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BAKERSFIELD CITY COUNCIL
AGENDA
APRIL 11, 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 and Closed Session ltem(s) only during this portion of the
meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Tyree Toliver, Jr., St. John Baptist Church.
7. PLEDGE OF ALLEGIANCE by Elias Salas, 4th Grade Student at Horace Mann School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Lupe Perez, Victim/Witness Probation
Supervisor, Kern County Probation Department, proclaiming April 22 - 28,2007, as National
Crime Victims Week.
b. Presentation by Mayor Hall of Proclamation to Barbara Norcross, Golden Empire Association
of REALTORS, and Patricia Richter, City Economic & Community Development Department,
proclaiming April, 2007 as Fair Housing Month.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms
of Frederick Prince and Larry Koman, terms expiring April 22, 2007.
Staff recommends Council determination.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 19, 2007 Joint City/County Meeting and the March 28,
2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from March 16, 2007 to March 29, 2007 in the amount of
$10,330,482.51 and self-insurance payments from March 16, 2007 to March 29, 2007 in the
amount of $196,471.74.
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 4)*
(Ward 2)
(Ward 2)
(Ward 1,3)
(Ward 6)
(Ward 6)
(Ward 3)
n.
. - upon annexation
Ordinances:
c. First Reading of Ordinance adding Section 17.04.367 (Large Retail Development definition),
17.04.502 (Retail Establishments definition), and 17.08.140 relating to architectural design
standards and criteria for large retail developments.
d.
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 104-18) of the Municipal Code by changing the zoning from R-1
(One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Unit Development) zone
on 29.07 acres located at the southwest intersection of City Hills Drive and Vineland Road
(future). (ZC 06-1829) (Applicant: Mcintosh and Associates/Property Owner: Mountain View
Bravo, LLC and S&J Alfalfa)
Adoption of Ordinance amending Municipal Code Section 1.12.040 by adding Annexation
No. 486 consisting of 106.66 acres located north of Snow Road, west of Allen Road;
Annexation No. 495 consisting of 60.88 acres located north of Reina Road to Kratzmeyer
Road, west of Allen Road; and, Annexation No. 535 consisting of 82.25 acres located south
of Snow Road, west of Allen Road to Ward 4. (FR 03128107)
Resolutions:
e.
f.
Resolution authorizing the filing of an application with Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2007-08 ($141,392) to be
utilized for maintenance of Bakersfield Amtrak Station during said fiscal year.
g. Resolution supporting State Assembly Bill 1 04 (Solario) concerning access to criminal
records.
h. Resolution supporting Senate Bill 456 (Feinstein) concerning gang abatement and
prevention. .
i. Resolution supporting the Kern Council of Governments Program of Projects recommended
for the State Transportation Improvement Program (STIP) Augmentation Program.
j.
Resolution approving the application for grant funds ($150,000) for Land and Water
Conservation Fund for Reforestation in Central Park as an element of the Mill Creek Linear
Park Project.
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 4-75 (Miramonte, 178 NE)
2. Area 4-76 (Morning, Mandarin N)
3. Area 5-35 (Planz, Coy S)
Resolution of Intention No. 1528 to add territory, Area 2-34 (Tubac, White SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1529 to add territory, Area 3-68 (Berkshire, Reliance SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1530 to add territory, Area 4-77 (Auburn, Fairfax NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
k.
I.
m.
2
City Council Meeting of 04/11/2007
12. CONSENT CALENDAR continued
(Ward 3.4,6,7) o.
(Ward 1)
(Ward 3)
(Ward 7)
(Ward 7)
(Ward 3)
. - upon annexation
Agreements:
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Rio Bravo Heights, LLC for Tract 5516
Phases 3 thru 6 located at the southeast corner of Vista Grande Drive and De La
Guerra Terrace.
2. Final Map with Lakshmana O. Arasu and Susila Arasu for Tract 6254 located north
off Brimhall Road and east of Jewetta Road.
3. Final Map with Beazer Homes Holding Corp. for Tract 6553 Phase 1 located at the
northeast intersection of Berkshire Road and Mountain Ridge Drive.
4. Final Map with Stuart Thomas Inc., dba Lenox Homes, for Tract 6611 located north
off E. Berkshire Road and east of S. Union Avenue.
Assignment of Agreement No. 04-142 with Bob Hooper to Clinton Bridges for ground lease
of Hangar Space B-10 at the Bakersfield Municipal Airport.
Relocation of East Niles Community Services District Waterline:
1. Reimbursement Agreement with East Niles Community Services District ($550,000)
for cost of utility relocation for State Route 178 interchange project at Fairfax Road.
2. Appropriate $550,000 other agency share to the Public Works Department Capital
Improvement Budget within the Thomas Roads Improvement Program Fund.
Agreement with Arvin-Edison Water Storage District for a license to encroach on right of way
for the Colony Street Bridge.
Hosking Avenue Interchange at Highway 99:
1. Agreement with John Giumarra, Jr. and Terra Investments, Inc. to expedite design
phase of Hosking Avenue Interchange.
2. Design Consultant Agreement with Parsons ($2,849,749.82) for engineering services
for Project Approval and Environmental Documents Plans (PA&ED) and
Specifications and Estimate (PS&E).
Amendment NO.1 to Agreement No. 04-236 with Borton, Petrini & Conron, LLP ($75,000;
total not to exceed $150,000) for legal services for the acquisition of offsite real property
interest (Masterson Street alignment).
u. Amendment No.1 to Agreement No. 06-368 (formerly known as Agreement No. CA06-014)
with Clifford & Brown for outside legal services in the matter of John M. Tarabino, et ai,
KCSC Case No. S-1500-CV-257620-SPC, adding the matter of Canyons, LLC, et al v City,
S-1500-CV-260175-AEW.
p.
q.
r.
s.
1.
v. Amendment NO.1 to Agreement No. 06-102 with Safeway Sign Company ($65,000; revised
not to exceed $130,000 and extending the term for one(1) year) for traffic signs.
w. Subdivision Plan Checking Services:
1. Amendment NO.2 to Agreement No. 06-019 with Willdan ($300,000; total not to
exceed $480,000) to provide plan checking services.
2. Appropriate $300,000 additional plan check and construction inspection revenue to
the Public Works Department Operating Budget within the Development Services
Fund.
3
City Council Meeting of 04/11/2007
12. CONSENT CALENDAR continued
(Ward 1)
x.
Contract Change Order No. 1 to Agreement No. 06-260 with Griffith Company ($36,364.89
increase; revised not to exceed $1,617,945.89) for Akers Road At Grade Rail Crossing.
Contract Change Order Nos. 13, 14, 15, 16, 17 and 18 to Agreement No. 06-028 with
Granite Construction Company ($24,448.86; revised not to exceed $6,477,921.86) for the
North Chester Avenue Bridge over the Kern River Replacement Project.
(Ward 3)
y.
Bids:
(Ward 3)
Accept bid and award contract to Loop Electric ($269,471.81) for traffic signal and lighting
system installation at the intersections of Columbus Street at University Avenue, and
Columbus Street at Wenatchee Avenue.
aa. Accept bid from Haaker Equipment Company ($300,156.29) for one (1) additional Jet
Rodder Combo Truck.
z.
Miscellaneous:
bb. Appropriate $1,000,000 Additional Water Revenue within the Agricultural Water Fund for
early repayment of one half (50%) of the inter-fund loan made from the Sewer Fund for
emergency canal repairs.
cc. Potential removal and/or acceptance of resignation from Fire Civil Service Commissioner
Stuart Gentry.
Staff recommends adoption of Consent Calendar items a through cc.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(Ward 7)
a.
Public Hearing to consider Resolution establishing Agricultural Preserve No. 1 located at the
southwest corner of Taft Highway and Wible Road, and adopting rules governing the
administration thereof.
Staff recommends adoption of resolution.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
{!J::t:1!'/5;;~4.r:
Alan Tandy
City Manager
4/3/07 4:00pm
4
City Council Meeting of 04/11/2007
I
AGENDA HIGHLIGHTS
APRIL 11, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
CLOSED SESSION
The performance evaluation of the City Manager will be discussed.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
Two appointments will be made to the Bakersfield Redevelopment Agency.
CONSENT CALENDAR
Ordinances
Item 12c. First Readino of an Ordinance addino Sections to the Municioal Code relatina to Architectural
Desion Standards and Criteria for Laroe Retail Develooments. The standards will apply to all new large retail
developments over 50,000 square feet as either a single building or the combined size of multiple abutting
buildings of a retail center. It will affect retail development within all commercial zones, and other zones where
the development permits retail commercial development, such as industrial and recreation zones. The
ordinance will also apply to expansions of existing retail centers if their size increases 50 percent or more as a
single expansion or cumulatively since the adoption of this ordinance.
The Planning and Development Committee. began discussions on this issue in October, 2003. It was ultimately
forwarded to the Planning Commission for public hearing. The Planning Commission unanimously
recommended approval on March 1, 2007.
Staff sent copies of this ordinance to the Home Builders Association of Kern County (HBA - previously BIA),
the Association of Realtors, local chapter of the American Institute of Architects, Chamber of Commerce,
Board of Trade, Builders Exchange, Building Trades Council, Downtown Business Association, Smart Growth
of Kern County, Sierra Club and Kern County Planning. Additionally, staff met with the legislative committee of
the HBA, representatives of Castle and Cooke, Roger Mcintosh and Dave Dmohowski (representing Rosedale
Ranch and other commercial clients). Comments were minor and staff was able to incorporate most of the
recommendations into the final ordinance. Minor amendments were based on these discussions. These
amendments are shown in more detail in the administrative report.
Item 12d. First Readino of an Ordinance aoorovino a Neoative Declaration and amendino the Municioal
Code by Chanoino the Zonino from R-1 to R-1/PUD (One Family Dwellina/Planned Unit Develooment) on
29.07 Acres Located at the Southwest Intersection of City Hills Drive and Vineland Road (future).
Mcintosh and Associates, representing Mountain View Bravo, LLC and S&J Alfalfa, propose development of
a small lot, single family, Planned Unit Development (PUD). On February 15, 2007, the Planning
Commission held an advertised public hearing on this zone change request, and recommend adoption by
the City Council. No one spoke in opposition to the project at the Planning Commission hearing. The zone
change is within a portion of Vesting Tentative Tract No. 6696 which was also approved by the Planning
Commission on this date.
Agenda Highlights
April 11, 2007 "
Page 2
Resolutions
Item 12'. Resolution Authorizina the Filina of an Aoolication with the Kern Council of Governments for allocation
of Transoortation Develooment Act (TDA) Funds for Fiscal Year 2007-08 for Maintenance of the Amtrak Station
in the amount of $141.392. TDA Article 4 Public Transportation funds are used to address transit problems.
These funds are used to offset maintenance costs for the Amtrak Station. This Resolution authorizes staff to
submit an application for those funds.
Items 12g. and 12h. Resolutions Suooortina Assemblv Bill 104 (Solario) and Senate Bill 456 (Feinstein)
concernina Access to Criminal Records and Gana Abatement and Prevention. resoectivelv. The Safe
Neighborhoods and Community Relations Committee supports passage of both of these Bills and recommends
full Council support. Assembly Bill 104 authorizes city attorneys pursuing civil injunctions, drug or gang
abatements to have access to criminal history information. Senate Bill 456 sets forth stricter penalties for
crimes committed by or in furtherance of gangs. Contained within this particular legislation is more than $500
million to help curb gang activity by way of gang enforcement teams.
