosales, et al v City, et al- USDC Eastern District Court Case No. CV-05-
237 REC TAG
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Jeff Chandler, First Presbyterian Church
7. PLEDGE OF ALLEGIANCE by William Naworski, 7th Grade Student at Our Lady of Perpetual Help
School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Brent Rush, Local Area Manager/Government
Relations, Pacific, Gas & Electric Company, proclaiming October, 2007, as Energy Efficiency
Awareness Month.
b. Presentation by the Highway 99 Tree Planting Committee.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
(Ward 4)
(Ward 3)
(Ward 3)
(Ward 6)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 4)
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 26, 2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from September 14, 2007 to September 27,2007 in the
amount of $11,511,440.23 and self-insurance payments from September 14, 2007 to
September 27, 2007 in the amount of $501,407.43.
Ordinances:
c. First Reading of Ordinance amending Section 10.76.030 of the Municipal Code relating to
parades.
First Reading of Ordinance amending Section 1.12.040 of the Municipal Code by adding
Annexation No. 522 consisting of 60.77 acres located on the west side of EI Toro Viejo
Road, east of Calloway Drive, Annexation No. 554 consisting of 66.69 acres located south of
Seventh Standard Road, west of the Calloway Canal, north of Snow Road, Annexation No.
563 consisting of 21.83 acres located at the northwest corner of Snow Road and Coffee
Road, and Annexation No. 564 consisting of 73.54 acres located north of Snow Road, on the
east and west side of Coffee Road to Ward 4.
e. First Reading of Ordinance amending Section 15.74 of the Municipal Code relating to flood
damage prevention.
d.
f.
Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the
Municipal Code (Zone Map NO.1 04-07) 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) (FR 09/26/07)
Resolutions:
Resolution approving acquisition and disclosure agreements and authorizing changes
thereto and execution thereof for Assessment District No. 07-2 (Sydney Harbour).
h. Resolution making findings and determination regarding commitment of unexpended
Metropolitan Bakersfield Transportation Impact Fees.
g.
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Resolution adding Area 2-35 (Stine, White SE) to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1559 to add territory, Area 1-74 (Calloway, Langley NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1560 to add territory, Area 1-75 (Coffee, Snow NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1561 to add territory, Area 1-76 (Jewetta, Etchart SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1562 to add territory, Area 1-77 (ih Standard, Jewetta SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
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City Council Meeting of 10/10/2007
(Ward 6)
12. CONSENT CALENDAR continued
n.
Resolution of Intention No. 1563 to add territory, Area 2-36 (Mexicali, Schirra NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1564 to add territory, Area 3-74 (Wible, Taft Highway SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1565 to add territory, Area 5-40 (S Union, E Panama NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
McDonald Area Sewer Project:
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. David Z. Fudge & Julia D. Fudge - 104 N. McDonald Way
b. Ignacio Guerrero & Amparo Guerrero - 140 Morrison Street
c. Fernando Quintanilla & Gloria Quintanilla - 113 Morrison Street
(Ward 7)
(Ward 1)
(Ward 1)
(Ward 3,7)
(Ward 7)
(Ward 5)
(Ward 3)
(Ward 6)
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Agreements:
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Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Centex Homes for Tract 6426 Phase 1
located east of Morning Drive and south of Paladino Drive near Rivani Drive.
2. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for
Tract 6462 located east of Wible Road and north of Berkshire Road near Santana
Drive.
3. Final Map and Improvement Agreements with International Housing Company and
Land Development, LLC for Tract 6642 located east of Morning Drive and south of
College Drive near Ireland Street.
Agreement with Belton Burdette and Lillian Marie Ashcraft ($24,500) to purchase real
property located on south side of Hosking Avenue between Highway 99 and Wible Road to
widen Hosking Avenue.
Agreement with Beazer Homes Holdings, Corp. (estimated Transportation Impact Fee Credit
- $46,612) for street improvements along the frontage of Tentative Tract 6553 located on the
southeast corner of Panama Lane and future Mountain Ridge Road.
Agreement with Moore lacofano Goltsman, Inc. (not to exceed $420,040) for architectural
and engineering design services for Mesa Marin Sports Complex located on Highway 178,
west of Highway 184.
Amendment No.9 to Agreement No. 98-222 with HTE, Inc. ($183,597.72) for service support
of licensed software.
Contract Change Order NO.1 to Agreement No. 06-346 with Kern County Construction, Inc.
($14,605) to provide industrial power requirements as per P.G. & E. to the well site CBK-46
located at 8217 Stonecrest Way, near Mountain Ridge Drive and McCutchen Road.
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City Council Meeting of 10/10/2007
(Ward 6)
12. CONSENT CALENDAR continued
x.
Contract Change Order No. 1 to Agreement No. 07-140 with Maverick Asphalt and
Construction ($42,443; revised not to exceed $704,028) for street improvements at the
intersection of Panama Lane and Golden Gate Street.
Grant of easement to P.G. & E. to provide electrical service to 210 Sumner Street.
Transfer $600,153 from the Recreation and Parks Capital Improvement Project budget within
the Park Development Fund (Southwest-Zone 1) to developer contributions for development
of Bridle Creek Park located at Midnight Creek Way and White Rock Lane.
Appropriate $26,015 State Grant Revenues (CAL-MMET) to the Police Department
Operating Budget within the General Fund toward the cost of surveillance equipment and
black mesh ID vests.
ee. Legislative and Litigation Committee Report No. 1-07 regarding sidewalk maintenance.
(Ward 6)
(Ward 1)
(Ward 2)
(Ward 5)
dd.
Bids:
Accept bid and award annual contract to Ennis Paint, Inc. (not to exceed $110,000) for traffic
paint for the Public Works Department.
Accept bid and award contract to Freeway Electric ($122,500) for traffic signal and lighting
system installation on Ashe Road at Harris Road.
Accept bid and award contract to Barnett VanDyne Construction, Inc. ($171,460) to relocate
City farm irrigation line at Redbank Road.
Miscellaneous:
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Staff recommends adoption of Consent Calendar items a through ee.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution adopting the 2006-2027 Regional Transportation
Facilities List and Fee Schedule. (Staff recommends adoption of resolution.)
(Ward 2)
b.
Public Hearing to consider Resolution ordering the vacation of a 20-foot wide alley in Block
195 between H Street and Eye Street and between 2151 Street and 22nd Street. (Staff
recommends adoption of resolution.)
c. Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program
1. Public Hearing to consider resolution authorizing the collection of fines and
administrative costs due to violations of Chapter 15.78 of the Bakersfield Municipal
Code related to the Metropolitan Bakersfield Habitat Conversation Plan Mitigation
Program.
2. First reading of ordinance amending Chapter 15.78 of the Bakersfield Municipal
Code relating to mitigation for urban development impacts on endangered species.
(Staff recommends adoption of resolution and give first reading to the ordinance.)
14. HEARINGS
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
4
City Council Meeting of 10/10/2007
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
R peCtfulIY~,
an Tan~
City Manager
10/3/071:14 pm
5
City Council Meeting of 10/10/2007
AGENDA HIGHLIGHTS
OCTOBER 10, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
WORKSHOPS
The Fire Department will give a brief presentation celebrating 130 years of service.
CLOSED SESSION
There will be a conference with legal counsel regarding six cases of existing litigation.
CONTINUATION OF REGULAR MEETING - approximatelv 6:30 p.m.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of an Ordinance relatina to Parades. The current ordinance requires selection of
one of five specific routes when applying for a parade permit. The proposed revision will give the applicant
the additional option of suggesting a route of their choosing. The existing review process would be followed
before approval is given. The Legislative and Litigation Committee recommends approval.
Item .12e. First Readina of an Ordinance relatinc to Flood Damaae. In February, 2007, the State
Department of Water Resources (DWR) reported no violations in enforcing the flood management
requirements. However, an area of improvement was noted. Staff revised the language to the current
ordinance using the State's model ordinance as a guide.