Item 12/. Resolution suooortina the Kern Council of Governments (COG) Proaram of Proiects recommended
for the State Transoortation Imorovement Program (STIP) Auamentation Proaram. Last November, voters
approved Proposition 1b, which included $2 billion to augment projects currently in the STIP. On March 15,
2007, the COG Executive Board unanimously approved a program of projects to submit to the California
Transportation Commission for the STIP Augmentation Program. One of the projects in this program is the
Westside Parkway, for which $170.4 million of STIP Augmentation funding is being requested. Combined with
previously programmed funding, this new funding will provide for the complete construction of this project. The
Westside Parkway project will begin construction in mid 2008 with the construction of Mohawk Street from
Rosedale Highway to Truxtun Avenue, and the Westside Parkway itself is set to begin construction in mid
2009. This STIP Augmentation funding will allow the project to be completed faster with less phasing.
Item 12). Resolution aoorovinc the Aoolication for Grant Funds for Land and Water Conservation Fund
(LWCF) for Reforestation in Central Park as an Element of the Mill Creek Linear Park Proiect in the amount of
$150.000. Funds for the LCWF are allocated for planning, acquiring, and developing outdoor recreation areas
and facilities. The grant funds will provide reforestation of plant materials In Central Park upon completion of
the widening of the Kern Island Canal and creation of a pond and pedestrian plaza. The canal work will be
done as part of the Mill Creek Linear Park project. The City will partner with the Tree Foundation of Kern as
well as other community organizations on this element to ensure maximum input and benefit to the community.
Aareements
Item 12q. Reimbursement Aareementwith the East Niles Communitv Services District for the Cost of Utilitv
Relocation for the State Route 178 Interchanae Proiect at Fairfax Road in the amount of $550.000. East Niles
Community Services District (ENCSD) owns and operates an existing 18-inch diameter water line that is in
conflict with the SR-178 and Fairfax Road project. The waterline will be relocated from its current underground
location, approximately 150 feet west of Fairfax Road, to a new location within the new Fairfax Road
overcrossin9 bridge structure.
ENCSD does not have adequate reserves to pay for the relocation of this waterline. The City will design and
relocate the waterline as part of the SR 178 and Fairfax Road project and will be reimbursed by ENCSD for the
actual cost. The terms of the agreement provide for three equal payments over three years starting December
1, 2007. The $550,000 will be appropriated from other agency share to the Public Works Department Capital
Improvement Budget within the Thomas Roads Improvement Program Fund to pay for the initial costs.
t
i
Agenda Highlights
April 11,2007
Page 3
Item 125. Aoreements for the Hoskino Avenue Interchanoe at Hiohwav 99. John Giumarra, Jr. and Terra
Investments, Inc. are working with a developer to construct a 1,000,000 square foot commercial center north of
Hosking Avenue, east of Highway 99 with restaurants, a hotel and several anchor tenants. The traffic
associated with such a large development will require a freeway interchange. This interchange in on the City's
construction list, although it was not slated to begin for five or six years.
Staff proposes working in phases. Phase 1 provides that Giumarra and Terra convey property they currently
own or have the power to convey which is needed for the Interchange. Phases 2 and 3 are outlined in the
administrative report.
Two agreements are presented here for approval to cover Phase 1. The first agreement is with Giumarra and
Terra to expedite the design phase of the Interchange. The second agreement is with Parsons for
engineering services for project approval and environmental documents plans (PA&ED), and specifications
and estimates (PS&E) in the amount of $2,849,749.82. In September, 2006, Parsons was selected following
an RFP process for this Interchange project.
Item 12w. Amendment No.2 to Aoreement 06-019 with Willdan to orovide Plan Checkino Services in the
amount of $300.000. for a total not to exceed amount of 5480.000. The Subdivision Section of the Public
Works Department continues to have a large backlog of submittals for plan checking. The current turn around
time for plan checks is eight weeks, and the goal is four weeks or less. Staff recommends appropriating
$300,000 additional plan check and construction inspection revenue to the Public Works Operating Budget
within the Development Services Fund to pay these costs.
Item 12y. Contract Chanoe Order Nos. 13. 14. 15. 16. 17. and 18 to Aoreement 06-028 with Granite
Construction Comoanv for the North Chester Avenue Bridoe over the Kern River Reolacement Proiect
($24.448.86 for a revised not to exceed amount of $6.477.921.86). These Change Orders provide for extra
equipment and work needed to complete the project. A more detailed description of each item is included in
the administrative report.
Bids
Item 1288. Award Contract to Haaker Eauioment Comoanv for One Additional Jet Rodder Combo Truck in the
amount of $300.156.29. Haaker Equipment Company was awarded a contract with the City of Los Angeles
for a jet rodder combo truck. The bid has provisions for other governmental agencies to piggyback on the bid.
Staff estimates that the City of Bakersfield will save approximately $25,000 by piggybacking onto the City of
Los Angeles bid. The truck will be used by the Public Works Department Streets Division to maintain catch
basins and sewer lines.
. Miscellaneous
Item 12bb. Aoorooriate $1 Million Additional Water Revenue within the Aoricultural Water Fund for Earlv
Repavment of One Half of the Inter-Fund Loan made from the Sewer Enterorise Fund for Emeroencv Canal
Reoairs. In October, 2003, the collapse of a corrugated metal culvert pipe at 19tn and Oak Streets resulted in a
pavement cave-in. Emergency repairs were required. Based on limited cash flow within the Agriculture Water
Fund at that time, the repairs were financed with a $2 million inter-fund loan from the Sewer Enterprise Fund.
The loan was to be repaid over seven years at a 4% annual interest rate. The first principal payment is
scheduled for December, 2007, which is one year after the final principal payment was made on the 2002
General Obligation Water Refunding Bonds. Based on the liquidation of this debt obligation, and operating
revenues related to oilfield water reclamation programs, additional funds are now available to repay the Sewer
Enterprise Fund. By accelerating the repayment of the remaining $1 million over the next five years, $192,000
will be saved in future interest on the loan.
Agenda Highlights
April 11 , 2007 \
Page 4
HEARINGS
Item 14a. A Resolution Establishinc Acricultural Preserve NO.1 Located at the Southwest Corner of Taft
Hichwav and Wible Road. .On October 24,2006, LAFCO approved an annexation of approximately 117-acre
parcel located at the southwest corner of Taft Highway and Wible Road that is currently under a Williamson Act
contract. It was necessary to include this area in the Wible No. 13 annexation in order to provide a necessary
link from the balance of the annexation area (south side of Pumpkin Center) to the existing City boundary.
Additionally, Public Works wanted this parcel included in the annexation to ensure all four corners of the Taft
Highway and Wible Road intersection were in the City.
Because the property owner intends to continue farming, the City must concede to the Williamson Act contract
by establishing an Agricultural Preserve. In addition to adopting the Preserve, the City is also required to adopt
rules governing the administration of the Preserve and rules related to compatible uses.
Approved:
Christine Butterfield . r Ill-
Assistant City Manager ~
cc: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: April 11 J 2007
AGENDA SECTION: Closed Session
ITEM: 4.0...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
March 26, 2007
SUBJECT: Public Employee Performance Evaluation - City Manager
Closed session pursuant to Government Code section 54957(b)(1)
APPROVED
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ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Presentations
ITEM:
DEPARTMENT HEAD
ATTORNEY
CITY MANAGER CI!J
SUBJECT: Presentation by Mayor Hall of Proclamation to Lupe Perez, Victim/Witness Probation
Supervisor, Kern County Probation Department, proclaiming April 22 - 28, 2007, as
"National Crime Victims' Rights Week".
FROM:
DATE:
Mayor Harvey L. Hall
March 29,2007
TO: Honorable Mayor and City Council
RECOMMENDATION:
BACKGROUND:
ndw
March 29, 2007, 3:33PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Presentations
ITEM: t1. h
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~IJ
SUBJECT: Presentation by Mayor Hall of Proclamation to Barbara Norcross, of the Golden Empire
Association of REALTORS, and Patricia Richter, of the Economic & Community
Development Department of the City of Bakersfield, proclaiming April, 2007, as "Fair
Housing Month".
FROM:
DATE:
Mayor Harvey L. Hall
March 29, 2007
TO: Honorable Mayor and City Council
RECOMMENDATION:
BACKGROUND:
ndw
March 29, 2007, 3:52PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Appointments
ITEM:
APPROVED
DEPARTMENT HEArLLl ~ /I- T
CITY ATTORNEY~
CITY MANAGER Ct6
SUBJECT: Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms
of Frederick Prince and Larry Koman, terms expiring April 22, 200:1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cle~
March 29, 2007
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of
Frederick Prince and Larry Koman, whose terms expire April 22, 2007.
Applications for appointment have been received from both Frederick Prince and Larry Koman.
The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven
(7) members, appointed by the Mayor and approved by the Council. Agency members must be registered
voters and residents of the City throughout the remainder of their term.
The agency transacts business and exercises its powers under Community Redevelopment Law.
Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall,
1501 Truxtun Avenue.
March 29, 2007, 3:18PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ...Q.
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAo:1<<\l.. ~ rt1
CITY ATTORNEY
CITY MANAGER tr8
SUBJECT: Approval of minutes of the March 19, 2007 Joint City/County Meeting and March 28, 2007
Regular Council Meeting.
Honorable Mayor and City Council
Pamela McCarthy, City Cle~
March 30, 2007
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kl
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: Il.b.
APPROVED
DEPARTMENT HEAD /'V"'.5
CITY ATTORNEY $.
CITY MANAGER fib
SUBJECT: Approval of department payments from March 16, 2007 to March 29, 2007 in the amount of
$10,330,482.51 and self insurance payments from March 16, 2007 to March 29, 2007 in
the amount of $196,471.74.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 29,2007
RECOMMENDATION:
Staff recommends approval of payments totaling $10,526,954.25.
BACKGROUND:
RAR
March 29, 2007, 3:58PM
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ADMINISTRATIVE REPORT
MEETING DATE:
April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM NO: IJ.. c-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
March 28, 2007
APPROVED
DEPARTMENT HEAD ~ k~
CITY ATTORNEYT-
CITY MANAGER
SUBJECT: First reading of an ordinance adding Section 17.04.367 (Large Retail Development definition),
17.04.502 (Retail Establishments definition), and 17.08.140 relating to architectural design
standards and criteria for large retail developments. (All wards)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The Planning Commission unanimously approved this ordinance on March 1, 2007.
The standards will apply to all new large retail developments throughout the city over 50,000 square feet as
either a single building or the combined size of multiple abutting buildings of a retail center. It will affect retail
development within all commercial zones, and other zones where the development permits retail commercial
development, such as industrial and recreation zones. The ordinance will also apply to expansions of existing
retail centers if their size increases 50 percent or more as a single expansion or cumulatively since the adoption
of this ordinance.
The standards will lessen the visual bulk of these centers and enhance the overall character of the community.
They also incorporate use of usable public open spaces and protected pedestrian ways to create a sense of
place and encourage walkability both internally in the center and from adjacent neighborhoods. The ordinance's
major features include the following:
· Architectural character and design - require building facades be broken visually with the use of
projections, recesses, variations in roof design, and use of contrasting colors and masonry features
(avoid flat walls over 100 feet in length).
. Require covered entries, windows, and pedestrian arcades along street frontages.
. Parking lot design - require parking areas to be screened from being the predominate street scene and:
to be divided into smaller sections with pedestrian walkways and buildings.
. Pedestrian circulation - require continuous landscaped pedestrian links throughout a center.