Resolutions
. Item 12h. Resolution reaardinc Commitment of Unexoended Metrooolitan Bakersfield Transoortation
Imoact Fees. Funds collected from Transportation Impact Fees shall be used for the purpose of capital
improvements to transportation facilities associated with the "Regional Transportation Facilities List". These
improvements are made necessary by new development, not for periodic or routine maintenance. Funds
shall be used exclusively for capital improvements which are a direct benefit to the City. Any funds not
expended or encumbered by the end of the calendar quarter immediately following five years from the date
the Fee was paid shall be refunded to the then current owner(s). Council is required to determine if any
remaining funds are unexpended or uncommitted after they have been held for this time frame. If sufficient
funds have not accumulated, the already-collected funds need not be expended within five years, provided
that Council determines that they can eventually be expended for projects included on the Plan.
Aareements
Item 12u. Aareement with Moore lacofano Goltsman. Inc. for Architectural and Encineerinc Desicn
Services for Mesa Marin Soorts Comolex located on Hiahwav 178. West of Hichwav 184 in an amount not
to exceed $420.040. Staff plans to demolish and reconstruct the existing 20-acre Mesa Marin Softball
Fields into a Sports Complex. This agreement is for Phase I improvements, which include all necessary
utility extensions, a gOO-square foot-restroom/concession/storage room/announcement booth. four lighted
softball fields, main parking lot, and entry road off of Mesa Marin Drive. Fifteen firms submitted Statements
of Qualifications in response to the RFQ for the Preliminary Design Services for the Sports Village and Aera
Park. Due to the similar nature of the projects, a firm from this pool could be selected to provide
architectural and engineering services for the Mesa Marin project, also. Based on the combination of
qualifications and fee proposal being the most favorable to the City, staff recommends award of the contract
to Moore lacofano Goltsman, Inc.
Miscellaneous
Item 12ee. Leaislative and Litiaation Committee Report No. 1-07 reaardina Sidewalk Maintenance. In
1995, Council approved a sidewalk repair program that identifies sidewalks in need of repair and references
the height of alleged defects. The law concerning "trivial defect" subsequently changed and sidewalks are
now determined to be defective or dangerous based on the totality of circumstances surrounding each
instance. The Legislative and Litigation Committee discussed this issue at the last meeting and
recommends Council approval.
CONSENT CALENDAR HEARINGS
Item 13a. Public Hearina to Consider a Resolution Adoptina the 2006-07 Reaional Transportation
Facilities List and Fee Schedule. The Regional Transportation Facilities List includes those projects in the
Metropolitan Bakersfield General Plan area which are included in the adopted Capital Improvement Plan
annually updated by Council. The List is detailed in an attachment to the administrative report.
This update includes the cost of living increase required by the City's ordinance. The last time the costs
were updated, the fees and costs were brought current to 2005, so the Construction Cost Index from 2005
to 2006 was applied to the list and fee schedule. The 2005/2006 Construction Cost Index increase is
3.52%. The Traffic Impact Fee for a single-family residence will increase from $6,826 to $7,066.
It should also be noted that City Staff, in cooperation with County staff, are currently working on a full
update of the Traffic Impact Fee Program. This update will include positive adjustments brought on by the
Thomas Roads Improvement Program, as well as updated traffic model information. Staff hopes to have
the update before the City Council and Board of Supervisors within the next 18 months.
Item 13b. Public Hearina to Consider a Resolution orderina the Vacation of a 20-foot Wide Allev between
H and Eve Streets and between 2111 and 22nd Streets. The property owner, Kern Central Credit Union, is
concerned with the safety of their employees, support venders, armored car deliveries, and customers. No
objections have been received to date.
Item 13c. Metropolitan Bakersfield Habitat Conservation Mitiaation Proaram (MBHCP). Council is asked
to give first reading of an ordinance that will provide for fines for conviction of both civil and criminal
violations. The public hearing is to consider a resolution authorizing the collection of the fines and
administrative costs. Without adoption of the administrative procedure, federal and state permits will be
jeopardized. The procedure is also in response to the California Department of Fish and Game's concern
regarding grading activities taking place prior to MBHCP compliance. All fines, except administrative costs,
shall be deposited in the MBHCP trust fund to be used to implement the plan, such as acquiring habitat
land.
APproved:lt-j / IlL
Alan Tandy, City Manager ~
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
October 10, 2007 Agenda Highlights
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Workshop
ITEM: 3~a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A~~ED
.~TZf
October 2,2007
SUBJECT: Workshop by Fire Department on the 130th year Bakersfield Fire Departm
RECOMMENDATION:
BACKGROUND:
Battalion Chief Doug Greener will be presenting information on the Bakersfield Fire Department's 130th
Anniversary Block Party that will be held October 20, 2007 at Station 1, downtown.
sc
October 2,2007, 4:47PM
Document1
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Closed Session
ITEM: 4rCL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/~
September 27,2007
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Six cases).
· North Kern Water Storage District v. Kern Delta Water District, et al
(1S1 Point)
Tulare County Superior Court Case No. 96-172919
Fifth Appellate District Court Case No. F047706
California Supreme Court Case No. S 150976
· City of Bakersfield v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No. CIV242067
· City of Bakersfield v. City of Shatter (CEQA), et al
Kern County Superior Court Case No. S-1500-CV-260277-RJO
· City of Bakersfield v. North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
· City of Bakersfield v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-1500-CV-260384-LPE
· Victoria Rosales, et al v. City of Bakersfield, et al
USDC Eastern District Court Case No. CV-05-237 REC TAG
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S:ICOUNCIL ICI SesslAdminsl06-0711 0-1 0-07ExistUt5cases.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Presentations
ITEM: q, A. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 27, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
.ED
SUBJECT: Presentation by Mayor Hall of Proclamation to Brent Rush L cal Area
Manager/Government Relations for Pacific, Gas & Electric Company, proclaim' g October,
2007, as "Energy Efficiency Awareness Month".
RECOMMENDATION:
BACKGROUND:
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September 27,2007, 3:06PM
S:\MAYOR\ADMIN\2007\ENERGY EFFICIENCY AWARENESS MONTH. DOC
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Presentations
ITEM: q, b~
TO: Honorable Mayor and City Council
FROM:
DATE:
Mayor Harvey L. Hall
September 27,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by the Highway 99 Tree Planting Committee.
RECOMMENDATION:
BACKGROUND:
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September 27, 2007, 3:02PM
S:\MAYORIADMIN\2007\WHITE CANE AWARENESS MONTH.DOC
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1:J.. .. Q .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
September 28, 2007
APPROVED
DEPARTMENT HEA~ k tt:l
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the September 26, 2007 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I;}", b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
September 27,2007
SUBJECT: Approval of department payments from September 14,2007 to September 2 I
amount of $11,511,440.23 and Self Insurance payments from September 1
September 27,2007 in the amount of $501,407.43.
RECOMMENDATION:
Staff recommends approval of payments totaling $12,012,847.66.
BACKGROUND:
RAR
September 27,2007, 3:23PM
S:\Richard\AP\ADMIN-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I:;, c:. ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 28,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
tl. t.\,/
a".i~ ,<
SUBJECT: First reading of Ordinance amending Section 10.76.030 of the Municipal C
Parades.
RECOMMENDATION: Staff recommends first reading of ordinance.
BACKGROUND:
The current parade ordinance describes a process for a person wishing to hold a parade to apply for a
parade permit. The permit application process requires applicants to select one of five specified parade
routes in the city.
The proposed revision of the ordinance makes these five routes suggested options, and allows permit
applicants the additional option of specifying a proposed parade route of their own choosing. If a permit
applicant were to do so, he or she would need to submit the proposed parade route as part of the permit
application. The traffic authority reviewing the parade permit application would then evaluate the route
according to the same nine criteria used in reviewing any proposed parade permit application.
AW:vl
S:ICQUNCI L\Adminsl07 -08 AdminslParadeRoutes.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1:J..d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
September 21, 2007
CITY ATTORNEY
CITY MANAGER
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Cod Se ion ~
1.12.040 by adding Annexation No. 522 consisting of 60.77 acres, located on the
west side of EI Toro Viejo Road, east of Calloway Drive, Annexation No. 554
consisting of 66.69 acres, located south of Seventh Standard Road, west of the
Calloway Canal, north of Snow Road, Annexation No. 563 consisting of 21.83 acres,
located at the northwest comer of Snow Road and Coffee Road and Annexation 564
consisting of 73.54 acres, located north of Snow Road, on the east and west side of
Coffee Road to Ward 4. (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 522, 554, 563 & 564 into
corresponding Council ward. These annexations were approved by LAFCO recently.
Annexation No. 522 is located on the west side of EI Toro Viejo Road, east of Calloway Drive. The
property consists of 60.77 acres. The property owner proposes the development of 220 single family
homes on the project site. The property owner requested annexation for development purposes and
to receive city services.
Annexation No. 554 is located south of Seventh Standard Road, west of the Calloway Canal, north
of Snow Road. The property consists of 66.69 acres. The property owner proposes to develop
approximately 275 single family homes. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 563 is located at the northwest comer of Snow Road and Coffee Road. The
property consists of 21.83 acres. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 564 is located north of Snow Road, on the east and west side of Coffee Road. The
property consists of 73.54 acres. The property owner proposes to develop approximately 430 single
family homes. The property owner requested annexation for development purposes and to receive
city services.
S:lAnnexation\Ordinances\2007\adminlAdmin Draft 10-10-07 522,554,563 & 564.DOC
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION:
ITEM: 1:.:/. e.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Phil Burns, Building Director<f{)
September 20, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an amended Flood Damage Prevention Ordinance
Recommendation:
Staff recommends first reading of an amendment to Flood Damage Prevention Ordinance: Title 15,
Chapter 15.74 of the Bakersfield Municipal Code.
Background:
In February 27, 2007, the Department of Water Resources (DWR), a state department which
coordinates the National Flood Insurance Program (NFIP) with the state, notified the City outlining its
findings from the Community Assistance Visit (CAV). The purpose of this CAV was to exchange
information regarding various aspects related to participation in the NFIP and to provide any technical
assistance that may be needed.
In its letter to the City, DWR indicated that they found no violation in enforcing the flood management
requirements. Although no technical or administrative problem was identified, the CAV indicated an
area where the City needs to make improvement. They requested the City amend the existing
floodplain management ordinance. DWR assisted the City with the drafting of an amendment to the
current floodplain management ordinance by providing a copy of the "California Model Floodplain
Management Ordinance, for Non-Coastal Community", published by the State in 2006.
Staff carefully reviewed the State's model ordinance and utilized it in preparing the draft amendment.
Most of the changes are limited to re-arranging the fifty-nine (59) definitions and replacing some of the
administrative and permitting processes in accordance with the model ordinance.
After the draft was reviewed and approved by the City Attorney it was forwarded to DWR for its review
and approval. On August 1, 2007, DWR sent a letter to the Mayor stating that the ordinance with the
proposed amendment fully meets current NFIP requirements. Subsequently, on September 19, 2007
staff presented the amended ordinance to the Bakersfield Water Board for review and obtained its
approval for recommendation to the City Council.
September 20. 2007. 9: 13AM
S:\Chris Lee\adminreport for f1oodplainord 10.10.07.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I ~.f~
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD V
September 27,2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving a Negative Declaration and ame ing ection
17.06.010 (Zone Map No. 104-07) of Title Seventeen of the Bakersfield Munici al Code
by changing the zoning from R-1 (Single Family Dwelling Zone) to R-21PUD (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 Boneso)
Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on September 26,2007.
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 concurrent 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 the proposed general plan amendment, zone change, and
the associated Negative Declaration.
RB: . S:\GPA 2nd 2007\06-2254\5 R Admin\Admin Report 2254 2nd Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10,2007
AGENDA SECTION: Consent Calendar
ITEM: I:J. q.
v
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
September 27,2007
SUBJECT: Assessment District No. 07-2, (Sydney Harbour). Resolution Approving Ac isition and
Disclosure Agreements and Authorizing Changes Thereto and Execution Thereof. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND:
On September 12, 2007 the City Council approved Resolution of Intention 1552. 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.
The Acquisition and Disclosure Agreement, provides the terms and conditions under which
Lenox Homes, will provide for the construction and installation of certain prescribed
improvements and the terms and conditions under which the City will use its best efforts to
issue and sell limited obligation improvement bonds of Assessment District No. 07-2 (Sydney
Harbour). The agreement further provides a portion of the proceeds of sale of such bonds will
be used to acquire the completed improvements. The purchase price of the subject
improvements is payable solely from such proceeds of sale and from no other source
whatsoever. A copy of the Acquisition and Disclosure Agreement is attached to this resolution.
Once the Resolution is adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
TIVJas
September 27,2007, 9:34AM
G:\GROUPDA T\ADMINRPT\2007\ 10-1 0\AD07 -2acq.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. L
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
September 21, 2007
SUBJECT: Resolution making findings and determination regarding commitment
Metropolitan Bakersfield Transportation Impact Fees.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code implemented a Transportation Impact
Fee Program for new development in order for new development to bear a proportionate share of the cost
of the new or expanded transportation facilities required by such development.
Funds collected from transportation impact fees shall be used for the purpose of capital improvements to
transportation facilities associated with the "Regional Transportation Facilities List". Such improvements
shall be of the type as are made necessary by the new development. No funds shall be used for periodic
or routine maintenance. Funds shall be used exclusively for capital improvements within the City or for
projects outside the City, but within the Bakersfield Metropolitan 2010 Plan area which are a direct benefit
to the City.
Chapter 15.84(080)B states that any funds not expended or encumbered by the end of the calendar
quarter immediately following five (5) years from the date the transportation impact fee was paid shall be
refunded to the then current owner or owners of lots or units of the development project or projects on the
prorated basis, pursuant to the provisions of State Government Code Section 66001.
State Government Code Section 66001 (d) requires the Council to make periodic findings and
determination of any remaining funds unexpended or uncommitted after they have been held for five or
more years after deposit of fees. The State Government Code requires local agencies "for the 5th fiscal
year following the first deposit into an account or fund, and every 5 years thereafter, to include specified
information in findings relating to the funding of a project."
The last annual determination was approved by the City Council on November 20, 2002. Future
determinations will be submitted for Council consideration every 5 years.
Significant sums are typically required for many of the projects included on the Regional Transportation
Improvement Plan - Phase III (Plan). If sufficient funds have not accumulated, the already-collected funds
need not be expended within five years, provided that the council determines that they can eventually be
expended for projects included on the Plan. Examples of some of the projects included in the Plan are:
Bridge Construction Hosking at 99, Hageman Road Bridge Construction, Stockdale Highway Median
Reconstruction, and Miscellaneous Traffic Signals. By making this determination, the City will be able to
continue accumulating funds until there are sufficient funds for the projects. In the event that no need can
September 21, 2007, 1 :23PM
G:IGROUPDA T\ADMINRPT\200711 0-1 OITIF Admin.doc
ADMINISTRATIVE REPORT
be demonstrated, then the funds would have to be refunded to the current property owner. Staff has
identified currently unfunded projects which would utilize both existing and future Transportation Impact
Fees.
This Administrative Report requests that the Council find and commit all unexpended funds collected,
which the City will have held for five (5) or more years, in accordance with Schedule "A".
Schedule "A" is a cumulative summary of revenue collected, expenses incurred, and unexpended revenue
within the Transportation Development Fund from its inception to Fiscal Year 2006-07. This schedule also
includes a recommendation that unexpended revenue be committed to incomplete projects on the
Regional Transportation Facilities schedule.