. Community Space - require public open spaces or focal points such as plazas and water features with
appropriate pedestrian links.
MIlICh 28, 2007, 11 :09AM
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ADMINISTRATIVE REPORT
page 2
This matter was initially introduced to the City Council's Planning and Development Committee in response to
City Council Referrals in 2003 and 2005 (#'s 374, 1145, & 1191). On October 3, 2003, staff outlined strategies
used by various cities to administer the development and architectural design of large commercial centers with
"big box" stores. On July 18, 2005, the Committee revisited this issue and they directed staff to draft
architectural design criteria for large retail developments for their review.
On October 17, 2006, the Committee received a copy of the draft ordinance and staff summarized the proposed
standards. Comments from Castle and Cooke, and Sierra Club were positive. The Committee recommended
no further changes and directed staff to present the amendment before the Planning Commission to hold a
public hearing and consider adoption of the ordinance.
Staff has included four minor amendments to the Commission's approval to address last minute comments from
Castle and Cooke's retail center professionals. Additionally, a noise consultant for a recently approved large
retail project recommended the last modification since it reflects a more realistic noise measurement based on
what is already occurring in an area. They noted that the 45db level would not be possible to achieve since two
people talking could exceed that noise level. These amendments are included in the attached ordinance and
staff recommends that the City Council give first reading of the ordinance.
Note: Additions show as underlined and deletions show as strikeouts:
Page 3, #2.d: an expression of architectural or structural bays through a change in plane no less than 12
inches in width, such as an offset, reveal or projecting rib, or other architecturallv accrocriate
feature.
Page5 #7: Primarv facade colors shall be low reflectance, subtle colors over primary, bold or dramatic
colors. The use of reflective metallic colors or fluorescent colors is discouraaed J:lr:et:1ibitod.
However, building trim and accent areas may feature brighter colors, including primary colors.
Paint applied over brick, stone and concrete is prohibited.
Page 6 #c: Where additional stores will be located in the large retail develocment ostablist:1ment, each such
store shall have at least one (1) exterior customer entrance, which shall conform to the above
requirements.
Page 9, #G.2: In addition to comcliance with the Noise Level Performance Standards Table in the Noise
Element of the Metrocolitan General Plan for exterior daytime/nighttime exterior noise levels,
other than trash removal by the city or its contractors, allloadina. unloading. deliverv. crivate
refuse collection and related etAeF operations shall not be permitted between the hours of 10:00
pm and 7:00 am adiacent to any land zoned or develoced with residential uses. These activities
may occur if unless the develocer apJ:lliooRt submits evidence to the city that sound mitigation
betwoon all ar:eas for sl::lst:1 19J:lomtions will reduce the noise oenerated bv such ocerations to less
than 3 dBA above the measured backoround noise levels to 46 EtB or less as meaSl:.lfOa at the
same ceriod for any three continuous minutes in any hour durino the oceration as measured at
the property line adjacent to said any IBREt zoReEt er ae'..eleJ:led 'Nith residential lands t:I6e6.
Evidence of comcliance must include background data (without the subiect eouicment oceratino)
at said crocertv line for the subiect ceriod. modelino results or test data from the crocosed
eouicment. or noise data oathered from a similar location if accroved bv the city.
March 28. 2007, 11 :09AM
S:\Danaladmln\2oo7\ApriLarge re/aN stds Admin Report - 1st reading. doc
ADMINISTRATIVE REPORT
page 3,
Staff sent copies of this ordinance to the Home Builders Association of Kern County (HBA - previously BIA), the
Association of Realtors, local chapter of the American Institute of Architects, Chamber of Commerce, Board of
Trade, Builders Exchange, Building Trades Council, Downtown Business Association, Smart Growth of Kem
County, Sierra Club and Kern County Planning. Additionally, staff met with the legislative committee of the HBA,
representatives of Castle and Cooke, Roger Mcintosh and Dave Dmohowski (representing Rosedale Ranch and
other commercial clients). Comments were minor and staff was able to incorporate most of the
recommendations into the final ordinance.
Public notice for the proposed project and environmental determination was also advertised as a 1/8th page
display advertisement in the Bakersfield Californian and posted on the bulletin board in the City of Bakersfield
Development Services Building; 1715 Chester Avenue; Bakersfield, California.
This project is exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of
Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section
15061 (b) (3), it can be seen with certaintythatthere is no possibility that adoption of the proposed ordinance will
have a significant affect on the environment.
Marc:h 28, 2007, 11 :23AM
S:lDanaladmin\2007\Apr\Large retaN stds Admin Report - 1st readlng.cIoc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 ,2007
AGENDA SECTION: Consent Calendar
ITEM: !cl.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEA~~ h rt;;.Crj
March 27, 2007 CITY ATTORNEY f/~'/Jld
CITY MANAGER tJf!J
First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No.104-18) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1 (One Family Dwelling) to R-1/PUD (One Family
Dwelling/Planned Unit Development) zone on 29.07 acres located at the southwest
intersection of City Hills Drive and Vineland Road (future). (ZC # 06-1829 - Mcintosh
and Associates, representing Mountain View Bravo, LLC and S&J Alfalfa) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
On February 15, 2007, the Planning Commission held an advertised public hearing on this zone
change request, and recommend adoption by the City Council. The zone change request consists of
changing the zoning from R-1 (One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Uhit
Development) zone on 29.07 acres. The site is proposed for development of a small lot, single family,
Planned Unit Development (PUD).
The PUD's preliminary development plan was approved by the Planning Commission on February 15,
2007. The PUD will contain shared driveways and will allow lots as small a 5,000 sq ft. No one spoke
in opposition to the project at the Planning Commission hearing. The zone change is within a portion of
Vesting Tentative Tract No. 6696. This tract was also approved by the Planning Commission on
February 15, 2007. The tract contains 139 single family lots, 1 landscape lot, a 2.5 acre private park,
and a 16.78 acre designated remainder. The park and designated remainder are situated on property
zoned R-2 (Limited Multiple-Family). The site is currently undeveloped.
Based upon the previously adopted City in the Hills Environmental Impact Report prepared for
Concurrent General Plan Amendment/Zone Change (GPA/ZC No. P99-0647) and the Negative
Declaration prepared for GPA/ZC No 05-1271 which covers the southern portion of the project site,
staff determined the proposed project will not significantly affect the physical environment or existing
residential development in the area. No further environmental review is necessary pursuant to CEQA
section 15162. A Notice of Determination was filed following the Planning Commission's approval of all
three projects.
Staff recommends approval of the zone change.
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: ll.e.
TO:
APPROVED
DEPARTMENT HEA~.h:, ~
JI) ) / / r
CITY ATTORNEY ji v )1 {>,~
CITY MANAGER CO
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section 9 1.12.040 by
adding Annexation Nos. 486 consisting of 106.66 acres, located north of Snow Road,
west of Allen Road, Annexation 495 consisting of 60.88 acres, located north of Reina
Road to Kratzmeyer Road, west of Allen Road, and Annexation 535 consisting of
82.25 acres, located south of Snow Road, west of Allen Road to Ward 4. (Ward 4)
Honorable Mayor and City Council
FROM:
Stanley C. Grady, Development Services Director
DATE:
March 29, 2007
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on March 28,2007.
This ordinance amends the ward boundaries to include Annexations 486, 495 and 535 into
corresponding Council ward. These annexations were approved by LAFCO recently.
Annexation No. 486 is located north of Snow Road, west of Allen Road. The 106.66 acre site is
undeveloped. The property owner proposes the development of 198 single family homes on the project
site. The property owner requested annexation for development purposes and to receive city services.
Annexation No. 495 is located north of Reina Road to Kertzmeyer Road, west of Allen Road. The
property consists of 60.88 acres. The property owner proposes to develop approximately 200 single
family residences on the 40 acre portion of the site and approximately 150 multi family residential units
are proposed for the 20 acre portion of the project site. The property owner requested annexation for
development purposes and to receive city services.
Annexation No. 535 is located south of Snow Road, west of Allen Road. The 82.25 acre site is
undeveloped. The property owner proposes the development of 285 single family residential units on
the project site. The property owner requested annexation for development purposes and to receive
city services.
S:\Annexation\Ordinances\Admin adopt 4-11-07 486, 495 & 535.DOC
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ. .+-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
! /'
ill/
(i '.-.-
March 28, 2007
J
SUBJECT: Resolution authorizing the filing of an application with the Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2007-08 ($141,392) to
be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year
(Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of
Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to
address transit problems. Golden Empire Transit and other transit service-oriented organizations have
been receiving these local transit funds to provide for the transportation needs within the City of
Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset
maintenance costs for the Bakersfield Amtrak Station.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site.
These Article 4 Transportation Development Act funds can be used to pay for those maintenance
activities. This Resolution authorizes staff to submit an application for those funds. The amount
requested for Fiscal Year 2007/08 totals $141,392.
G:\GROUPDA T\ADMINRPT\2007\04-11 \Amtrak TDA Funds.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: la.~.
u
TO: Honorable Mayor and City Council
March 16,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
Virginia Gennaro, City Attorney
SUBJECT: A Resolution Supporting State Assembly Bill 104 (Solorio) Concerning Access to Criminal
Records.
RECOMMENDATION:
The Safe Neighborhoods and Community Relations Committee recommends adoption.
BACKGROUND:
Current law prevents city attorneys that are not prosecuting criminal matters from having access to local
criminal history information. Such information is vital to ensure the success of drug or gang abatement
actions, as well as obtaining civil injunctions. Assembly Bill 104 authorizes city attorneys pursuing civil
injunctions, drug or gang abatements to have access to the much-needed criminal history information.
The Safe Neighborhoods and Community Relations Committee supports the passage of the bill and
recommends that the City Council support it also.
JS:js
March 20, 2007, 3:54PM
S:\COUNCIL\Admins\06-07 Admins\assemblybill1 04.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: u.. l\.
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER~1b
SUBJECT: A Resolution Supporting Senate Bill 456 (Feinstein> Concerning Gang Abatement and
Prevention.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 16, 2007
RECOMMENDATION:
The Safe Neighborhoods and Community Relations Committee recommends adoption.
BACKGROUND:
Gang activity has increased across the country. Gangs are becoming more sophisticated and are
crossing state lines to carry out their criminal activities. Gangs are actively recruiting juveniles to assist
them in these activities because juveniles are typically treated less harshly when they are convicted.
Senator Feinstein and other senators have drafted legislation (Senate Bill 456), known as "The Gang
Abatement and Prevention Act of 2007". Senate Bill 456 sets forth stricter penalties for crimes committed
by or in furtherance of gangs. The most important part of the legislation is the appropriation of over $500
million to help curb gang activity by way of gang-enforcement teams. The teams are made up of local,
state and federal law enforcement officers. There are additional multi-million dollar appropriations to help
hire prosecutors, investigators, etc.
Similar legislation was introduced in 2005, but no action was taken to move that bill forward.
The Safe Neighborhoods and Community Relations Committee supports the passage of the bill and
recommends that the City Council support it also.
JS:js
March 20, 2007, 4:02PM
S:\COUNCIL \Admins\06-07 Admins\senatebill456reso.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ... i .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 30, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNE
CITY MANAGER
SUBJECT: A resolution supporting the Kern Council of Governments (COG) Program of Projects
recommended for the State Transportation Improvement Program (STIP) Augmentation
Program.
RECOMMENDATION:
Staff recommends approval of resolution.
BACKGROUND: The voters in Kern County and the State of California approved Proposition 1 blast
November. Proposition 1b included $2 billion to augment projects currently in the STIP. On March 15,
2007, the KernCOG Executive Board unanimously approved their staff's recommendation for a program of
projects to submit to the California Transportation Commission for the STIP Augmentation Program. One
of the projects in this program is the Westside Parkway, for which $170.4 million of STIP Augmentation
funding is being requested. Combined with previously programmed funding, this new funding will provide
for the complete construction of the Westside Parkway. The Westside Parkway project will begin
construction in mid 2008 with the construction of Mohawk Street from Rosedale Highway to Truxtun
Avenue. Then the Westside Parkway itself will begin construction in mid 2009. This STIP Augmentation
funding will allow the project to be completed faster with less phasing.
March 30, 2007, 8:56AM
G:\GROUPDAnADMINRPT\2007\04-11\Reso supporting STIP augmentation. doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: \' "\ .
1,J . \ .
V
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
DATE:
March 30, 2007
CITY A TIORNEY
CITY MANAGER
SUBJECT: Resolution of City Council of the City of Bakersfield approving the application for grant
funds for Land and Water Conservation Fund for Reforestation in Central Park as an
element of the Mill Creek Linear Park Project in the amount of $150,000. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
City staff is applying for a development project grant from the Land and Water Conservation Fund (LWCF)
program. The $150,000 requested grant funds will provide reforestation of plant materials (trees, shrubs,
and ground cover) in Central Park upon completion of the widening of the Kern Island Canal and creation
of a pond and pedestrian plaza. The canal work will be done as part of the Mill Creek Linear Park project.
Grant guidelines require a resolution from the applicant's governing body to apply for the funds. The City
will partner with the Tree Foundation of Kern as well as other community organizations on this element of
the project to ensure maximum input and benefit to the community.
The purposes of the Land and Water Conservation Fund (LWCF) program are "to assist in preserving,
developing and assuring accessibility to all citizens of the United States of America of present and future
generations . . . such quality and quantity of outdoor recreation resources as may be available and are
necessary and desirable. . . by (1) providing funds for and authorizing federal assistance to the states in
planning, acquisition, and development of needed land and water areas and facilities, and (2) providing
funds for the federal acquisition and development of certain lands and other areas." (Section 1 (b) of the
Land & Water Conservation Fund Act of 1965, as amended, 78 Stat. 897)
The LWCF program, administered nationally by the National Park Service, provides funds to federal
agencies, the 50 states and 6 territories. Funds for the program come from federal recreation fees, sales of
federal surplus real property, federal motorboat fuels tax, and Outer Continental Shelf mineral receipts. The
money allocated to the states may be used for statewide planning, acquiring, and developing outdoor
recreation areas and facilities.
April 2, 2007, 5:02PM: r1j
R:\User_Projects\Recreation_and_Park\LWCF GranC2007\LWCF Admin_ 4-11-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ.. \l.
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD ,/J'c
CITY ATTORNEY ~
CITY MANAGER D(t)
SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Wards 1,3)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 29, 2007
1. Area 4-75 (Miramonte, 178 NE)
2. Area 4-76 (Morning, Mandarin N)
3. Area 5-35 (Planz, Coy S)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On March 28, 2007 the Council adopted Resolution of Intention No's. 1521, 1525 and
1526 to add the above territories to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and street landscaping. The areas will be under park and/or streetscape zones of
benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been
installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owners of the properties described above which
waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process, to satisfy the subdivision requirement. The. owners also
have submitted Proposition 218 ballots indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
April 11_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: I.;l.. \.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
i/L
....,
March 29, 2007
SUBJECT: Resolution of Intention No. 1528 to add territory, Area 2-34 (Tubac, White SE) 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 of Parcel
Map No. 11632 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 2-34 is generally bounded by White Lane on
the north, a line approximately 620 feet east of Tubac Lane on the east, Schirra Ct. on the south and a line
approximately 270 feet east of Tubac Lane on the west. This area will be under the park and streetscape
zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street
landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
March 29, 2007, 9:07AM
MD2-34Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: \ d.. . m .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 29,2007
APPROVED
/f:
DEPARTMENT HEAD . >'/ l"
[..'/' .
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1529 to add territory, Area 3-68 (Berkshire, Reliance SE) 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 owners of Tentative
Tract No. 6875 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 3-68 is generally bounded by Berkshire Road on the north,
a line approximately 1,320 feet west of Ashe Road on the east, McCutchen Road on the south and
Reliance Drive on the west. This area will be under the park and streetscape zones of benefit and will be
assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
March 29, 2007, 9:53AM
MD3-68Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: lcl. n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 29, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
"11:(1
f .~
SUBJECT: Resolution of Intention No. 1530 to add territory, Area 4-77 (Auburn, Fairfax NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6421 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-77 is generally bounded by a line approximately 1,330
feet north of Auburn Street on the north, a line approximately 1,980 feet east of Fairfax Road on the east,
Auburn Street on the south and a line approximately 1,320 feet east of Fairfax Road on the west. This
area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels
when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
March 29, 2007, 9:53AM
MD4-77Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ..D'
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
March 23, 2007
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Rio Bravo Heights, LLC, for Tract
5516 Phases 3 thru 6 located at the southeast corner of Vista Grande Drive and
De La Guerra Ter. (Ward 3)
2. Final Map with Lakshmana O. Arasu and Susila Arasu, husband and wife as joint
tenants for Tract 6254 located north off Brimhall Road and east of Jewetta Road.
(Ward 4)
3. Final Map with Beazer Homes Holding Corp., for Tract 6553 Phase 1 located at
the northeast intersection of Berkshire Road and Mountain Ridge Drive. (Ward 6)
4.. Final Map with Stuart Thomas INC., dba Lenox Homes, for Tract 6611 located
north off East Berkshire Road and East of South Union Avenue. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
March 26, 2007, 2:09PM
G:\GROUPDAl\ADMINRPT\2007\04-11\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: Il.D.
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
(fl-
, .
~
C/o
March 27, 2007
SUBJECT: Assignment of Agreement No. 04-142 with Bob Hooper to Clinton Bridges for ground lease
of Hangar Space B-10 at the Bakersfield Municipal Airport 0/Vard 1).
RECOMMENDATION:
Staff recommends approval of the Assignment of Ground Lease Agreement.
BACKGROUND: The Ground Lease Agreement for hangar space B-10 is currently with Bob Hooper.
Mr. Hooper desires to sell his hangar and assign his interest in the ground lease to Clinton Bridges. The
ground lease allows for this assignment and the $200 processing fee has been paid. The assignment will
transfer all terms of the ground lease to Clinton Bridges, including the monthly rent of $40.00.
(bbu)
April 3, 2007, 11:12AM
G:\GROUPDA T\ADMINRPT\2007\04-11 \Ground Lease Assignment.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: I . .
APPROVED
DEPARTMENT HEAD lr..../
CITY ATTORNEY ~
CITY MANAGER CI!J
SUBJECT: Relocation of East Niles Community Services District Waterline (Ward 3):
Honorable Mayor and City Council
Raul Rojas, Public Works Director
TO:
FROM:
DATE:
March 26, 2007
1. Reimbursement Agreement with the East Niles Community Services District
($550,000) for cost of utility relocation for the State Route 178 interchange project at
Fairfax Road.
2. Appropriate $550,000 other agency share to the Public Works Department Capital
Improvement Budget within the Thomas Roads Improvement Program Fund.
RECOMMENDATION: Staff recommends approval of the agreement and appropriation.
BACKGROUND: The State of California Department of Transportation (Caltrans) and the City of
Bakersfield have been working together to prepare documents for the construction of a new
interchange along State Route (SR) 178 at Fairfax Road.
East Niles Community Services District (ENCSD) owns and operates an existing 18-inch diameter
water line that is in conflict with the SR-178 and Fairfax Road project. The waterline will be relocated
from its current underground location, approximately 150 feet west of Fairfax Road, to a new location
within the new Fairfax Road overcrossing bridge structure.
East Niles Community Service District does not have adequate current reserves to pay for the
relocation of this waterline. The City will design and relocate the waterline as part of the SR 178 and
Fairfax Road project and the ENCSD will reimburse the City for the actual cost. The ENCSD will repay
the City over three years starting on December 1, 2007 until December 1, 2009 with three equal
payments equaling the total costs incurred by the City.
This agreement outlines the responsibilities of both the City and the East Niles Community Services
District and defines the reimbursement parameters.
The interchange construction is scheduled to begin later this summer.
March 29, 2007, 1 0:43AM
Tdw:G:\GROUPDA T\ADMINRPT\2007\04-11 \Reimbursement Agreement - (ENCSD).doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1;1.. Y".
TO:
Honorable Mayor and City Council
APPROVED
DEPARnMENTHEAD (12
CITY ATTORNEY ~
C/()
CITY MANAGER Jj?J
SUBJECT: Agreement with Arvin-Edison Water Storage District - License To Encroach On Right-Of-
Way, Colony Street Bridge. (Ward 7)
FROM:
Raul Rojas, Public Works Director
DATE:
March 27, 2007
RECOMMENDATION: Staff recommends approval of the license agreement.
BACKGROUND: In order to provide access to the area south of the Arvin Edison Canal, between SR 99
and South H Street, the developer of this commercial property is constructing a bridge in Colony Street
that will cross the Arvin-Edison Canal. This agreement between the City of Bakersfield and the Arvin-
Edison Water Storage District gives the City the right to construct and maintain a bridge over the Arvin-
Edison Canal. The developer is constructing the bridge and the roadway under a street permit.
mps
March 28, 2007,11 :24AM
G:\GROUPDAT\ADMINRPT\2007\04-11\Colony AE License.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ ,5.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/flr L
~
V'~
(If;
March 30, 2007
SUBJECT: Hosking Avenue Interchange at Highway 99 CNard 7):
1. Agreement with John Giumarra, Jr. and Terra Investments, Inc. to Expedite Design
Phase of Hosking Avenue Interchange.
2. Design Consultant Contract ($2,849,749.82) with Parsons for Engineering Services
for Project Approval and Environmental Documents Plans (PA&ED), and
Specifications and Estimate (PS&E).
RECOMMENDATION:
Staff recommends approval of agreements.
BACKGROUND: Subject 1. John Giumarra, Jr. and Terra Investments, Inc. own, or have options
on, property on the east side of Highway 99, north and south of Hosking Avenue. They are working with a
developer to construct a 1,000,000 square foot commercial center with restaurants, a hotel and several
anchor tenants on the property north of Hosking Avenue and east of Highway 99. The traffic associated
with such a large development will require an interchange to be constructed at Hosking Avenue and
Highway 99.
The interchange at Hosking Avenue and Highway 99 is currently on the City's list of interchanges to be
constructed, but was not slated to begin for five or six years. Giumarra and Terra have requested that the
City expedite the construction of the interchange to enable the potential anchor tenants of the commercial
center to be assured the interchange will be built when the center construction is completed and ready for
occupancy.
To ensure neither party is put at financial risk, staff has proposed working in phases. This agreement
covers Phase 1. In Phase 1, Giumarra and Terra will convey to the City property they currently own or
have the power to convey which is needed for the interchange (approximately 17 acres). In exchange, the
City will let the design consultant agreement. However, the design consultant will not be given a notice to
proceed with the design until escrow closes on the property being conveyed to the City.