September 21, 2007, 1 :23PM
G:\GROUPDA T\ADMINRPT\2007\1 0-1 O\TIF Admin.doc
ADMINISlRA liVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I''','
c/-.j.iJ
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 27,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAG~R
SUBJECT: Resolution adding the following territory to the Consolidated Maintenance 'stri and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Ward 6)
1. Area 2-35 (Stine, White SE)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 26, 2007 the Council adopted Resolution of Intention No. 1558 to add
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
parks and street landscaping. The area 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 a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating 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 subdivider(s)/developer(s) to be recorded with the
subdivision maps.
Oct10_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10,2007
AGENDA SECTION: Consent Calendar
ITEM: rd. i.
v
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
September 25, 2007
SUBJECT: Resolution of Intention No. 1559 to add territory, Area 1-74 (Calloway, L gley E) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6853 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-74 is generally bounded by a line approximately 1,300 feet north of Langley
Road on the north, EI Toro Viejo Road on the east, Langley Road on the south and Calloway Drive on the
west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level
when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
September 25,2007, 12:41PM
MD1-74Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: fa- k.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1560 to add territory, Area 1-75 (Coffee, ow W) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6853 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-75 is generally bounded by Etchart Road on the north, Coffee Road on the
east, Snow Road on the south and Quail Creek Road on the west. This area will be under the streetscape
zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
September 26, 2007, 9:36AM
MD1-75Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1.1. .4_.
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Resolution of Intention No. 1561 to add territory, Area 1-76 (Jewetta, E art SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No's. 6858 and 6861 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of street landscaping. Area 1-76 is generally bounded by Etchart Road on the north,
the Friant-Kern Canal on the east, a line approximately 1,300 feet south of Etchart Road on the south and
Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned
an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
September 26,2007, 10:44AM
MD1-76Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I:J. r?1 .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1562 to add territory, Area 1-77 (7th Standard, ew a SW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6765 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-77 is generally bounded by th Standard Road on the north, Jewetta Avenue
on the east, and the Calloway Canal on the south and west. This area will be under the streets cape zone
of benefit and will be assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the publiC hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
September 26,2007, 10:47AM
MD1-77Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I;), fl.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1563 to add territory, Area 2-36 (Mexicali, Sc irra NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and 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. 07-0987 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 2-36 is generally bounded by a line
approximately 250 feet south of White Lane on the north, Mexicali Drive on the east, Schirra Court on the
south and a line approximately 260 feet west of Mexicali Drive on the west. This area will be under the
park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(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 subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
September 26, 2007, 1 0:53AM
MD2-36Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: / a.A
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Resolution of Intention No. 1564 to add territory, Area 3-74 (Wible, Taft Highwa SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
Tentative Tract No. 6868 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 3-74 is generally bounded by Taft Highway on
the north, Hughes Lane on the east, a line approximately 1,270 feet south of Taft Highway on the south
and Wible 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 concerning 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,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps. A copy of these covenants is attached for reference.
mr
September 26,2007, 11 :01AM
MD3-74Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: f:.l. D.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1565 to add territory, Area 5-40 (5. Union, . Panama NE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No's. 6895 and 7029 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 5-40 is generally bounded by a line
approximately 1,300 feet north of E. Panama Lane on the north, the Kern Island Central Canal on the
east, E. Panama Lane on the south and S. Union Avenue on the west. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
September 26, 2007, 11: 1 OAM
MD5-40RI05.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: l;;l" Q.
~'
"\
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 18, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreements for Sewer Connection and Construction Fees for the Mc
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.
David Z. Fudge & Julia D. Fudge 104 N. McDonald Way
Ignacio Guerrero & Amparo Guerrero 140 Morrison Street
Fernando Quintanilla & Gloria Quinatanilla 113 Morrison Street
b.
c.
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\SewerConFee\Admin\ 10-10-07 McDonald Adm.doc
September 18, 2007, 8:17AM
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I Q,.r.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
September 21, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Centex Homes for Tract 6426
Phase 1 located east of Morning Drive and south of Paladino Drive near Rivani
Drive. C""ard 3)
2. Final Map and Improvement Agreements with Lennar Homes of California, INC.
for Tract 6462 located east of Wible Road and north of Berkshire Road near
Santana Drive. C""ard 7)
3. Final Map and Improvement Agreements with International Housing Company
and Land Development, LLC for Tract 6642 located east of Morning Drive and
south of College Drive near Ireland Street. C""ard 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
September 21,2007, 10:10AM
G:\GROUPDA1\ADMINRPT\2007\1 0-1 O\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent
ITEM: la.s.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
DATE:
September 24, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Belton Burdette and Lillian Marie Ashcraft to purchase real pr. erty located
on south side of Hosking Road between Hwy 99 and Wible Road for $24,5 0.00 to widen
Hosking Road. (Ward 7)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The property being acquired is located on a vacant parcel on the south side of Hosking Road just east of
Highway 99, and consists of approximately 2,595 square feet of R-S zoned land. The purchase price of
$24,500.00 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.
R:\User_Projecls\Finance\PropertLManagement\cwebb\Hosking Road Project\Council Admin report - Ashcraft - Purchase agmt.doc
9/24/2007 11 :52 AM
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I'J. .-r.
September 24, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
..AfROVED
.i I) ......
c
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
SUBJECT: Traffic Impact Fee Agreement with Beazer Homes Holdings Corp ation for street
improvements along the frontage of Tentative Tract 6553 located on the southe st corner of
Panama Lane and future Mountain Ridge Road (Estimated Transportation Impact Fee
Credit - $46,612) (Ward 5).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Beazer Homes is developing Tentative Tract 6553 which is located on the southeast
corner of Panama Lane and future Mountain Ridge Road. Development of said tract requires developer to
construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation
Impact Fee (Panama Lane). Developer has constructed 1,007.75 linear feet of an additional traffic lane on
Panama Lane along the frontage of Tentative Tract 6553 as shown in "Exhibit B." The developer has
requested that the transportation impact fee credit available from this improvement be applied to impact
fees due on Tentative Tract 6553.
The amount of credit is $46,612 as shown in "Exhibit A."
phs
September 24,2007, 2:31PM
G:\GROUPDA T\ADMINRPT\ADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: /~. i( ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
.1)/ <--.
if
~
September 27,2007
SUBJECT: Design Consultant Agreement with Moore lacofano Goltsman, Inc., in amo nt not to
exceed ($420,040.00) for Architectural and Engineering Services for Mesa Marin Sports
Complex, located on Highway 178 west of Highway 184 (Ward 3).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City of Bakersfield plans to demolish and reconstruct the existing 20 acre Mesa
Marin Softball Fields into a modern Sports Complex. Phase I development will include all necessary utility
extensions, a 900 square foot restroom/concession/storage room/announcement booth, four lighted
softball fields, main parking lot and entry road off of Mesa Marin Drive. The agreement is for Phase I
improvements only.
On November 13, 2006, the City received Statements of Qualifications from fifteen firms in response to the
City's Request for Qualifications for the Preliminary Design Services for the Sports Village, Bakersfield,
California. On December 15, 2006, the City issued a Request for Fee Proposal for the 40 Acre Baseball
Park, (Aera Park), to the pre-qualified consultants for Preliminary Design Services for the Sports Village.
On January 17, 2007, the City conducted interviews with five qualified firms: CMX Sports, Moore lacofano
Goltsman. Inc., RJM Design Group, Inc., RRM Design Group, and the HLA Group. On February 14,2007
CMX Sports was awarded contracts for both the Sports Village and 40 Acre Baseball Park, (Aera Park),
projects. It was subsequently determined, due to the similar nature of the projects that another firm could
be selected from the above mentioned process for Architectural and Engineering Services for Mesa Marin
Sports Complex. The Selection Committee, consisting of six City staff representing Recreation & Parks
Department and Public Works Department, recommends award to Moore lacofano Goltsman, Inc., based
on their combination of qualifications and fee proposal being the most favorable to the City.