Phase 2 contemplates Giumarra, Terra and the developer applying for all land entitlements and
environmental clearances needed for the development. As certain milestones are met by Giumarra, Terra
and the developer, the City will set aside set sums of money for the interchange construction. While the
entitlements are being processed, Giumarra and Terra will be working to acquire the other properties
needed for the interchange. As the properties are acquired by Giumarra and Terra, they will be conveyed
April 2, 2007, 2:23PM
C:\DOCUME-1 \glorenzi\LOCALS-1 \Temp\XPgrpwise\hoskinginterchange. doc
ADMINISTRATIVE REPORT
to the City. Giumarra and Terra will receive traffic impact fee credits for the value of the land conveyed in
Phase 2. Additionally, Giumarra, Terra and the developer will commission a revenue/job creation study.
linked to the development.
Phase 3 occurs if and when all entitlements and environmental clearances are received. At that time, the
City will request final approval of the interchange from Caltrans, bid the construction contract and the
interchange construction will begin.
This phasing of the project ensures that the City is not committing much-needed road construction dollars
prematurely.
Subject 2. In June 2006, California Department of Transportation (Caltrans) completed a Project Study
Report for a new interchange at Highway 99 and Hosking Avenue. In September 2006, the City issued a
Request for Technical and Fee Proposals for the PA&ED and PS&E for the interchange at Hosking
Avenue and Highway 99. The Request resulted in two submittals from qualified Design Consultants. After
evaluations of all submittals and fee proposals, staff recommends that this project be awarded to Parsons.
Typically, a Request for Technical and Fee Proposals would be issued for PA&ED and PS&E separately.
However, since time is of the essence to meet the developer's schedule, staff has recommended
combining the two phases into one agreement to expedite the project.
Sufficient funds are available to fund this contract.
April 2, 2007, 2:23PM
C:\DOCUME-1 \glorenzi\LOCALS-1 \ TempIXPgrpwise\hoskinginterchange.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: \J. t-.
March 29, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/€!:,
v(;-
CfJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
SUBJECT: Amendment No.1 to Agreement No. 04-236 with Borton, Petrini & Conron, LLP for legal
services for the acquisition of offsite real property interest (Masterson Street alignment) in
the amount of $75,000, with a total contract amount not to exceed $150,000.
(Ward 3).
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
This is a developer-initiated eminent domain matter. The developer, Mountain View Bravo, LLC, signed
an agreement with the City to pay for all costs of acquisition, including attorney's fees. These fees have
now surpassed the amount of the City's agreement with Borton, Petrini and this amendment will provide
funds for future billings. The developer pays all fees with no money expended by the City.
This Amendment No.1 to Agreement No. 04-236 would add $75,000 to the Not to Exceed Limitation on
compensation to result in a total Not to Exceed amount of $150,000.
RMS:lsc
March 29. 2007, 2:32PM
S:ICOUNCILlAdminsl06-07 AdminslAllyRtnrAgr04-236Amd1.BP&C.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: la. IA .
March 27,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V~
t/&,
(!(O
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
SUBJECT: Amendment NO.1 to Agreement No. 06-368 (formerly known as Agreement No. CA06-014)
with outside counsel, Clifford & Brown for legal services in the matter of John M. Tarabino,
et aI, KCSC Case No. S-1500-CV-257620-SPC adding the matter of Canyons, LLC, et
al v. The City of Bakersfield, S-1500-CV-260175-AEW.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
The City has a contract (Agreement No. 06-368) with Clifford & Brown to represent us in the
lawsuit filed against the City by the Tarabinos. There are several causes of action within the complaint,
but in general, the dispute involves Morning Drive.
A second lawsuit has been filed against the City by Canyons, LLC, and DKS Investments alleging
that their Tentative Tract Map Application was filed prior to the Amended Hillside Ordinance and therefore
is exempt from the Hillside Ordinance. Rather than prepare another contract with Clifford & Brown, the
City Attorney suggests that Agreement No. 06-368 be amended to allow Clifford & Brown to represent the
City in both matters since the lawsuit has similar facts and parties. At this time, Staff is not asking for
increased compensation or any other modifications to the Agreement; only to add this lawsuit to the scope
of work.
This Amendment NO.1 to Agreement No. 06-368 (formerly known as Agreement No. CA06-014)
would add the matter of Canyons, LLC, et al v. The City of Bakersfield to Agreement No. 06-368.
GG:dll
S:ICOUNCIL IAdminsl06-0 7 AdminslAltyAgr06-368Amd 1 .C&B. T arabino-Canyons .dol
March 28, 2007, 1:49PM
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ.. 1/.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD 4
CITY ATTORNEY ~.~. ~/11>
CITY MANAGER / tpJ
March 26, 2007
SUBJECT: Amendment NO.1 to Agreement No. 06-102 with Safeway Sign Company ($65,000.00,
revised not to exceed $130,000.00 and extending the term for one (1) year) for the Annual
Contract for Traffic Signs. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On April 26, 2006, Council awarded the Annual Contract for Traffic Signs to Safeway
Sign Company. The Agreement includes provisions for extension for additional one-year terms and price
escalation based on the Consumer Price Index or Producer Price Index, whichever is lower. City staff
and Safeway Sign Company agree to an extension of Agreement with a 1.4% price escalation based on
the Consumer Price Index. Extending the Agreement allows the City to continue working with a good
provider and saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendments\Safeway Sign Company. Annual Contract for Traffic Signs, 06-102, #1 , April 11 , 2007.doc
March 30,2007, 1 0:17AM
ADMINISTRATIVE REPORT
MEETING DATE: April 11 ,2007
AGENDA SECTION: Consent Calendar
ITEM: 1;1.. w.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
JtL
(,
t/C
~
March 22, 2007
SUBJECT: Subdivision Plan Checking Services:
1. Amendment NO.2 to Agreement 06-019 with Willdan ($300,000, total not to exceed
$480,000) to provide plan checking services.
2. Appropriate $300,000 additional plan check and construction inspection revenue to
the Public Works Department Operating Budget within the Development Services
Fund.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department continues to have a large
backlog of submittals for plan checking. The City had earlier hired Willdan for contract plan checking
services to help with this backlog. The City entered into Agreement No. 06-019 on January 25, 2006 to
provide plan checking services and amended it on June 6, 2006 to increase the compensation to continue
the service.
The current turn around time for plan checks is 8 weeks. The goal is 4 weeks or less.
This amendment to the Willdan agreement provides for continued plan checking services.
The total amount of this amendment is $300,000. This changes the current agreement amount of
$180,000 to a total amount of $480,000.
mps
April 2. 2007. 2:05PM
G:\GROUPDAT\ADMINRPT\2007\04-11\Willdan amend 2 to 06-019.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 ,2007
AGENDA SECTION: Consent Calendar
ITEM: lOt. ',( .
TO:
Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
l1G
l/G-
tkJ
DATE:
March 29, 2007
SUBJECT: Contract Change Order NO.1 to Agreement 06-260 with Griffith Company ($36,364.89
increase for a revised not to exceed amount of $1,617,945.89) for Akers Road At Grade
Rail Crossing (Ward 7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of Akers Road across the railroad tracks north of
Pacheco Road.
During the construction process, a Qwest fiber optic cable was discovered which conflicts with the planned
roadway. This fiber optic line must be relocated at the City's expense due to Qwest having prior rights in
this area. In order to expedite this process, the contractor has agreed to excavate and backfill the trench
needed for this relocation for the lump sum price of $17,288.73.
The block wall on the south side of Akers Road sustained damage from an apparent traffic accident. This
project includes raising the height of this wall in order to provide for minimum clearances. However, the
damage must be repaired in order for the height of this wall to be raised. The contractor has agreed to
repair this damage for the lump sum price of $8,385.
Asphalt concrete curbing (dike) needs to be placed on this project in order to enhance roadway safety.
Further, asphalt concrete needs to be placed temporarily in the wheel chair ramp areas of the intersection
of Pacheco Road and Akers Road. This is needed to provide temporary pedestrian access in this area
until the planned traffic signal can be placed at this intersection. The contractor has agreed to perform
these two items of asphalt concrete work for the lump sum price of $11,731.18.
After the award of this agreement, PG&E changed the point of electrical connection needed for the
railroad crossing arms. This results in the need to extend the conduit and wire needed for this power
connection. The contractor has agreed to do this additional work for the lump sum price of $11,166.50.
Several contract quantity items need to be either increased or decreased in order to construct the project
in accordance with the plans and specifications. Further, the quantity used for Contract Item no. 7
(Sawcut Asphalt Concrete Pavement) decreased by more than 25%. As such, the unit price for this must
be increased by $0.32 per lineal foot in accordance with the contract documents. The net cost of these
adjustments will result in a net savings of ($12,206.52). The actual adjustments are outlined in the
attached Change Order.
G:\GROUPDAT\ADMINRPT\2007\04-11\CCO 1 - Akers Rd at Grade Rail Crossing. doc
RM
ADMINISTRATIVE REPORT
This is the first contract change order to be submitted for this project. This change order will increase the
project total by $36,364.89 (which is an increase of 2.3% of the original contract amount) as illustrated
below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$1,581,581.00
$1,617,945.89
$ 36,384.89
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAT\ADMINRPT\2007\04-11\CCO 1 - Akers Ad at Grade Rail Crossing. doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1..1.V.
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 29, 2007
APpROVED
//;
DEPARTMENT HEAD ,/ J L
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 13, 14, 15, 16, 17, and 18 to Agreement 06-028 with Granite
Construction Company ($24,448.86 for a revised not to exceed amount of $6,477,921.86)
for the North Chester Avenue Bridge over the Kern River Replacement Project (Ward 3)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for demolishing and reconstructing the westerly bridge over the
Kern River on North Chester Avenue.
Change Order No. 13 provides for a pull box at the base of the existing electrical service pole on the
northeast side of the existing North Chester Bridge which was omitted from the plans. This pull box is
required to energize the non-metered service for the bridge lighting system. This change results in a net
increase of $1,000.
Change Order No. 14 provides for rebuilding an equestrian trail. During late spring of 2006, the Army
Corp. of Engineers ordered the release of water from Lake Isabella to offset a high snow pack melt and
concerns of the dam's integrity. The release of large volumes of water and corresponding high flow rates
over the summer ultimately inundated the project site and eroded the existing equestrian trail on the river's
north shore. The net cost of replacing this equestrian trail is $8,000.
Change Order No. 15 provides for the removal and replacement of curb, gutter and sidewalk. During
construction it was discovered that the existing roadway was substantially lower (8 inches) than the project
plans indicated. The new roadway must be lowered in order to provide a smooth match to the existing
roadway. This will result in having to remove and replace portions of the existing curb, gutter, sidewalk
and roadway. The net cost of this work is $11,295.
Change Order No. 16 provides for extending concrete barrier rail and chain link fence. During
construction, it became apparent the planned bridge barrier rail design and tie-ins to sidewalk, curb &
gutter, median curb, and metal beam guardrail could not be satisfactorily achieved. Therefore, the
concrete barrier rail must be extended to the end of the approach slab, which is the typical design for
these bridge elements. The extension will allow the construction of the approach slab, sidewalk, curb &
gutter, median curb, and metal beam guardrail to be installed as their individual standards dictate. The
cost of this work will total $1,814.
Change Order No. 17 provides for removing man-made buried objects from within the subgrade area.
While making subgrade on the south side of the river an old asphalt concrete roadbed was encountered.
G;\GROUPDA T\ADMINRPT\2007\04-11 \CCO 13-18 Agr 06-028.doc
SP
ADMINISTRATIVE REPORT
This material needs to be removed to provide for proper embankment fill. The net cost of this work will
total $2,000.