As funds become available, additional improvements will include a main restroom/concession stand
located at the west end of the Sports Complex to support a future developer provided soccer facility. In
addition, a restroom, parking lot, children's play area, skatepark, wet playground and group picnic facility
are planned to be located at the east end of the Sports Complex.
September 28.2007, 9:10AM PWlEngr ADR
G:\GROUPDAT\ADMINRPT\2007\1 0-1 O\MiG Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I ~. v:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
December 28, 2005
APPROVED/
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.9 to Agreement No. 98-222 with HTE, Inc. for Service Su
Software in the amount of $183,597.72.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
HTE developed many of the software programs which the City runs on the AS/400 computer. Such
programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning &
Zoning; Park Reservations, etc. This amendment will ensure that HTE continues to update software and
provide service for any problems encountered with these programs.
The agreement calls for a one-time payment of $183,597.72 which will ensure support through July
31,2008. The amount of $183,597.72 is a $12,652.72 increase from the 06-07 fiscal year amount of
$170,945.26 and reflects maintenance price increases by HTE and the City's purchase of additional
modules.
ADMINISTRATIVE REPORT
MEETING DATE
October 10,2007
AGENDA SECTION:
ITEM: I:;J. iv.
Consent Calendar
TO:
Honorable Mayor and City Council
FROM:
Flom Core, Water Resources Manager
DATE:
September 24, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order #1 to Contract No. 06-346 with Kern County Construction, I c n the amount of
$14,605.00, to provide industrial power requirements as per P.G. & E. to the well site CBK-46 located at 8217
Stonecrest Way in the vicinity of Mountain Ridge Drive and McCutchen Road. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of Contract Change Order #1.
BACKGROUND: The CBK 46 well site as purchased from K B Homes did not include the necessary high voltage
power required to operate the well motor and pump systems. This change order provides for the primary conduit and
transfonner pad as per P. G. & E. requirements. This project will bring one new domestic water well into operational
status adding needed capacity and pressure to the City of Bakersfield's expanding southwest side of town. The
project will include construction of (1) concrete block pumphouse, installation of (1) Deepwell Turbine Pump and
motor, (1) panel board, and miscellaneous piping and appurtenances for Ashe Water Well CBK-46.
Original contract amount of: .......................................................................................... $394,482.00
Change Order #1 amount of: ..................................................................... ..................... $14,605.00
Total to Date: ................................. ............................................................................ $409,087.00
September 25, 2007, 9:08AM
S:\2007 ADMIN REPORTSlAdmin October 10,07 KKC.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: ( ~ . X- .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
September 24, 2007
DEPARTMENT HEAD
CITY AITORNEY \
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 07-140 with Mave k Asphalt and
Construction ($42,443.00 for a revised not to exceed amount of $704,028.00) for the Street
Improvements at the Intersection of Panama Lane and Golden Gate Street (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the reconstruction and installation of storm drains on Panama
Lane at the intersection of Golden Gate Street.
During construction, an oil line was discovered which interfered with the installation of the new storm drain
system. Consequently, the storm drain must be redesigned and lowered to avoid this conflict. Further, 80
lineal feet of storm drain already installed must be removed and placed at the new design depth. This
circumstance will also result in increased traffic control costs for the detour already in place. The
estimated cost of this work is $42,443.00
This is the first change order to be submitted for this project. This change order will increase the project
total by $42,443.00 (which is an increase of 6.4% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$661,585.00
$704,028.00
$ 42,443.00
.
=
=
G:\GROUPDAT\ADMINRP1\2007\10-10\CCO 1 Panama and Golden Gate.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: {a..Y..
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
September 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Ennis Paint, Incorporated (not to exceed $110,000) for the
annual contract for traffic paint for the Public Works Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to Bid were sent to fifty-two (52) contractors for the Annual Contract for
Traffic Paint. Four bids were received in response to solicitation and are as follows. The bids submitted
are based on an estimated quantity of work multiplied by the contractor's unit price. The actual budget
available for the work is $110,000. The contract is renewable annually for four consecutive one-year
periods at the City's option and upon mutually agreeable terms.
Ennis Paint, Inc.
Ennis, TX
AMOUNT
$106,681.58
BIDDER
Pervo Paint Co.
Los Angeles, CA
Dispensing Technology Corp.
Moorpark, CA
$135,263.70
$135,810.68
Traffic Control Service, Inc
Fullerton, CA
$138,979.91
Staff finds the low bid submitted by Ennis Paint, Incorporated, Ennis, TX, to be acceptable.
Purchasing Division
S:\PURCH\ADMIN\AC for Traffic Paint, 07-08-13, Ennis Paint, October 10, 2007.doc
September 27, 2007, 11:10AM
ADMINISlRA liVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: / d. , z. .
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
September 26, 2007
SUBJECT: Accept bid and award contract to Freeway Electric ($122,500.00) for th
Lighting System Installation on Ashe Road at Harris Road (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a traffic signal, lighting system, pavement marking,
handicap ramp and signage at the intersection of Ashe Road at Harris Road. The project also includes
installing interconnect cable to the intersection of Panama Lane at Ashe Road to include the above
referenced new signal into the City's Intelligent Transportation System.
The majority of this project (88.53%) is funded with federal Congestion Management Air Quality funds.
The remainder is funded with Gas Tax Funds.
On September 12, 2007, four acceptable bids were received as follows:
Freeway Electric
5942 Acorn Street
Riverside, California 92504 (Riverside Co) in the amount of $122,500.00
TES Electric
5306 Aldrin Court
Bakersfield, California 93303 (City)
in the amount of
$127,000.00
A-C Electric Company
315 30th Street
Bakersfield, California 93303 (City)
in the amount of
$128,214.00
Loop Electric
7040 Downing Ave
Bakersfield, CA 93308 (City)
in the amount of
$133,357.00
September 19, 2007, 9:36AM
S:\PROJECTS\Rlt\Projects 05-06\T6K126 HARRIS ASHE\AdminRptAsheHarris.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10,2007
AGENDA SECTION: Consent Calendar
ITEM: / ~ ~Q.Q..,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD--it12- '
CITY ATTORNEY ~
October 2, 2007
CITY MANAGER
SUBJECT: Accept bid and award contract to Barnett VanDyne Construction Incorpor
relocate City farm irrigation line at Redbank Road (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: Part of the City farm bordered by Redbank Road, Planz Road, Oswell Street and Fairfax
Road has irrigation lines which are currently located close to the property line. These existing irrigation
lines will interfere with the future construction of the Redbank Road sewer line unless the irrigation lines
are relocated. In addition, the location of the existing irrigation lines will also pose a problem when the
Mira Monte High School is constructed since the irrigation lines are located close to the high school
playing fields.
The first phase of this project will relocate approximately 5,000 feet of irrigation pipe line along the south
side of Redbank Road between Oswell and Fairfax to avoid any potential issues with the Redbank Road
sewer line.
The second phase of this project will relocate approximately 2,300 feet of irrigation pipe line along the east
side of the City farm property. The relocation will allow for a 25 foot wide farm road buffer between the
irrigation line and the high school playing fields. This project will also enhance and improve water
distribution and farming operations. The Engineer's Estimate for the City Farm Irrigation Pipe Relocation
was $150,000. Funding for the project is from Sewer Enterprise Fund, and is available from budgeted
miscellaneous Capital Improvement Projects for Wastewater Treatment Plant #2.
Three bids were received on September 21, 2007 as follows:
Barnett VanD~ne Construction Inc.
41853 No. 27 Street West
Palmdale, CA 93551 (Out of town)
In the amount of
$171,460.00
Floyd Johnston Construction Inc.