Change Order No. 18 provides for supplemental funds to pay for modifying the deck drain system as
outlined on Change Order No. 10. Due to rising construction costs, materials for this item of work cost an
additional $339.86 than previously anticipated.
The net cost increase of Change Orders 13 through 18 is $24,448.86. This provides a total cost increase
of $419,415.86 (which is a 6.9% increase from the original contract price) as illustrated below:
.
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$6,058,506.00
$6,477,921.86
$ 419,415.86
=
=
G:\GROUPDAT\ADMINRPT\2007\04-11\CCO 13-18 Agr 06-028.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: \J..1-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
DEPARTMENT HEAD 9J,f;t, ~
~'
CITY ATTORNEY
CITY MANAGER f/ff)
Accept bid and award contract to LOOP Electric Inc. ($269,471.81) for Traffic Signal and
Lighting System Installation at the Intersections of Columbus Street at University Avenue,
and Columbus Street at Wenatchee Avenue (Ward 3).
Raul Rojas, Public Works Director
March 29,2007
RECOMMENDATION: Staff recommends acceptance of low bid, and award of contract.
BACKGROUND: The project consists of two complete traffic signal and lighting system installations, and
reconstructing access ramps to meet current ADA requirements. This project is funded entirely with
Transportation Development Funds. Sufficient funds are available to award this contract.
On March 14, 2007, three bids were received as follows:
LOOP Electric Inc.
7040 Downing Avenue
Bakersfield, CA. 93308(County)
in the amount of
$269,471.81
TES Electrical Contractors, Inc.
5306 Aldrin Court
Bakersfield, CA 93313 (City)
in the amount of
$317,000.00
A-C Electric Company
315 30th Street
Bakersfield, CA 93301 (City)
in the amount of
$318,174.75
sl- pw/engineerin9 (T5K112 and T5K113)
March 30,2007, 10:07AM
G:\GROUPDAl\ADMINRPT\2007\04-11\TS Installation Columbus at University and Columbus at Wenatchee. doc
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: Consent Calendar
ITEM: \rl.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
March 30, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Haaker Equipment Company in the amount of $300,156.29 for one (1)
additional Jet Rodder Combo Truck. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: The City of Los Angeles issued a formal invitation to bid for jet rodder combo trucks and
seven bids were received in response to the solicitation. The bid was awarded to the low bidder, Haaker
Equipment Company, LaVerne, CA. The bid has provisions for other governmental agencies to piggyback
on the bid and the supplier has agreed to extend the bid price for truck to the City of Bakersfield.
Piggybacking on to the City of Los Angeles bid will allow the City to obtain equipment meeting the City's
requirements and save staff time and efforts required if this item were to be bid. Additionally, due the
quantity of trucks purchased by the City of Los Angeles, it is estimated that the City of Bakersfield will save
approximately $25,000 by piggybacking onto the City of Los Angeles bid. The truck will be used by the
Public Works Department Streets Division to maintain catch basins and sewer lines.
Purchasing Division
OW
S:\PURCHIADMINWet Rodder Combo Truck, Haaker Equipment Co., City of Los Angeles Piggyback, April 11 , 2007.doc
Created on 3/30/2007 9:50:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY :Jf-::...
CITY MANAGER Do
SUBJECT: Appropriate $1,000,000 Additional Water Revenue within the Agricultural Water Fund for
early re-payment of one half (50%) of the inter-fund loan made from the Sewer Fund for
emergency canal repairs.
Florn Core, Water Resources Manager
March 29, 2007
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: On October 30, 2003, City crews were dispatched to 19th and Oak Street because a
cave-in of the pavement due to the collapse of a corrugated metal culvert pipe. The seriousness of the
situation resulted in an emergency declaration by City Council to require immediate repair. Based on the
limited cash flow within the Agriculture Water fund at that time, the repairs were financed with a
$2,000,000.00 inter-fund loan from the Sewer Enterprise Fund. The loan was to be repaid over a seven
year payment period at a 4% annual interest rate. The first principal payment is scheduled to commence in
December 2007 which is one year after the final principal payment was made on the 2002 General
Obligation Water Refunding Bonds (formerly 1976 General Obligation Bonds). Additional water revenue is
available in fund balance based on the liquidation of the major bond debt obligation and from operating
revenues related to oilfield water reclamation programs. By taking this action now and accelerating the
repayment of the remaining $1,000,000.00 over the next five years we have the opportunity to save the
Agricultural Water Fund $192,000 in future interest expense on the loan.
March 30,2007, 10:53AMR - Water Resources
C:\Documents and Settings\mrandall\Desktop\0411 07Sewer loanrepaymenldoc
ADMINISTRATIVE REPORT
MEETING DATE: April 11 , 2007
AGENDA SECTION: Consent Calendar
ITEM: \;J . C1'~.
TO:
FROM:
Honorable Mayor and City Council
Alan Tandy, City Manager
Virginia Gennaro, City Attorney
APPROVED
April 3, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
V~
(}fJ
SUBJECT: Potential Removal of Fire Civil Service Commissioner Gentry/Acceptance of Resignation
RECOMMENDATION:
Staff recommends acceptance of the resignation.
BACKGROUND:
On March 28,2007, it was reported out of closed session that the City Manager was directed to place the
above-captioned matter on the City Council agenda for April 11 ,2007. This item of discussion arises out
of the written Opinion issued by Angela Healy in the matter of the personnel appeal by Robert Pratt
concerning alleged improper communications.
In the meantime, Mr. Gentry has tendered his resignation from the Fire Civil Service Commission effective
immediately, in the form of a written letter, a copy of which is attached. Therefore, Staff recommends that
Mr. Gentry's resignation be accepted and that the City Clerk be directed to open applications to fill the
remaining months of Mr. Gentry's term.
VG:lsc
Attachment
S:ICQUNC ILlAdminsl06-07 AdminsIResignation.Gentry.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 11, 2007
AGENDA SECTION: H~ri~
ITEM: \l\. C\ .
TO:
FROM:
DATE:
~onorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ ~ ,5C"'7
March 28, 2007 CITY ATTORNEY /--- / /~'d
CITY MANAGER tJ!;;
A Resolution Establishing Agricultural Preserve No. 1 (located at the southwest corner of
Taft Highway and Wible Road) and adopting rules governing the administration thereof.
(Ward 7)
SUBJECT:
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On October 24, 2006, LAFCO approved Annexation No. 506 to the City of Bakersfield. That area included
an approximately 117 acre parcel located at the southwest corner of Taft Highway and Wible Road that is
currently under a Williamson Act contract. The subject parcel is cultivated with irrigated row crops and has
been under a Williamson Act contract since February 27, 1969. It was necessary to include this area in
the Wible No. 13 annexation in order to provide a necessary link from the balance of the annexation area
(south side of Pumpkin Center) to the existing City boundary. Additionally, Public Works wanted this
parcel included in the annexation to ensure all four corners of the Taft Highway and Wible Road
intersection were in the City.
Because the property owner of the 117 acre parcel intends to continue farming, the City must succeed to
the Williamson Act contract. In order to succeed to the contract, it is necessary for the City to establish an
Agricultural Preserve and to adopt rules governing the administration thereof. Any land under a
Williamson Act contract must be within a preserve.
In addition to adopting the Agricultural Preserve (to be known as Agricultural Preserve No.1), the City is
also required to adopt rules governing the administration of the Agricultural Preserve and rules related to
compatible uses. Both sets of rules are attached to the resolution. The adoption of the resolution and the
procedures set forth therein are exempt from CEQA.
RMS:lsc
March 28. 2007. 11 :OSAM
S:\Dana\admin\2007\ApMgPreserveNo1.dot
SPECIAL MEETING
MINUTES OF THE
JOINT MEETING OF MARCH 19, 2007
BAKERSFIELD CITY COUNCIL
AND
KERN COUNTY BOARD OF SUPERVISORS
City Host
City Council Chambers
1501Truxtun Avenue
Special Meeting - 5:30 p.m.
ACTION TAKEN
1. INVOCATION by Father Michael Gilton, St. Paul's
Episcopal Parish.
2. FLAG SALUTE by Spencer LaFavor, 8th Grade Student
at Lakeside.
3. ROLL CALL
Kern County Board of Supervisors
Present:
Absent:
Supervisors McQuiston, Maben, Maggard,
Watson, Rubio
None
Bakersfield City Council
Present:
Absent:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Couch,
Weir, Hanson, Scrivner
Couch,Sullivan
5. OPENING REMARKS BY CHAIRMAN DON MABEN
4. OPENING REMARKS BY MAYOR HARVEY L. HALL
Bakersfield, California, March 19, 2007 - Page 2
6.
PUBLIC STATEMENTS
a. Roy Malahowski, Greater Bakersfield Legal
Assistance, Jacqueline Meares and Roberta Culp
spoke regarding traffic on E. Truxtun near the
Homeless Center.
b. Joseph Sanchez, Probation Commissioner for Los
Angeles County Supervisors, spoke regarding Stay
Focused.
c. Julie Coulthurst, Senior Health Specialist for
Healthnet and Chairperson of Get Moving Kern,
spoke regarding updating the Metropolitan General
Plan.
d. Mary Helen Barro, LaQuette Milner, Director of LQ's
Performing Arts Center, Mickey Sturdivant,
President and Founder of MASK, Oscar Anthony,
Pastor of St. Peter Restoration Christian Ministry,
David Goh, Senior Pastor Bakerfsfield Community
Church, Pastor Jehosaphate Jordan, Christ First
Ministry and Chairperson of Stop the Violence,
Manuel Carrizalez, Founder and Director of Stay
Focused who provide written material, Anthony
Ortiz, National League of Cities, Larry Luna,
Substance Abuse Counselor for the Juvenile
Treatment Facility Kern Crossroads Division,
Brian Weaver, Director of the Overcomers Program
in Los Angeles, Phil Rudnick and Minister Wesley
Crawford, People's Missionary Baptist Church,
spoke regarding gang violence and deterring that
violence.
7. BUSINESS ITEMS
A. Proposed Gang Violence Strategic Plan (Joint
Agenda Item) - CITY RECOMMENDS
RECEIVE AND REFER TO THE JOINT
CITY/COUNTY STANDING COMMITTEE
TO COMBAT GANG VIOLENCE AND
AFFECTED AGENCIES FOR COMMENT,
IDENTIFICATION OF COSTS AND
IMPLEMENTATION RECOMMENDATIONS.
ACTION TAKEN
Bakersfield, California, March 19, 2007 - Page 3
7.
BUSINESS ITEMS continued
Supervisor Rubio made comments regarding the
Strategic Plan and thanked City and County staffs, the
Kern County Network for Children, Tom Corson,
school leaders, religious leaders and the community
for their contributions in formulating the Plan. He
particularly emphasized the reliance of the Plan on the
religious community and referenced page thirteen of
the Plan to underscore this fact.
Motion by Supervisor Rubio, seconded by Watson,
to receive and refer to the Joint City/County
Standing Committee to Combat Gang Violence and
affected agencies for comment, identification of
costs and implementation recommendations.
Councilmember Carson thanked the committee
that worked on the Plan and made comments
regarding the City Ad Hoc Committee that
preceded the Joint Committee. Additionally, she made
comments regarding inclusion of the religious
community in the effort and thanked the media and
public for supporting the anti-gang effort.
Motion by Councilmember to receive and refer to
the Joint City/County Standing Committee to
Combat Gang Violence and affected agencies for
comment, identification of costs and
implementation recommendations.