2301 Herndon Ave.
Clovis, CA 93611 (Out of town)
In the amount of
$297,360.00
Southland Construction
3943 Irvine Blvd. Suite 40
Irvine, CA 92602 (Out of town)
In the amount of
$439,000.00
PWlWastewater Division/LS (E8K1 01)
10/2/2007,2:35:57 PM
G:\GROUPDAT\ADMINRPT\2007\1 0-1 O\AdminRpt City Farm Irrigation Line Relocation.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: I').. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD #7
CITY ATTORNEY I~
CITY MANAGER
September 27, 2007
SUBJECT: Grant of easement to P.G. & E. to provide electrical service to 210 Sumne
(Ward 2)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND:
P.G. & E. has requested the City grant them an easement over a corner of the City's property. The
easement will allow them to extend service to a building located at 210 Sumner Street. The Public Works
Department has reviewed and approved their request.
September 27,2007, 9:18AM
P:\MyFiles\Admin Reports\PGE Sumner.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar
ITEM: /:1 . U .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
September 25, 2007
CITY MANAGER
SUBJ ECT: Transfer $600,153 from the Recreation and Parks Capital Improvem
within the Park Development Fund (Southwest - Zone 1) to develo contrib tions for
development of Bridle Creek Park, located at Midnight Creek Way and White Rock Lane
(Ward 5).
RECOMMENDATION:
Staff recommends approval of transfer.
BACKGROUND:
Funds were budgeted in FY 2007-08 in the Capital Improvement Project budget within the Park
Development Fund for purposes of constructing Bridle Creek Park, located on Midnight Creek Way and
White Rock Lane. Council approved an agreement (#07-218) on July 18, 2007 with Old River Road, LLC
who will develop the park site.
Council approval is needed to transfer the funds budgeted in FY 07-08 from a capital project to a
developer reimbursement project within the Park Development Fund.
September 25. 2007, 3:22PM:rlj
S:\ADMINISTRATION DIVISION\Admin Rpts\2007 Admins\Bridle Ck X-Admin_10-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10,2007
AGENDA SECTION: Consent Calendar
ITEM: I,)" dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
W. R. Rector, Chief
September 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $26,015.00 State Grant Revenues (CAL-MMET) to the Police Department
Operating Budget within the General Fund toward the cost of Surveillance Equipment and
Black Mesh ID Vests.
RECOMMENDATION: Staff recommends appropriation.
BACKGROUND:
The Bakersfield Police Department has entered into an agreement with the Kern County Sheriffs Department, the
Kern County District Attorney, the Kern County Probation Department, and the Shafter Police Department as a
member of the California Multi-Jurisdictional Methamphetamine Enforcement Team (CAL-MMET). CAL-MMET
is a grant funded program administered through the Kern County Sheriffs Department.
The CAL-MMET Executive Board has just received approval of a grant adjustment, from the State Office of
Emergency Services. Part of the adjustment includes an approval to purchase equipment for the Bakersfield Police
Department. However, since CAL-MMET monies are disbursed on a reimbursement basis, the City must purchase
grant approved items before a claim for payment can be submitted. This appropriation allows the BPD to purchase
the grant approved items.
\\citynas\homedirs\dbranson\8PD\ADMIN RPTS\ADMIN RPTS FY 07-08\ADMIN RPT (10-10-07) CAL-MMET PURCHASES.doc
Page 1 of 2
ADMINISTRATIVE REPORT
MEETING DATE: October 10,2007
AGENDA SECTION: Consent Calendar
ITEM: I d. P,~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 28, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Report on sidewalk maintenance from Legislative and Litigation Committe
Recommendation:
Approval of modifications to Sidewalk Repair Program.
Background:
Back in 1995, City Council approved a written sidewalk repair program, a copy of which is
attached to this Administrative Report. Among other things, the policy outlines a program for
identifying sidewalks in need of repair and references the height of alleged defects (Le., 1 to 2 inches
or greater). The law concerning "trivial defect" has changed since the passage of the policy, and
sidewalks are now determined to be defective or dangerous based on the totality of circumstances
surrounding each instance. The matter was referred to the Legislative and Litigation Committee since
it is dealing with a broad range of sidewalk issues.
At the last Legislative and Litigation meeting, Staff recommended and the Committee
concurred, that the sidewalk policy be revised in order to be in line with current law. The red-lined
version of the changes recommended by Staff and the Committee are also attached.
The Legislative and Litigation Committee unanimously recommended that the written Sidewalk
Repair Program be modified as reflected.
VG:lsc
September 28, 2007, 9:47AM
S:\COUNCIL \Admins\07 -08 Admins\SidewalkRepairsRpt.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Hearing
ITEM: I 3. a.. .
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
September 10, 2007
SUBJECT: Public hearing to consider resolution adopting the 2006-2027 Regional Transportation
Facilities List and Fee Schedule. (All Wards)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code requires that the City Council adopt
the Regional Transportation Facilities List and the Transportation Impact Fee Schedule annually. The
Regional Transportation Facilities List includes those projects in the Metropolitan Bakersfield General Plan
area which are included in the adopted Capital Improvement Plan annually updated by the City Council.
These facilities constitute some of the regional facilities needed to maintain a LOS "C" or prevent the
degradation of roads which are currently below LOS "C" as shown in the Metropolitan Bakersfield General
Plan -- Circulation Element.
Staff has received requests from several developers to add new projects to the 2006-2027 Metropolitan
Bakersfield Regional Transportation Impact Fee Facilities List. The additional costs of these requested
projects are offset by savings in other projects (See attached Exhibits A.1, A.2, & B).
This update includes the cost of living increase required by the City's ordinance. The last time the costs
were updated, the fees and costs were brought current to 2005, so the Construction Cost Index from 2005
to 2006 was applied to the list and fee schedule. The 2005/2006 Construction Cost Index increase is
3.52%. The Traffic Impact Fee for a single-family residence will increase from $6,826 to $7,066.
It should also be noted that City Staff, in cooperation with County staff, are currently working on a full
update of the Traffic Impact Fee Program. This update will include positive adjustments brought on by the
Thomas Roads Improvement Program as well as updated traffic model information. Staff hopes to have
the update before the City Council and Board of Supervisors within the next 18 months.
Staff is recommending that the Regional Transportation Facilities List be revised as attached. Staff has
revised the Facilities List to account for completed and modified projects. A summary sheet showing the
changes is attached (See attached Exhibit C).
phs
G:\GROUPDA T\ADMINRPT\2007\1 0-1 O\T1F Schedule Increase Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Hearings
ITEM: 13.1:1.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
September 26, 2007
SUBJECT: Public Hearing to consider Resolution ordering the vacation of a 20-foot e al ey in Block
195 between H Street and Eye Street and between 2181 Street and 22nd 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 Electric, 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.
Resolution of Intention No. 1557 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of September 26,2007.
Notice of this public hearing has been duly advertised and posted as required by law.
G:\GROUPDA l\ADMINRP1\2007\ 10-1 O\ROI 1557 Alley E of H St Between 21 and 22 St Admin-Hearing Final.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 10, 2007
AGENDA SECTION: Consent Calendar - Hearings
ITEM: 13, c,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
SUBJECT:
Stanley Grady, Development Services Director DEPARTMENT HEAD ~
J/~
CITY MANAGER 1/
Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program (All wards):
CITY ATTORNEY
September 28, 2007
1. Public Hearing to consider resolution authorizing the collection of fines and
administrative costs due to violations of Chapter 15.78 of the Bakersfield Municipal
Code related to the Metropolitan Bakersfield Habitat Conservation Plan Mitigation
Program.
2. First reading of ordinance amending Chapter 15.78 of the Bakersfield Municipal
Code relating to mitigation for urban development impacts on endangered species.
RECOMMENDATION:
Staff recommends adoption of the resolution and first reading of the proposed ordinance revisions.
BACKGROUND:
The City Council is considering an ordinance providing an administrative procedure to address violations
of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Said ordinance provides for fines for
conviction of both civil and criminal violations of the ordinance. This public hearing is to consider the
resolution authorizing the collection of the fines and administrative costs.