Supervisor Watson thanked Supervisor Rubio,
Councilmembers Carson, Sullivan and Scrivner,
community organizations and faith-based
organizations for their efforts in this program.
Additionally he made comments regarding
financing of the anti-gang effort and maintaining
accountability for quality results.
Supervisor Maggard made remarks regarding the role
of the religious community in the anti-gang effort and
requested aid in articulating that role; additionally he
requested public assistance in measuring the success
of the effort.
ACTION TAKEN
APPROVED
APPROVED
AB COUCH,
SULLIVAN
Bakersfield, California, March 19, 2007 - Page 4
7.
BUSINESS ITEMS continued
Item 7.A. continued
Supervisor McQuistion made comments regarding
effective utilization of resources, the need for fresh
ideas in the anti-gang effort, the necessity of
establishing priorities and the financing of those
priorities.
Supervisor Maben thanked Supervisor Rubio and
Councilmember Carson for their efforts. Discussed
Chief Probation Officer John Roberts' early
intervention team that identifies at-risk youth.
Supervisor Rubio reiterated the necessity of
community input in anti-gang effort.
Mayor commended the City Council and Board of
Supervisors for their efforts and offered his services to
offer assistance in giving lectures or fireside chats to
any gang members or family members of gang
members.
B. South Beltway Alignment. (Joint Agenda Item) -
Hear City Staff Presentation by Public Works
Director Raul Rojas and County Staff
Presentation by Planning Director
Ted James and Roads Director Craig Pope.
City Public Works Director Raul Rojas and County
Roads Director Craig Pope made staff presentations.
C. Status Report regarding updating the
Metropolitan Bakersfield General Plan Review
(Joint Agenda Item) - Hear City Staff
Presentation by Planning Director Jim Movius
and County Staff Presentation by Planning
Director Ted James.
City Planning Director Jim Movius and County
Planning Director Ted James made staff
presentations.
Supervisor Watson requested the process be
expedited.
ACTION TAKEN
Bakersfield, California, March 19, 2007 - Page 5
7.
BUSINESS ITEMS continued
Item 7.C. continued
ACTION TAKEN
Supervisor Maggard requested staffs provide
projected mitigation costs, identify current sources of
funds and quantify the difference in those amounts so
the voters can be presented with a number when they
are asked to pay the cost. Additionally, he requested
staffs identify mechanisms that would allow
construction to proceed as soon as possible.
County Roads Director Craig Pope made comments
regarding Alternative 15 and other various road
projects.
Supervisor Maggard reiterated the necessity for
cooperation between the City and County in mitigating
problems created by new development.
Supervisor McQuiston made comments regarding
Alternative 15 and requested staff provide information
that can be used to formulate a new alternative within
sixty to ninety days.
Councilmember Benham made comments and asked
staff to comment on the viability of Alternative 15. Mr.
Rojas responded.
Councilmember Benham asked City Public Works
Director Raul Rojas questions regarding Alternative 15
Mr. Rojas responded.
Councilmember Benham requested both the Board
and Council be provided a progress report within
ninety days. City Manager Tandy responded.
Councilmember Scrivner requested information
regarding the process for increasing traffic impact
fees and suggested changing the parameters that are
driving up costs. City Manager Tandy responded.
Bakersfield, California, March 19, 2007 - Page 6
7.
BUSINESS ITEMS continued
D. Presentation and Status Report on Lake
Isabella Dam by the U. S. Army Corps of
Engineers. (City Agenda Item) - Hear City Staff
Presentation by Ronn Rose, Geologist & Dam
Safety Assurance Program Coordinator and
Calvin Foster, Area Manager of the Corps of
Engineers.
Flom Core, City Water Resources Manager,
introduced Ronn Rose, Sacramento District, U.S.
Army Corps of Engineers, who gave a computer
presentation and provided written material.
Supervisor Watson requested information regarding
the impact of the sixty-four percent reservoir capacity
restriction on the probability of failure for the dam,
the impact the restriction would make on the
projections of the inundation map and the necessity of
an evacuation plan for Bakersfield. Mr.Rose
responded.
Supervisor McQuiston requested information
regarding flow projections. Mr. Rose responded.
8. CLOSING COMMENTS BY BOARD MEMBERS AND
CITY COUNCILMEMBERS
Supervisor Watson stated correspondence was
received from the Golden Empire Association of
Realtors requesting the Board and Council review the
annexation process with LAFCO for the purpose of
streamlining; additionally he noted that he, along
with Supervisor Maben and Councilmember Couch,
are members of the LAFCO Board and they will
provide a report at a later date regarding how
streamlining might be accomplished.
Supervisor Watson requested staff report at the
next joint meeting regarding providing sewer
services at a reasonable cost to property owners.
Supervisor Watson requested the Board and
Council consider a joint interim report regarding
traffic issues.
ACTION TAKEN
Bakersfield, California, March 19, 2007 - Page 7
8.
CLOSING COMMENTS BY BOARD MEMBERS AND
CITY COUNCILMEMBERS continued
Supervisor Maggard thanked staff and Board/Council
members and reiterated willingness to hold a joint
public conversation regarding transportation.
Supervisor McQuistion thanked the City for the
hospitality and both staffs for efforts to assure a
successful joint meeting.
Council member Carson expressed appreciation for
public participation in the meeting and staff for the
report on the Isabella Dam.
Councilmember Benham thanked staff for the
preparation involved in the joint meeting, colleagues
for participation, and particularly Supervisor Rubio and
Councilmember Carson for their work on the Gang
Task Force. Additionally she noted the work done by
Councilmember Scrivner and Vice-Mayor Hanson last
week, with the cooperation of the County, regarding
transportation funding.
Councilmember Scrivner thanked the public and staff
for their participation in the meeting.
Councilmember Weir thank everyone involved in
making the joint meeting a success.
9. CLOSING COMMENTS BY CHAIRMAN DON MABEN
Supervisor Maben thanked the City staff and the Army
Corps of Engineers for their presentations.
10. CLOSING COMMENTS BY MAYOR HARVEY L. HALL
Mayor Hall thanked expressed appreciation to
everyone participating in the meeting.
ACTION TAKEN
Bakersfield, California, March 19, 2007 - Page 8
11. ADJOUNMENT
Mayor Hall adjourned the meeting at 8:22 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 28, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5: 15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
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. Wanda Grant, et al v City, et al
Kern County SUDerior Court Case No. S-1500-
CV-257611-SPC
2. Anthony Campbell, et al v City, et al
USDC Central District Case No. CIV-F-04-5585
AWl TAG
3. Thomas Teagarden v City, Bakersfield
Police Department, et al
USDC. Eastern District. Case No. 1 :07 -CV-
00054-AWI- T AG
4. Robert Pratt v City, et al
KCSC Case No. S-1500-CV-256401, KCSC
Case No. S-1500-CV-253264. RJA, and
KCSC Case No. S-1500-CV-259414-AEW
Bakersfield, California, March 28, 2007 - Page 2
4.
CLOSED SESSION continued
ACTION TAKEN
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(B) of Government Code
Section 54956.9 regarding appeal of personnel
action in the matter of Robert Pratt.
Motion by Vice-Mayor Hanson to adjourn the
meeting to Closed Session at 5:17 p.m.
APPROVED
Motion by Councilmember Benham to adjourn from
Closed Session at 6:57 p.m.
APPROVED
RECONVENED MEETING - 7:00 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Scrivner
Absent:
None.
6. INVOCATION by Pastor Victor Perez, Believers In Jesus
Ministries.
7. PLEDGE OF ALLEGIANCE by Karyssa Martinez, 6th Grade
Student at Bessie Owens Intermediate School.
Mayor Hall acknowledged a Bakersfield College political
science class and Boy Scout Troop 139, First Presbyterian
Church, in attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. Wanda Grant, et al v City, et al
Kern County SUDerior Court Case No. S-1500-
CV-257611-SPC
2. Anthony Campbell, et al v City, et al
USDC Central District Case No. CIV-F-04-5585
AWl TAG
NO REPORTABLE
ACTION
3.
Thomas Teagarden v City, Bakersfield
Police Department, et al
USDC. Eastern District. Case No. 1:07-CV-
00054-AWI-T AG
NO REPORTABLE
ACTION
A TTORNEY GIVEN
DIRECTION
Bakersfield, California, March 28, 2007 - Page 3
8.
CLOSED SESSION ACTION continued
Item 8.a. continued
ACTION TAKEN
4.
Robert Pratt v City, et al
KCSC Case No. S-1500-CV-256401, KCSC
Case No. S-150Q-CV-253264. RJA, and
KCSC Case No. S-1500-CV-259414-AEW
NO REPORTABLE
ACTION
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(B) of Government Code
Section 54956.9 regarding appeal of personnel
action in the matter of Robert Pratt.
CITY MANGER
GIVEN DIRECTION
City Attorney Gennaro announced Closed Session
would be reconvened at the close of the regular
Council meeting.
City Attorney Gennaro announced the City Council has
directed the City Manager's office to agendize the
potential removal of Fire Civil Service Commissioner
Gentry at the Council meeting of 4-11-07.
9. PRESENTATIONS
a. Presentation by Mayor Hall to Dr. B. A. Jinadu,
Director of Public Health Services, Kern
County Department of Public Health, proclaiming
April 2-8, 2007 as Public Health Week.
Dr. Jinadu accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to Judy
L. Normoyle, Ambassador for OneLegacy and
President, Kern Area Transplant Support Group,
proclaiming April, 2007, as National Donate Life
Month.
Ms. Normoyle accepted the Proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Debbie Moreno, on behalf of Greater Bakersfield
Vision 2020 Vision Force Committee, gave an
update regarding funding for City monument signs.
Councilmember Benham requested staff expedite
computation of the amount of funding needed for the
monument signs so the project can be completed.
b. Magdy Aboelghar and Gregory Lane spoke
regarding road safety on Truxtun Extension.
Bakersfield, California, March 28, 2007 - Page 4
10.
PUBLIC STATEMENTS continued
c. Roy Malohowski, Greater Bakersfield Legal
Assistance, provided written material and
spoke regarding traffic control near the Homeless
Center on Truxtun Avenue. Additionally Jacqueline
Meares, Roberta Culp and Rene Skinner spoke on
the same subject.
d. Jim Hankins spoke regarding poor re-paving on
Foxboro Ct.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 14, 2007 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from March 2,
2007 to March 15, 2007 in the amount of
$15,836,328.68 and self-insurance payments from
March 2, 2007 to March 15, 2007 in the amount of
$216,130.23.
Ordinances:
c.
First Reading of Ordinance amending Municipal
Code Section 1.12.040 by adding Annexation No.
486 consisting of 106.66 acres located north of
Snow Road, west of Allen Road; Annexation No.
495 consisting of 60.88 acres located north of Reina
Road to Kratzmeyer Road, west of Allen Road; and,
Annexation No. 535 consisting of 82.25 acres
located south of Snow Road, west of Allen Road to
Ward 4.
ACTION TAKEN
ASS WEIR
FR
Bakersfield, California, March 28,2007 - Page 5
12.
CONSENT CALENDAR continued
d.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map 123-2) of the Municipal Code by
changing the zoning from R-1 (One Family
Dwelling) and R-3 (Multiple Family Dwelling) to C-O
PCD (Professional and Administrative Office-
Planned Commercial Development) on .86 acres
located at the northwest corner of S. Real Road and
Elcia Drive. (ZC 06-2038) (Applicant: Stephen
Hawkins P.E.I Property Owner: Gartner Family
Trust)
Resolutions:
e. Assessment District No. 06-1 (Etcheverry/Lin
II/University Park):
f.