The purpose of the ordinance amendment is to provide an administrative procedure to address violations
of the MBHCP. The program has been very successful and has a high rate of compliance. However, in
order to not jeopardize the federal and state permits, adoption of an administrative procedure, with
possibility of financial penalties, provides staff with an avenue to pursue compliance for those few
instances where there are violations. This procedure is also in response to California Department of Fish
and Game's concern of grading activities occurring prior to MBHCP compliance. All fines except
administrative costs shall be deposited in the MBHCP trust fund to be used to implement the plan, such as
acquiring habitat land. The administrative procedure is similar to the Code Enforcement compliance
procedure.
The City Council approved the MBHCP on August 25, 1993. Following final approval by the U.S. Fish &
Wildlife Service, the MBHCP became operational in August of 1994. The permit terminates in year 2014.
The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means
whereby individuals and the development community in the metropolitan Bakersfield area would be able to
avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts.
The program received widespread support from the development community and environmental groups.
MR:lsc I jeng
October 2,2007, 10:06AM
S:\Dana\ADMINS\2007\0ct\ 10-1 o-HCP. Fines.doc
ADMINISTRATIVE REPORT
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement
between the City of Bakersfield and Kern County. The trust group is composed of representatives from
the City of Bakersfield and Kern County, and includes advisory members from the California Department
of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member.
Developers pay a $2,145 per acre fee at grading plan approval stage to compensate for direct and indirect
impacts on endangered species habitat from urban development. The funds are used to purchase and
manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service
and California Department of Fish and Game.
The ordinance amendment is exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15061 (b)(3), General Rule. The adoption of the resolution is Categorically Exempt from the
requirements of CEQA in accordance with Section 15308 as an action by a regulatory agency for
protection of the environment.
MR:lsc I jeng
October 2.2007. 10:06AM
S:\Dana\ADMINS\2007\Oct\ 10-1 Q-HCP .Fines.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 26, 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 (seated at 5:30 p.m.,
Hanson, Sullivan (seated at 5:20 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Presentation by Steven Woods, Golden Empire
Transit District, regarding bus service to the
William M. Thomas Airport Terminal.
Presentation by Gina Hayden, Marketing Manager
Golden Empire Transit District, who introduced
Steven Woods, Golden Empire Transit District,
G.E.T. Chairperson Chuck Michele, Patricia Norris,
G.E.T. Vice-Chairperson, G.E.T. Board Directors
Howard Silver and Kathleen Ashlyn, who provided
an overview and written material.
4. CLOSED SESSION
a. Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6.
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:34 p.m.
APPROVED
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:42 p.m.
APPROVED
Bakersfield, California, September 26, 2007 - Page 2
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 Pastor Victor Airiohuodion, Citygate
Christian Center.
7. PLEDGE OF ALLEGIANCE by Ethan Calvillo, 151 Grade
Student at Downtown Elementary.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6.
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.
Paula Mande, Brandi Morgan, Secretary, the
Greater Bakersfield Council of the Blind, a
representative for the Center for the Blind and
Visually Impaired, and Fred HUffnagle, Lions Cub
International, accepted and made comments
regarding future fund raising events.
b. Presentation by Mayor Hall of Proclamation to Stacy
Crooks from Links for Life, proclaiming October,
2007, as Paint the Town Pink Month.
Stacy Crooks accepted the proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Randy Ariey spoke regarding spoke regarding water
safety at Riverwalk Park.
ACTION TAKEN
NO REPORTABLE
ACTION
Bakersfield, California, September 26, 2007 - Page 3
10.
PUBLIC STATEMENTS
b. Amy Green, Mt. Zion Missionary Baptist Church,
spoke on behalf of Greater Bakersfield Faith in
Action, and invited the community to attend the first
Community in Harmony concert on October 4,2007.
Additionally, Christy Kuntz and Angela Sevis spoke
on the same subject and provided written material.
Public Statements regarding illegal immigration
heard during item 16.a.
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 0Nard 7).
Motion by Vice-Mayor Hanson to appoint John
Enriquez to fill the mayoral appointment to the Keep
Bakersfield Beautiful Committee.
Motion by Councilmember Couch to appoint Elizabeth
Gosling to fill the Ward 4 appointment to the Keep
Bakersfield Beautiful Committee.
Motion by Councilmember Scrivner to appoint Kelly
Bishop to fill the Ward 7 appoint to the Keep
Bakersfield Beautiful Committee.
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.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
ASS WEIR
Bakersfield, California, September 26, 2007 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
c. First Reading of Ordinance approving a Negative FR
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)
ORD 4460
d. Adoption of Ordinance amending Chapter 15.72 of
the Municipal Code relating to the Historic
Preservation Commission.
e. Adoption of Ordinance amending Sections 1.12.010, ORD 4461
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 5
3.25 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.
f. Adoption of Ordinance approving a Negative ORD 4462
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.)
Bakersfield, California, September 26, 2007 - Page 5
12.
CONSENT CALENDAR continued
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)
g.
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.lProperty
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)
h.
Resolutions:
L Resolutions ordering judicial foreclosure of
delinquent assessments for the following
Assessment Districts:
1.
2.
3.
4.
AD 93-2 (Stine/Harris)
AD 94-1 (Renfro/Hughes)
AD 94-2 (GosfordlWhite)
AD 01-2 (Seven Oaks West II/River
Walk/Southern Oaks)
AD 02-1 (Avalon/Belsera/MontairelThe
Woods)
AD 03-1 (Brighton Place/Silver Creek II)
AD 04-1 (CountrysidelThe
Homestead/Cherry Hill/Olive Park III)
ACTION TAKEN
ORD 4463
ORD 4464
RES 195-07
RES 196-07
RES 197-07
RES 198-07
RES 199-07
RES 200-07
RES 201-07
j. Resolution confirming approval by the Assistant City RES 202-07
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.
5.
6.
7.
Bakersfield, California, September 26, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
k. Police Radio Communications Equipment:
1. Resolution determining that satellite receiver RES 203-07
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.
I. Resolution approving an application proposing RES 204-07
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.
m. Assessment District No. 07-2 (Sydney Harbour):
1. Resolution approving boundary map. RES 205-07
2. Resolution of Intention No. 1552. RO/1552
3. Resolution accepting petition and RES 206-07
determining to undertake special
assessment proceedings.
4. Agreement with Wilson & Associates for AGR 07-322
assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe AGR 07-323
for legal bond services.
6. Agreement with Goodwin Procter, LLP for AGR 07-324
legal disclosure services.
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) RES 207-07
2. Area 4-81 (California, lip" NW) RES 208-07
3. Area 5-39 (McCall, Mesa Grande NW) RES 209-07
Bakersfield, California, September 26,2007 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
p.
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.
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 2151 and
22nd Streets.
RO/1558
o.
RO/1557
q. Amendment No. 1 to Resolution No. 118-94 revising RES 118-94(1)
the penalties for parking violations from $65.00 to
$150.00.
r. Resolution announcing the City's intention to file a RES 210-07
Notice of Intent and a Notice of Continuation
regarding a potential Quiet Zone.
s. Resolution awarding contract to CCG Systems, Inc. RES 211-07
($118,600) for fleet management information AGR 07-350
system.
t. Sewer Connection and Construction Fees for
McDonald Area Sewer Project:
1. Resolution confirming assessments for RES 212-07
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 AGR 07-325
b. Pamela Roberts - 113 Dunlap Street AGR 07-326
c. Nunez Family Trust (co trustees-Joe AGR 07-327
Medina Nunez & Ida Medina Nunez)
- 137 Dunlap Street
d. Irene Y. Terry - 22 Candy Street AGR 07-328
Bakersfield, California, September 26, 2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
u. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR -07-329
with McMillin Cordona Crossing, LLC, for AGR 07-330
Tract 6006 Phase 7 located north of McKee
Road and west of State Route 99.
2. Final Map and Improvement Agreements AGR 07-331
with Fairway Oaks South, LP, for Tract AGR 07-332
6079 Phase 6 located south of Southern
Pacific Railroad on Mountain Vista Road.
3. Final Map and Improvement Agreements AGR 07-333
with Standard Pacific Corp., for Tract 6329 AGR 07-334
Phase 2 located at the southeast intersection
of Harris Road & Mountain Vista Drive.
4. Final Map and Improvement Agreements AGR 07-335
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 AGR 07-336
with Berkshire Place, LLC for Tract 6371 AGR 07-337
located at the northwest intersection of
Berkshire Road and S. Union Avenue.
v. Agreement with PB Americas, Inc. ($2,472,914.00) AGR 07-338
for engineering and environmental design services
for the SR-178 Widening. (TRIP)
w. Agreement with Lim & Nascimento Engineering AGR 07-339
Corp. ($2,628,578.21) for engineering and
environmental design services for the Hageman
Flyover. (TRI P)
x. Agreement with Pacific Gas & Electric Company for AGR 07-340
the permanent relocation of gas distribution facilities
in conflict with the new SR 178 and Fairfax Road
Interchange. (TRIP)
y. Agreement with Jose and Engracia Machuca AGR 07-341
($39,500) to purchase real property located at DEED 6771
3035 Hosking Road to widen Hosking Road.
z. Agreement with Anthony David and Delora May AGR 07-342
Encinas ($150,000) to purchase real DEED 6772
property located at 8056 Stine Road to improve
Stine and Hosking Road intersection.
Bakersfield, California, September 26, 2007 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
aa. Agreement with Craig and Holly Oliver ($25,000) to AGR 07-343
purchase real property located at 2941 DEED 6773
Hosking Road to widen Hosking Road.
bb. Agreement with Petronilo and Maria Barajas AGR 07-344
($22,000) to purchase real property located at DEED 6774
3112 Hosking Road to widen Hosking Road.
cc. Park at Paladino Drive and Rivani Drive:
1. Agreement with Centex Homes ($18,600) for AGR 07-345
dedication of 1.84 net acres and DEED 6775
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.
dd. Rivers Edge Park on Allegheny Court:
1. Agreement with Centex Homes ($274,448) AGR 07-346
to dedicate 8.16 net acres of property in DEED 6776
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 AGR 07-347
Center regarding required training for the Hazardous
Materials/Technical Rescue Paramedic program.
ff. Amendment No. 1 to Agreement No. 06-335 with AGR 06-335(1)
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 AGR 06-209(1)
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.
Bakersfield, California, September 26, 2007 - Page 10
12. CONSENT CALENDAR continued ACTION TAKEN
Bids:
hh. Accept bid and award contract to Granite AGR 07-348
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.
iL Accept bid and award annual contract to Granite AGR 07-349
Construction (not to exceed $5,000,000) for street
materials.
jj. 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.
II. Grant of easement to P.G. & E. to provide electrical DEED 6777
service to remediation equipment located north of
Brimhall Road extended (Flying J Refinery).
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12./1.
APPROVED
Bakersfield, California, September 26,2007 - Page 11
13.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Curnow Planned Sewer
Area
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.
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)
Hearings opened at 7:09 p.m.
No one spoke.
Hearings closed at 7:09 p.m.
City Clerk McCarthy announced correspondence
was received from Kennedy Commercial in support
of project 13.a. Additionally correspondence was
received from Premier Land Management in support
of project 13.a. and requesting staff review a large
map provided and place on file in the City Clerk's
office.
City Clerk McCarthy announced correspondence
was received from Dr. Malladi Reddy in opposition
to the Staff recommendation on item 13.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Hearing items 13a. and 13.b.
14. HEARINGS
None.
15. REPORTS
None.
ACTION TAKEN
RES 213-07
ORD4465
RES 214-07
APPROVED
Bakersfield, California, September 26, 2007 - Page 12
16.
DEFERRED BUSINESS
a. Illegal Immigration:
1. 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.
City Clerk McCarthy announced correspondence
and post cards were received regarding item 16.a.
one in support of the Resolutions and eight hundred
and forty-three in opposition. Additionally phone
calls were received in the City Clerk's office, one
hundred and one in support of the Resolutions and
one in opposition.
10. PUBLIC STATEMENTS continued
Motion by Councilmember Benham to extend the time
for Public Statements to thirty minutes.
a. Dr. Jess Nieto, Executive Director of Heritage of
America and participant of the Social Justice Task
Force, Karen Ash, Dr. Ray Gonzales, Linda
MacKay, Rudy Salas, staff member of Senator Dean
Florez, Robert Kunde, Kent Bowersox, Marti
Rodriguez (submitted additional post cards, Craig
Olsen, Ernest Morse, Edward Herrera, Jan Gary,
and Dr. Karen Stocker, Professor of Anthropology,
Cal State Bakersfield spoke regarding illegal
immigration.
Motion by Councilmember Carson to extend the time
for Public Statements by fifteen minutes.
a. Mary Shadden, founder of Bakersfield Families to
Men California Three Strikes, Jess Boyar, Magda
Mendez, Latina Leaders of Kern County, Mark
Martinez, Delores Huerta, Delores Huerta
Foundation, Armando Elenes, Organizing Director of
the United Farm Workers on behalf of the UFW,
Audrey Chavez (provided written material) and
Steven Murray spoke regarding illegal immigration.
Motion by Councilmember Benham to extend the time
for Public Statements by fifteen minutes.
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California, September 26, 2007 - Page 13
10.
PUBLIC STATEMENTS continued
a. Gonzalo Santos (provided written material), Giselle
Ruiz, Dr. Edna Molina, Sociologist Cal State
Bakersfield, Lupe Martinez, Anna Vega, Cristin
Celedon, Jared Thomas, Sarah Richter and Pete
Parra spoke regarding illegal immigration.
16. DEFERRED BUSINESS continued
Motion by Councilmember Couch to adopt the
Resolutions.
Motion by Councilmember Benham to adopt Resolution
#4 which includes:
. calling on the Federal Government to enforce
current laws
. calling on the Federal Government to enact
meaningful laws
. calling on the Federal Government to reimburse
local governments for expenses incurred due to
illegal immigration
. directing the Police Department to continue
cooperating with INS, the Homeland Security
Agency and other Federal agencies
Councilmember Scrivner requested a friendly
amendment to Councilmember Benham's motion as
follows: 'Whereas Council of the City of Bakersfield
recognizes that Section 6 Article III of the California
Constitution states that English is the official language
of California, and that a common language is necessary
for a prosperous State that provides equal opportunity
for the citizenry, now therefore be it resolved the City of
Bakersfield calls on the United States Government to
develop policies which effectively promote English
fluency among new legal immigrants."
Councilmember Benham accepted Councilmember
Scrivner's friendly amendment and requested the
suggested language be included in the Resolution.
Motion by Councilmember Couch to adopt a Resolution
making English the official language of the City of
Bakersfield.
ACTION TAKEN
WITHDRAWN
NO ACTION TAKEN
APPROVED
NS CARSON
FAILED
NS CARSON, BENHAM,
SCRIVNER, SULLIVAN,
WEIR
A YES COUCH, HANSON
Bakersfield, California, September 26,2007 - Page 14
16.
DEFERRED BUSINESS continued
Motion by Councilmember Couch to adopt a Resolution
declaring Bakersfield will not become a sanctuary City.
Recess from 9:29 p.m. to 9:37 p.m.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Carson stated she supports the
Constitutions of the United States and the State of
California, that she believes in bilingual education and
anticipates the Council will join forces to combat violent
crime in the community.
Mayor Hall made comments regarding recent community
service projects and complimented Pastor Ron Vietti, Valley
Bible Fellowship, and Fire Chief Fraze for spearheading the
various efforts.
Mayor Hall requested Chief Rector provide Council a
report regarding Police Department efforts to stem
gang violence over the past eight years.
Councilmember Couch thanked the police officers who
have worked over-time during the last few Council
meetings.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:42 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:ICounciIIMINUTES\2007ISeplember 26.doc
ACTION TAKEN
FAILED
NS CARSON, BENHAM,
SCRIVNER, WEIR
A YES COUCH, HANSON,
SULLIVAN