Resolution determining assessments
remaining unpaid.
Resolution authorizing issuance of bonds.
Resolution approving form and substance of
preliminary Official Statement and Bond
Purchase Contract, authorizing modifications
thereto and execution thereof, and
authorizing related documents and actions.
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
1.
2.
3.
g.
Resolution approving an application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 510
consisting of 126.68 net acres located south of Olive
Drive, west of State Freeway 99.
h.
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.
2.
Area 1-68 (Patton, Meany SW)
Area 3-45 (Panama, Buena Vista SE)
ACTION TAKEN
ORD 4425
RES 055-07
RES 056-07
RES 057-07
RES 058-07
RES 059-07
ASS WEIR
RES 060-07
RES 061-07
Bakersfield, California, March 28, 2007 - Page 6
12.
CONSENT CALENDAR continued
Item 12.h. continued
3.
Area 4-48 (College, Vineland SW)
Area 4-72 (Paladino, Vineland SW)
Area 4-73 (Miramonte, 178 SE)
Area 4-74 (Mt. Vernon, Columbus
SW)
Area 5-34 (Panama, Madison S)
4.
5.
6.
7.
Resolution of Intention No. 1521 to add territory,
Area 4-75 (Miramonte, 178 NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1525 to add territory,
Area 4-76 (Morning, Madarin N) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1526 to add territory,
Area 5-35 (Planz, Coy S) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
I. Allen Road II Planned Sewer Area:
i.
j.
k.
1.
Resolution of Intention No. 1471 to establish
the sewer plan for the Allen Road II
Planned Sewer Area and preliminarily
approving the cost and fee schedule and the
boundaries of the area.
First Reading of Ordinance amending
Section 16.32.060 of the Municipal Code
relating to sewer facilities.
2.
ACTION TAKEN
RES 062-07
RES 063-07
RES 064-07
RES 065-07
RES 066-07
RO/1521
RO/1525
RO/1526
RO/1471
FR
Bakersfield, California, March 28, 2007 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
m. Panama and Union Planned Sewer Area:
1. Resolution of Intention No. 1527 to establish RO/1527
the sewer plan for the Panama and
Union Planned Sewer Area and preliminarily
approving the cost and fee schedule and the
boundaries of the area.
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to sewer facilities.
n. Resolution of Intention No. 1523 to establish the RO/1523
drainage plan for the Revised Pioneer Planned
Drainage Area and preliminarily approving the cost
and fee schedule and the boundaries of the area.
Agreements:
o. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 07-086
with Rio Bravo Heights, LLC for Tract 5516 AGR 07-087
Phases 1 & 2 located at the southeast corner
of Vista Grande Drive and De La Guerra
Terrace.
2. Final Map and Improvement Agreements AGR 07-088
with KB South Bay, Inc. for Tract 6338 AGR 07-089
Phase 1 located at the southwest corner of
Paladino Drive and Vineland Road.
3. Final Map and Improvement Agreements AGR 07-090
with Lennar Homes of California, Inc. for AGR 07-091
Tract 6363 Unit 1 located north off Harris
Road and east of Old River Road.
4. Final Map and Improvement Agreements AGR 07-092
with Norris Road, LLC for Tract 6480 AGR 07-093
located at the southeast corner of Etchart
Road and Verdugo Lane.
5. Final Map and Improvement Agreements AGR 07-094
AGR 07-095
with Centex Homes for Tract 6491 Phase 1
located north off Taft Highway (Hwy 119)
east of Ashe Road.
p. Agreement with Kern Sanitation Authority granting AGR 07-096
the City an easement at the northwest corner of E. DEED 6654
Planz Road and S. Oswell Street for the Northeast
Bakersfield Sewer Trunk Line.
Bakersfield, California, March 28,2007 - Page 8
12.
CONSENT CALENDAR continued
q.
Agreement granting the County of Kern an
easement on the north side of Planz Road west
of Mt. Vernon Avenue for the Rexland Acres Sewer
Project.
Agreement with Gregory B. Bragg & Associates, Inc.
(total not to exceed $405,000 over three years) for
liability claim adjustment services.
ACTION TAKEN
AGR 07-097
DEED 6655
r.
AGR 07-098
s. Centennial Freeway (future):
1. Agreement with Bakersfield Redevelopment AGR 07-099
Agency ($1,000,000) for City to purchase DEED 6656
Agency owned property located to the east ASS COUCH
of P and Q Streets and south of the B.N.S.F.
railroad tracks for freeway right of way
requirements.
2. Appropriate $1,000,000 proceeds from the ASS COUCH
sale of land to the Southeast Redevelopment
Project Area, Low-Mod Housing Fund for
future land acquisition.
t. City v. North Kern Water Storage District, et al; City
v. Oildale Mutual Water Company; and, City v. City
of Shatter:
1. Agreement with Duane Morris, LLP, AGR 07-100
($250,000) for outside legal services.
2. Agreement with Clifford & Brown ($250,000) AGR 07-101
for outside legal services.
3. Appropriate $250,000 Ag Water Fund
balance and $250,000 Domestic Water Fund
balance to the Ag and Domestic Water
operating budgets.
u. Cooperative Agreement with California Department AGR 07-102
of Transportation (Caltrans) to reconstruct the
eastbound White Lane to the southbound State
Route 99 on-ramp.
v. Cooperative Agreement with California Department AGR 07-103
of Transportation (Caltrans) ($15,000,000) to
construct a new interchange on State Route 178 at
Fairfax Road and extend State Route 178 to a four
lane freeway for 1.75 miles.
Agreement with Lennar Homes of California, Inc. AGR 07-104
w.
(estimated traffic impact fee credit $5,717,648) for
improvements on Snow Road.
Bakersfield, California, March 28, 2007 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
x.
Agreement with Centex Homes to dedicate 1.70 net
acres of real property for Buena Vista Ranch Park
located at S. Allen Road and Hawksmoor Street.
AGR 07-105
y. Tradewinds Park located on Tropicana Drive and
Beach Rose Drive:
1. Agreement with Lennar Homes of California, AGR 07-106
Inc. to dedicate 2.08 net acres for park
purposes, acquisition ($549,100) and
development ($610,000).
2. Appropriate $549,100 Park Acquisition Fund
Balance from the Southwest Acquisition
- Zone 1 to the Recreation and Parks Capital
Improvement Project Budget.
z. Agreement with Northcutt and Associate ($50,000) AGR 07-107
for consulting services for developing a final work
program, preparing the Request for Proposal for the
environmental document, and coordinating the
update to the Metropolitan Bakersfield General Plan.
aa. Amendment No. 2 to Agreement No. 03-099 with AGR 03-099(2)
Aramark regarding concession services at the
Convention Center and Arena.
bb. Contract Change Order NO.1 to Agreement No. 07- AGR 07-023 CC01
023 with Masonry Contractor Installers, Inc.
($22,351; revised not to exceed $341,351) for
improvements of thin brick exterior fascia at 1600
Truxtun Avenue.
Bids:
cc. Water Meters:
1. Accept bid and award annual contract to AGR 07-108
Badger Meters (not to exceed $130,000) for
water meters.
2. Accept bid and award annual contract to AGR 07-109
Measurement Control Systems (not to
exceed $350,000) for water meters.
dd. Accept bid and award annual contract to Pavement AGR 07-110
Recycling Systems, Inc. <not to exceed $1,200,000)
for cold planing.
Bakersfield, California, March 28, 2007 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
ee. Adopt letter from the City Manager to the Kern
Council of Governments Board of Directors
regarding State Transportation Improvement
Program (STIP) Augmentation Funds as
Council Policy.
ff. Reclassification of Secretary II to Deputy City Clerk
in the City Clerk's Office.
Councilmember Weir announced he would abstain due
to conflicts of interest, source of income, on items
12.b. and 12.h.
Councilmember Couch announced he would abstain
due to conflicts of interest, client owns properly within
300', on items 12.s.1. and 12.s.2.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.ft.
APPROVED
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
Public Hearing to consider Resolution approving
and adopting an adjusted fee for the development
and improvement of parks within the City (proposed
3.3% increase based upon Construction Cost
Index).
RES 067-07
City Clerk McCarthy announced correspondence
was received from staff regarding the item.
City Clerk McCarthy announced correspondence
was received from Iva Fendrick in opposition to
approval of the Resolution.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:39 p.m.
Cassie Daniel, Executive Vice-President of the
Home Builders Association of Kern County, spoke in
support of the staff recommendation.
Hearing closed at 7:39 p.m.
Bakersfield, California, March 28,2007 - Page 11
14.
HEARINGS continued
Item 14.8. continued
ACTION TAKEN
Motion by Vice-Mayor Hanson to approve the
Resolution.
APPROVED
b.
Public Hearing to consider Resolution adopting fees
pursuant to the Cost Recovery System.
RES 068-07
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:42 p.m.
Cassie Daniel, Executive Vice-President of the
Home Builders Association of Kern County, spoke in
support of the staff recommendation.
Motion by Vice-Mayor Hanson to adopt the Resolution,
excluding the Public Works related Development Fees
outlined in the memo received from staff, and refer the
excluded fees to the Budget and Finance Committee for
further review.
APPROVED
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Couch announced that at the County
Board of Supervisor's Meeting yesterday
Supervisor Maggard called for an Emergency
Transportation Task Force, including two members of
the City Council, and indicated to the Vice-Mayor that
he would like to serve on that body.
Councilmember Couch requested staff respond to a
letter from County Planning Director Ted James
regarding the Metropolitan Bakersfield General Plan,
Western Roseda/e Specific Plan Amendment,
Environmental Impact Report and traffic issues.
Bakersfield, California, March 28, 2007 - Page 12
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Couch requested staff report on the
set-back requirements along 7'h Standard Road and the
consistency of those requirements with those of the
City of Shatter in force on the north side of the road.
Public Works Rojas responded and will provide more
information at a later date.
Councilmember Couch requested staff make every
effott to encourage N.O.R. Parks and Recreation
District to expedite building parks in Northwest
Bakersfield in order to obtain six million dollars in
park development fees that have been earmarked for
that purpose.
Councilmember Carson requested staff provide a
written report on the breakdown of park development
fees per region/zone.
Councilmember Carson made comments regarding the
Homeless Center and the fatal accident on Truxtun Avenue
the day after Thanksgiving.
Councilmember Benham expressed support for rapid action
regarding Supervisor Maggard's establishment of a Traffic
Task Force.
Councilmember Benham requested staff follow up on
crosswalk safety near the Homeless Center and
suggested April 26th for a meeting. date regarding the
issue; additionally staff to respond to a memo from Mr.
Malahowski regarding pedestrian activated buttons on
a lighted crosswalk system and provide updated
information on that system.
Councilmember Sullivan thanked Hall Ambulance for their
assistance during her mother's health crisis.
Additionally she expressed appreciation for the kindness
shown her family at the passing of her mother.
Vice-Mayor Hanson congratulated Mayor Hall, John
Enriquez and the Keep Bakersfield Beautiful Committee.
Vice-Mayor Hanson requested information regarding
maintenance of neon signs. Public Works Director Rojas
responded.
Mayor Hall made remarks regarding tomorrow's opening of
the International Terminal at Meadows Field.
ACTION TAKEN
Bakersfield, California, March 28, 2007 - Page 13
Motion by Vice-Mayor Hanson to adjourn the
meeting to back to Closed Session at 8:00 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 8:27 p.m.
19. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 8:31 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN