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BAKERSFIELD CITY COUNCIL
AGENDA
DECEMBER 12, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Labor Negotiator - Bill Avery; Closed Session pursuant to Government
Code Section 54957.6
b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue)
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Mike Osthimer, Calvary Chapel Westbrook.
7. ' PLEDGE OF ALLEGIANCE by Christopher Rees, 1 st Grade Student at Noble Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates to Youth from Calvary Chapel Westbrook.
b. Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Bryan K. McBride.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. Two appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of
Gonzalo Ramirez and Percy Robinson, terms expiring December 31, 2007.
Staff recommends Council determination
b. One appointment to the Police Civil Service Board, due to the expiration of term of William
Perry, term expiring December 31,2007.
Staff recommends Council determination.
c. One appointment to the Fire Civil Service Board, due to the expiration of term of Thomas
Edmonds, term expiring December 31,2007.
Staff recommends Council determination.
d. One appointment to the Board of Directors of the North Bakersfield Recreation and Park
District, due to the expiration of term of Stuart Patteson, term expiring December 31 , 2007.
Staff recommends Council determination.
(Ward 5)
(Ward 7)
(Ward 3)
(Ward 3)
(Ward 5)
11. APPOINTMENTS continued
e. One appointment to the Kern Mosquito and Vector Control District, due to the expiration of
term of Morris C. Mahlmann, term expiring December 31, 2007.
Staff recommends Council determination.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 28, 2007, Regular Council Meeting.
Payments:
b. Approval of department payments from November 16, 2007 to November 30, 2007 in the
amount of $1 0,983,928.~4 and self-insurance payments from November 16, 2007 to
November 30, 2007 in the amount of $215,506.89.
Ordinances:
c.
Adoption of Ordinance amending Section 17.06.010 (Zone Map No. 123-20) of Title
Seventeen of the Municipal Code by changing the zoning from M-2 (General Manufacturing)
to a PCD (Planned Commercial Development) on 73.53 acres located on the west side of
Gosford Road, between Pacheco Road on the north, and Harris Road on the south for
development of the Gosford Village Shopping Center (ZC 02-0030 - Castle and Cooke
California Commercial-CA, Inc.) (FR 11/28/07)
Adoption of Ordinance amending Section 17.06.010 (Zone Map No. 123-24) of Title
Seventeen of the Municipal Code by changing the zoning from MH (Mobile Home) zone on
36.94 acres and 0.58 acres from a C-2 (Regional Commercial) zone to a PCD (Planned
Commercial Development) (on a total of 37.52 acres) located on the east side of State Route
99 and north side of Panama Lane, for development of the Panama Lane Shopping Center
to allow development of the Panama Lane Shopping Center (ZC 02-0193 - Panama 99
LLC). (FR 11/28107)
d.
Resolutions:
Resolution preliminarily approving Engineer's Report and setting date for public hearing of
protests for Assessment District No. 07-2 (Sydney Harbour).
f. Resolution adopting the Investment Policy of the City.
e.
g.
Resolution approving an application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 571 consisting of 20.09 acres located on the
south side of Pioneer Drive and west of Vineland Road.
h. Education Reimbursement Program
1. Resolution adopting Education Reimbursement Program
2. Section 127 Educational Assistance Plan Document
i. Resolution supporting the Altamont Pass as the preferred route for the California High-Speed
Rail System alignment.
j.
Resolution adding Area 3-76 (Panama, Progress SE) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
2
City Council Meeting of 12/12//2007
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 3)
(Ward 3)
(Ward 3)
(Ward 5)
12. CONSENT CALENDAR continued
k.
Resolution of Intention No. 1578 to add territory, Area 1-80 (Calloway, Flushing Quail NE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
I.
Resolution of Intention No. 1581 to add territory, Area 1-81 (Renfro, Reina NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
m.
Resolution of Intention No. 1582 to add territory, Area 1-82 (Jewetta, Etchart SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
n.
Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Vista Montaire, LLC, for Tract 6137
Phase 3 located at the northeast corner of Paladino Drive and Masterson Street.
2. Final Map and Improvement Agreements with Elmer F. Karpe, Inc., for Tract 6310
located at the southeast corner of Valleyview Drive and Fairfax Road.
3. Final Map and Improvement Agreements with KB South Bay, Inc., for Tract 6338
Phase 2 & 3 located at the southwest corner of Paladino Drive and Vineland Road.
o.
Agreement with Vista Montaire ($547,200) to dedicate 5.03 total net acres of property in
Vesting Tentative Tract 6137 to the City for Grand Canyon Park, Park Staging Area, Access
Road and Hiking Trail purposes and the acquisition of 8.10 net acres of property for Grand
Canyon Park.
p. Agreement with Acclamation Insurance Management Services (AIMS) for workers'
compensation claims management services for contract year one ($299,715), contract year
two ($310,202) and optional third year ($321,059).
q.
Agreement with California Water Service Company granting a license for a multi-use path
across its property located north of Paladino Drive east of the alignment of Morning Drive.
r. Consultant Agreement with Krazan & Associates, Inc., ($458,128.75) to provide materials
testing services for Calendar Years 2008 and 2009.
s. Agreement with Hogan Guiney, Dick LLP, (total not to exceed $80,000) for outside legal
services in the matter of DKS Investments, LLC, et al v. City, KCSC No. S-1500-CV-259731
KCT; and Canyons, LLC, etc., et al v. City, KCSC No. S-1500-CV-260175 AEW.
t. Agreement with Kern County Soccer Foundation ($36,000) to sell surplus parks and
recreation materials and equipment.
u.
Construction of Old River Road between Pacheco Road and Campus Park Drive:
1. Reimbursement Agreement with Castle and Cooke California, Inc. ($1,000,000) for
construction of Old River Road between Pacheco Road and Campus Park Drive.
2. Appropriate $100,000 Transportation Development Fund Balance to the Public Works
Department's Capital Improvement Budget.
3
City Council Meeting of 12/12//2007
(Ward 6)
(Ward 4)
(Ward 2)
(Ward 3)
(Ward 1)
(Ward 3)
(Ward 7)
12. CONSENT CALENDAR continued
v.
Cooperative Agreement with California Department of Transportation (Caltrans) for Street
Improvements on the north half of State Route 119 from Gosford Road to Ashe Road.
Utility Agreement with Kern County Water Agency (not to exceed $2,000,000) to construct
box culvert at the Cross Valley Canal for the Allen Road Bridge at Kern River Project.
Amendment No.1 to Agreement No. 07-381 increasing total compensation to KS Fabrication
& Machine, Inc. ($26,276.25 not to exceed $94,279.10) and changing the project delivery
date for Mill Creek Linear Park Phase 1 Project..
w.
x.
y.
Amendment NO.1 to Agreement 07-304 with Security Paving Company, Inc. ($200,000) for
supplemental work required for the construction of State Route 178 (SR-178) and Fairfax
Road Interchange Project. (TRIP)
z. On-call Civil Engineering and Surveying Agreements to extend term by one year to
December 31,2008 (no change in not-to-exceed amounts):
1. Amendment NO.2 to Agreement No. 05-246 with Boyle Engineering
2. Amendment NO.2 to Agreement No. 05-247 with DMJM Harris
3. Amendment NO.2 to Agreement No. 05-248 with Harris & Associates
4. Amendment NO.2 to Agreement No. 05-249 with Meyer Civil Engineering
5. Amendment NO.2 to Agreement No. 05-250 with Parsons Transportation Group
6. Amendment NO.2 to Agreement No. 05-251 with T Y Lin
7. Amendment NO.2 to Agreement No. 05-252 with Willdan
aa. Amendment NO.2 to Agreement No. 06-335 with Muxlow Construction to include additional
services to qualified low-income residents under City's Home Access Program.
bb.
Amendment No.2 to Agreement No. 06-391 with Bradco Industrial Corporation ($400,000;
not to exceed $959,000 and extend term for one (1) year) for wood grinding and screening
for the Solid Waste Division.
cc.
Amendment NO.3 to Acquisition and Disclosure Agreement No. 05-285 to amend
Exhibit A requested by Blu S.K.Y. Homes, formerly Mountain View Bravo, LLC, pertaining to
Masterson Street in Assessment District No. 05-1, (City in the Hills).
Bids:
dd. Accept bid and award contract to Griffith Company ($6,018,734.00) to construct Northeast
Trunk Sewer - Phase 3: Edison Highway Extension (County).
Accept bid and award contract to Prime Demolition, Inc., ($53,730) for demolition and
improvements at 1900 and 2029 Hosking Avenue.
ff. Accept bid and award annual contract to Toter, Inc., (not to exceed the budgeted amount of
$297,000.00) for trash carts.
ee.
gg. Accept bid from Lenovo (United States), Incorporated, ($91,129.79) for replacement
computers and monitors.
4
City Council Meeting of 12/12//2007
(Ward 2)
(Ward 2)
(Ward 2)
(Ward 3)
(Ward 4)
(Ward 6)
12. CONSENT CALENDAR continued
hh. Accept bid from Iteris, Incorporated, ($105,662.70) for motion detection camera systems at
various traffic signal locations for the Public Works Department.
ii. Accept bid from Coastline Equipment ($240,497.64) for one additional diesel powered
hydraulic excavator for the Public Works Department.
jj. Accept bids from Wattco Equipment Incorporated ($35,156.66); 911 vehicle ($10,054.69);
and Adamson Police Products ($4,271.23) for lightbars, sirens and related equipment for
the Police Department. (Total of bids $49,482.58)
Miscellaneous:
kk. Appropriate $183,328.00 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating
Budget.
Staff recommends adoption of Consent Calendar items a through kk.
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution ordering the vacation of a portion of the 20-foot wide
alley between Q Street and R Street and south of 23rd Street. (Staff recommends adoption of
resolution.)
b.
Public Hearing to consider Resolution ordering the vacation of the 7.25-foot wide strip of land
on the Northeast corner of M Street and California Avenue and 0 Street between California
Avenue and 14th Street, and 13th Street between N Street and P Street, and P Street south of
13th Street and 198.41 foot long, and 20 foot wide alley north of California Avenue and
between N Street and 0 Street, and a 33 foot wide alley north of California Avenue and
between 0 Street and P Street. (Staff recommends adoption of resolution.)
c.
Public Hearing to consider Resolution ordering the vacation of a 20-foot alley in block 47 at
the southeast corner of Stockton Street and Monterey Street. (Staff recommends adoption of
resolution.)
d.
Public Hearing to consider Resolution ordering the vacation of a 20-foot wide Storm Drain
Easement southeasterly of Tract No. 6452, phase 2 and Highway 178. (Staff recommends
adoption of resolution.
Public Hearing to consider Resolution ordering the vacation of an 18-foot wide Waiver of
Direct Access on Jewetta Avenue north of Birchhaven Avenue. (Staff recommends adoption
of resolution.)
Public Hearing to consider Resolution ordering the vacation of a 20-foot wide Sewer Line
Easement at the southeast corner at the intersection of Stine Road and White Lane. (Staff
recommends adoption of resolution.)
g. Public Hearing to consider the proposed expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant. (Staff recommends approval of the
proposed expenditures and appropriations.)
e.
f.
1. Appropriate $621,509.00 State Grant revenues to the Police Operating
Budget within the S.L.E.S.F. Fund.
5
City Council Meeting of 12/12//2007
13. CONSENT CALENDAR HEARINGS continued
(Ward 4)*
h.
Public Hearing to consider Zone Change No. 07-1077; Jim Marino of Marino & Associates
has applied for a zone change on approximately 27acres, located generally south of
Hageman Road, west of Piedmont Avenue, and east of the Burlington Northern Santa Fe
(BNSF) railroad. An appeal of the Planning Commission's decision was submitted by Mr.
Marino. (Staff recommends continuance to January 16,2008.)
1. Resolution denying the appeal and approving the Zone Change from A (Agriculture
Zone) to M-1 (Light Manufacturing Zone) on approximately 10 acres, and A to E
(Estate Dwelling Zone) on approximately 17 acres.
14. HEARINGS
15. REPORTS
a. Sustainable Growth Implementation Measures (Stan Grady, Development Services Director)
b. Status of Transportation Projects (Raul Rojas, Public Works Director)
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
R:W.C.. ttu"lI!y submitted,
~~
tan Tandf?
City Manager
12/05/074:05 pm
. - upon annexation
6
City Council Meeting of 12/12//2007
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AGENDA HIGHLIGHTS
DECEMBER 12, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
CLOSED SESSION
There will be a conference with the labor negotiator, and a conference with legal counsel regarding one
case of potential litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
APPOINTMENTS
There will be two appointments to the Miscellaneous Civil Service Board; and one appointment each to the
Police Civil Service Board, Fire Civil Service Board, Board of Directors of the North Bakersfield Recreation
and Park District, and K~rn Mosquito and Vector Control District.
CONSENT CALENDAR
Resolutions
Item 12/. Resolution AdoDtine an Education Reimbursement Proaram. This item was first discussed by
Council on October 24, 2007, when it was then referred back to the Personnel Committee to discuss the
possibility of assigning a promissory note. On October 31, 2007, reference to a promissory note was
removed by the Personnel Committee by a vote of two to one. The majority of the Committee and staff are
recommending approval.
Aareements
Item 12v. Reimbursement Aereement with Castle and Cooke California. Inc. (CCCI) for Construction of
Old River Road between Pacheco Road and CamDus Park Drive in the amount of $1.000.000. On August
16, 2000, the City and CCCI entered into an Agreement wherein the City was obligated to construct the
west half of Old River Road from Pacheco Road to Campus Park Drive, and CCCI is obligated to construct
the east half of Old River Road within the same limits.
Due to unforeseen delays in obtaining approval for an at-grade railroad crossing on Old River Road, CCCI
constructed portions of the west half of Old River Road to provide access to an adjacent subdivision. Once
the City received approval of the at-grade crossing, CCCI was responsible to provide the remainder of their
obligation of street improvements including new pavement and concrete.curb, gutter, sidewalk and median
islands. The City desired CCCI to construct the City's obligation of Old River Road, including new
pav$ment and concrete curb, cutter, sidewalk and median islands. Combining the construction of the City's
obligated street improvements with CCCl's obligated street improvements provide a greater economy of
scale and provides a better finished product.
Item 12x. Utilitv Aereement wjth Kern Countv Water Aaencv to Construct a Box Culvert at the Cross
Vallev Canal for the Allen Road Bridee at Kern River Proiect in an amount not to exceed $2.000.000. The
original project included a small bridge over the Cross Valley Canal, as was desired by the owners of the
Canal, Kern County Water Agency (KCWA). In mid-October, KCWA suggested that a box culvert could
work at the crossing location, and it could be constructed while the canal flow is shut down from November
1, 2007 through February 29, 2008 for expanSion work. Constructing a box culvert in lieu of a bridge can
realize an estimated savings of more than $1 million. KCWA will contract for construction of the box culvert
and the City will reimburse them in an amount not to exceed $2 million.
Bids
Item 12dd. Award Contract to Griffith Comoany to Construct Northeast Trunk Sewer - Phase 3: Edison
HiehwayExtension (County) in the amount of $6.018.734. The City is constructing a sewer main east of
Wastewater Treatment Plant #2 in 3 phases. Phase 3 will continue east on Redbank Road, from Fairfax
Road to South Vineland Road, then north along South Vineland Road to Brundage Lane, which is
approximately three miles total length. Thirteen acceptable bids were received. Staff recommends
awarding the contract to Griffith Company.
CONSENT CALENDAR HEARINGS
Resolutions of Intention declaring the Intention to order the proposed vacations for Items
13a., b., c., e., and f. were adopted by the City Council on November 28, 2007. To date, no
objections have been received.
Item 138. Public Hearine to Consider a Resolution Orderine the Vacation of. a Portion of the 20 Foot
Wide Allev Between "a" Street. and "R" Street and South of 23rl1 Street. The property owner, CBP
Properties LLC, requested the vacation for better access to the existing building.
Item 13b. Public Hearine to Consider a Resolution Orderine the Vacation of the 7.25 Foot Wide Strio of
Land on the Northeast Corner of "M" Street and California Avenue. "0" Street Between California Avenue
and 14m Street. 13m Street Between "N" Street and "P" Street. "PH Street South of 13m Street and 198.41
Foot Lone. and 20 Foot Wide Alley North of California Avenue and Between "N" Street and "0" Street. and
a 33 Foot Wide Alley North of California Avenue and Between "0" Street and "PH Street. The property
owners, Maya Cinemas North America Inc., Sivers Bakersfield Inc., Sivershousing Bakersfield Inc., and the
City are requesting the above mentioned vacations in order to develop the area as a commercial center.
Item 13c. Public Hearina to Consider a Resolution Orderina the Vacation of a 20 Foot Alley in Block 47
at the Southeast Comer of Stockton Street and Monterey Street. The property owner, Pace Diversified
Corporation, requested the vacation so that the property can be developed as a warehouse and work area.
The owner wants to build a fence to stop illegal dumping and vandalism, and is willing to keep the alley as a
utility easement.
Item 13d. Public Hearina to Consider a Resolution Orderina the Vacation of a 20 Foot Wide Storm Drain
Easement Southeasterly of Tract No. 6452. Phase 2 and Hiahway 178. The property owner, MVB
Ventures, LLC, requests the vacation. The easement was established prior to the construction of
improvements to the Breckenridge PDA and is no longer needed. The area is currently being developed as
part of the City in the Hills single- family homes. A Resolution of Intention declaring the intention to order
the vacation was adopted by the City Council on November 7, 2007.
Item 13e. Public Hearine to Consider a Resolution Orderina the Vacation of an 18 Foot Wide Waiver of
Direct Access on Jewetta Avenue North of Birchhaven Avenue. The property owner, Natalie Castillo,is
requesting the removal of a portion of the waiver of direct access on Lot 11 adjacent to Jewetta Avenue to
accommodate a driveway. A workshop is proposed and access to the workshop will be from Jewetta
Avenue. The properties to the north and across the street also have access from Jewetta Avenue.
Item 131. Public Hearine to Consider a Resolution Orderine the Vacation of a 20 Foot Wide Sewer Line
Easement at the Southeast Comer al the Intersection of Stine Road and White Lane. The easement was
established before the construction of the improvements and the development of the area and was not
being utilized. This sewer easement is no longer needed.
Item 13g. Public Hearine to the Prooosed Exoenditure Plan for the Suoolemental Law Enforcement
Services Fundine (S.L.E.S.F.) Grant. This year, the City is eligible to receive $621,509. Staff requests
approval to use the funds to purchase computer equipment, digital transcribing and photo management
equipment and off-road patrolling motorcycles.
December 12,2007 Agenda Highlights
Page 2
Item 13h. General Plan Amendment and Zone Chance on Aooroximatelv 27 Acres. Located Generallv
South of Haaeman Road. West of Piedmont Avenue. and East of the Burlincton Northern Santa Fe (BNSFl
Railroad. Jim Marino, of Marino & Associates, proposes development of 10 acres of light industrial along
Hageman Road, and a maximum of 68 single-family homes on the %-acre lots on the southern 17 acres of
the property. The applicant is also requesting annexation.
Area property owners generally adjacent to the east of the property expressed concerns regarding traffic
associated with the proposed development, specifically mentioning the Allen Road/Hageman Road
intersection to the westofthe property.
The Planning Commission voiced concerns regarding transportation infrastructure, and more specifically the
planned separation of grade at the intersection of Hageman Road and the BNSF railroad, and the
intersection of Hageman and Allen Roads to the west of the project site. The Planning Commission
recommended an associated condition regarding the timing of the proposed development with the
aforementioned improvements. Subject to this condition, the Planning Commission recommended approval
to the City Council on October 18, 2007. The applicant is protesting this condition. Staff supports the
recommendation of the Planning Commission and recommends denying the appeal.
At the request of the applicant, this item will be continued to January 16, 2008.
REPORTS
There will be two reports: 1) Sustainable Growth Implementation Measures by Development Services
Director Stan Grady; and 2) Status of Transportation Projects. by Public Works Director Raul Rojas.
Approved:
Alan Tandy, City Manager
cc: DeparunentHeads
City Manager's File
City Clerk's Office
News Media File
December 12, 2007 Agenda Highlights
Page 3
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Closed Session
ITEM: 4.. a.., f'4' h .
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
December 5,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 1.
Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
2. Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section
54956.9. (One issue)
GG:dll
S:ICQUNC ILICI SesslAdminsl07 -081 12-12-07LaborNegPolLil.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
TO:
FROM:
DATE:
AGENDA SECTION: Presentations
ITEM: q. a...,
Honorable Mayor and City Council
Mayor Harvey L. Hall
November 28,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificates to Youth from Calvary Chapel
VED
RECOMMENDATION:
BACKGROUND:
ndw
November 28, 2007, 11 :29AM
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ADMINISTRATIVE REPORT
MEETING DATE: December 12. 2007
AGENDA SECTION: Presentations
ITEM: qp b
TO: Honorable Mayor and City Council
FROM:
DATE:
Javier Lozano, Human Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 26, 2007
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to B' an K.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Bryan K. McBride Fire Captain with 29 years of service to the City of Bakersfield.
P:\DOCSlAdmin Report Retiree Presentations Me Bride.doe 11/20/2007
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Appointments
ITEM: /I, a:. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
November 30, 2007
DEPARTMENT HEAD K
CITY ATTORNEY
CITY MANAGER
I
SUBJECT: Two appointments to the Miscellaneous Civil Service Board, due to the expiration
of terms of Gonzalo Ramirez and Percy Robinson, terms expiring December 31, 007.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Miscellaneous Civil Service Board due to the expiration of terms
of Gonzalo Ramirez and Percy Robinson, whose terms expire December 31, 2007. The news
release for this recruitment was posted on November 2,2007.
Applications have been received from the following:
. Gonzalo Ramirez
· Percy Robinson
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00p.m., in the City Council Chambers, City Hall, 1501 Truxtun Avenue,
Bakersfield.
S:\Bds&Comm\MISCCS\admin Dee 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Appointments
ITEM: If. b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
CITY MANAGER
Pamela A. McCarthy, City Clerk
November 30, 2007
I
SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of term
of William Perry, term expiring December 31,2007.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of William
Perry, whose term expires December 31, 2007. The news release for this recruitment was posted
on November 2, 2007.
Two applications for appointment have been received from the following:
. William Perry
· Ronald Wolfe
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601
Truxtun Avenue, Bakersfield.
November 30, 2007, 2:40PM
S:\Bds&Comm\POLlCE\admin 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Appointments
ITEM: /t. c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
November 30, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
T"
SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of te
of Thomas Edmonds, term expires December 31 , 2007.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of Thomas
Edmonds, whose term expires December 31, 2007. The news release for this recruitment was
posted on November 2, 2007.
Two applications for appointment have been received from the following:
· Thomas Edmonds
. Ronald Wolfe
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
council member regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield.
November 30,2007,2:41 PM
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ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Appointments
ITEM: II.a,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
November 30,2007
.r
CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment to the Board of Directors of the North Bakersfield Recrea on a d
Park District, due to the expiration of term of Stuart Patteson, term expiring December 31,
2007.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Directors of the North Bakersfield Recreation and
Park District due to the expiration of term of Stuart Patteson, whose term expires December 31,
2007. The news release was posted on November 2,2007.
One application has been received from the incumbent Stuart Patteson.
The five member District Board has the responsibility of providing the District with clearly
defined goals and objectives in support of its mission; to provide and maintain an adequate
program of recreation activities and a system of areas and facilities designed to support them;
and to establish rules and regulations governing internal organization and operation. City
representatives are nominated and appointed by the full Council, and must be a resident of the
City and the District throughout the four-year term.
Meetings are held on the third Monday of each month at 5:30 p.m., at the District Office, 405
Galaxy Avenue.
S:\Bds&Comm\NBR&P\admin Jan 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Appointments
ITEM: I I, t:>. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
November 30,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
J
SUBJECT: One appointment to the Kern Mosquito and Vector Control District, due to t
of term of Morris C. Mahlmann, term expiring December 31,2007. '
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Kern Mosquito and Vector Control District due to the expiration
of term of Morris C. Mahlmann, whose term expires December 31, 2007. The news release
was posted November 2,2007.
An application for appointment has been received from Morris Mahlmann.
The primary objective of the Kern Mosquito and Vector Control District is the elimination of
mosquito-breeding areas by way of educational services, various control measures and
abatement procedure methods when necessary. Members are nominated and appointed by the
Council of each respective participating City. Members shall be an elector of the City and a
resident of that portion of the City which is within the Kern Mosquito and Vector Control District
throughout their 2-year term.
All applicants have been encouraged to contact each City Councilmember regarding their
interest and qualifications. Meetings are held the second Wednesday of each month at 11 :30
a.m. at the District Office, 4705 Allen Road, Bakersfield.
S:\Bds&Comm\KMVC\admin 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: / d, a...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
November 30,2007
APPROVED
DEPARTMENT HEAD~r PII<</JfT
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the November 28, 2007 Regular Council Meeting. ,
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 30, 2007
SUBJECT: Approval of department payments from November 16, 2007 to Novembe('30, 007 in the
amount of $10,983,928.54 and Self Insurance payments from November 16, 2007 to
November 30,2007 in the amount of $215,506.89.
RECOMMENDATION:
Staff recommends approval of payments totaling $11,199,435.43.
BACKGROUND:
RAR
November 30, 2007, 11:52AM
S:\Richard\AP\ADMI N-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: / ~ . f'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 29, 2007
APPROVED
DEPARTMENT HEAD ~
VC'-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Section 17.06.010 (Zone Map No. 1 -20 of Title
Seventeen of the Municipal Code by changing the zoning from M-2 . General
Manufacturing) to a PCD (Planned Commercial Development) on 73.53 acres located on
the west side of Gosford Road, between Pacheco Road on the north, and Harris Road
on the south for development of the Gosford Village Shopping Center (ZC 02-0030 -
Castle and Cooke California Commercial-CA Inc., Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 28, 2007. Also on November 28th, the City
Council certified the Gosford Village Shopping Center Final EIR, adopted Findings of Fact and
Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as well
as approved the related general plan amendment.
Castle and Cooke Commercial CA, Inc. proposes to change the General Plan Land Use Element from
SI (Service Industrial) to a GC (General Commercial) designation. A concurrent zone change would be
required to change the project site designation from M-2 (General Manufacturing) to a PCD (Planned
Commercial Development) on 73.53 acres located west of Gosford Road, between Pacheco and Harris
Roads. The proposed 700,000 square feet (maximum) development of a retail commercial shopping
center includes 23 pads for tenants of various major retail, fast food, and commercial retail uses, as
well as a gas station. The project is anticipated to be anchored by seven major retail tenants, including
Sam's Club, Kohl's Department Store, and a Wal-Mart Supercenter. The four remaining major retail
tenants are not known at this time. The seven major retail tenants will encompass 582,913 sq ft.
The project applicant, Castle and Cooke California Commercial-CA Inc, and the applicant for a similar
but smaller proposed shopping center, located 3.6 miles east of the proposed Gosford Village Shopping
Center, applied in early 2002 for project approvals, associated Zone Changes and General Plan
Amendments for each of their respective properties. The other project was, and is known as the
Panama Lane Shopping Center. Separate EIRs were prepared for each development project. The City
Council certified both EIRs, approved the projects, and approved the associated General Plan
Amendments and Zoning Changes in February 2003. Construction commenced on both project sites
soon thereafter. These approvals were challenged in litigation and ultimately, in Bakersfield Citizens for
ADMINISTRATIVE REPORT
Page 2
Loca/ Control v. City of Bakersfie/d, the Fifth District Court of Appeal invalidated the 2003 EIR and the
General Plan Amendment and Zone Change.
In late 2002, the Planning Commission heard public testimony from six people in opposition to the
project that consisted of concerns of lighting, noise, air pollution, traffic and economic impact. The
applicant spoke in favor of the project. The Planning Commission voted unanimously to recommended
approval of the project. In early 2003 the City Council heard testimony in opposition from Richard
Harriman, representing Bakersfield Citizens for Local Control (BCLC) and two other individuals. The
applicant and two other individuals spoke in favor of the project.
The Planning Commission conducted a public hearing on this project on September 17 and 20, 2007,
and recommended approval to the City Council. Two people spoke in opposition to the project. Renee
Nelson cited concerns with the Air Quality Agreement with the San Joaquin Valley Air Quality District,
and urban decay study. Michael Jennings, employee of Albertson's stated the wages compared to Wal-
Mart are not comparable to Wal-Mart and does not offer a lot of their employees healthcare. Nine
individuals, including the applicant, spoke in favor of the project. Several of these speakers liked the
competitive prices of Wal-Mart, and wanted to have the opportunity to shop there. A Wal-Mart
employee stated that she received health benefits for her operation through Wal-Mart. The Commission
voted unanimously to recommend approval of the project. Correspondence from Attorney Stephen A.
Herum dated September 18, 2007, was received as is attached. Mr. Herum's law firm represented
Bakersfield Citizens for Local Control in the pending litigation and states BCLC has not contacted him
to represent BCLC on this application.
The FEIR consists of 15 volumes (approximately 17,000 pages) and two of the volumes include three
cds with air quality model runs. The three cds contain approximately 47,000 pages. The 15 volumes
and three cds provide an extensive environmental analysis of the proposed project. At the direction of
the Court of Appeal, the FEIR specifically addressed the following issues: Urban Decay; Cumulative
Impacts; Correlation of Adverse Air Quality Impacts to Resulting Health Impacts; Obstruction of
Implementation of the Air Quality Attainment Plan; and Railroad Spur. In addition, the FEIR provided
extensive analysis regarding land Use; Aesthetics (Visual/Light/Glare); Biological Resources; Cultural
Resources; Hazards/Hazardous Materials; TrafficlTransportation; Air Quality; Noise; HydrologylWater
Quality; Agricultural Resources; Public Utilities/Services; and Population/Housing. Mitigation Measures
are proposed that reduce impacts to less than significant levels, except for three impacts discussed
below. The applicant agreed to all conditions and mitigation measures for the project.
If the City Council decides to approve the projects, adoption of a Statement of Overriding
Considerations would be necessary for the following impacts that can not be mitigated to a less than
significant level: (1) cumulative impacts to twelve roadway segments and eleven intersections forecast
to operate at deficient levels of service at the cumulative year, 2030 time horizon; (2) a possible short-
term violation of the applicable air quality standards for PM2.5 and PM10 that occurred in 2003 during a
very short period as a result of extensive grading operations that occurred on the site at that time; and
(3) substantial increases in project generated noise at two roadway segments: Harris Road between
Old River Road and Progress Road in 2008, 2012 and 2030, and Gosford Road between Pacheco
Road and Panama Lane in 2030. There are no additional feasible mitigation measures that exist to
mitigate the remaining identified significant and unavoidable traffic and noise impacts, and there are no
feasible mitigation measures that exist that can undo past activities that potentially caused a significant
and unavoidable short-term air quality impact. Therefore, the City Council would be required to balance
the economic, legal, technological and other benefits of the proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the proposed project's
benefits outweigh the unavoidable adverse environmental effects, the effects may be considered
"acceptable" and the City Council may adopt a Statement of Overriding Considerations pursuant to
ADMINISTRATIVE REPORT
Page 3
CEQA Guidelines Sections 15091 and 15093, stating the specific reasons for approving the proposed
project despite its unavoidable significant environmental effects.
CONCLUSION:
The project is consistent with the policies of the General Plan by providing for commercial development
to compliment the expanding residential neighborhoods in the vicinity. The FEIR has been prepared in
accordance with CECA Guidelines and the direction of the Court of Appeal. Therefore, staff
recommends certification of the FEIR, adoption of the Findings of Fact, adoption of the Statement of
Overriding Considerations adoption of the Mitigation Monitoring and Reporting Program and approval of
the project subject to mitigation measures and conditions of approval.
Jeng I S:\GV\CC\2nd read GV Adm Rpt.DOC
November 29. 2007
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: I;), cL
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
~
VI
November 29, 2007
CITY ATTORNEY
CITY MANAGER
Adoption of ordinance amending Section 17.06.010 (Zone Map NO.~-24) of Title
Seventeen of the Municipal Code by changing the zoning from MH (Mobile Home)
zone on 36.94 acres and 0.58 acres from a C-2 (Regional Commercial) zone to a PCD
(Planned Commercial Development) (on a total of 37.52 acres) located on the east
side of State Route 99 and north side of Panama Lane, for development of the
Panama Lane Shopping Center to allow development of the Panama Lane Shopping
Center. (ZC 02-0193 - Panama 99 LLC, Ward 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 28,2007. Also on November 28th, the City Council
certified the Panama Lane Shopping Center Final EIR, adopted Findings of Fact and Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as well as approved the
related general plan amendment.
Panama 99 LLC proposes to change the General Plan Land Use Element Amendment designation from
LR (Low Density Residential) on 33.94 acres and OS-P (Open Space-Park) on 3 acres to a GC (General
Commercial) designation. There is currently 0.58 acre in the southeast portion of the site that has a
general plan designation of GC (General Commercial). A concurrent zone change would be required to
change 36.94 acres from a MH (Mobile Home) zone and 0.58 acres from a C-2 (Regional Commercial)
zone to a PCD (Planned Commercial Development) to construct the Panama Lane Shopping Center
located east of State Route 99, north of Panama Lane. The proposed development is a retail commercial
center, which includes 434,063 square feet for retail, including two major buildings, Wal-Mart Supercenter
encompassing 245,905 sq ft of building area on the west side of the site, a 161,724 sq ft for a Lowe's
Home Improvement Center on the east side, and two ancillary buildings containing 22,851 sq ft and 3,583
sq ft. for various in-line retail commercial located on the southeastern portion of the site.
The project applicant, Panama 99/Properties LLC, and the applicant for a similar but larger proposed
shopping center, located 3.6 miles west of the proposed Panama Lane Shopping Center, applied in early
2002 for project approvals, associated Zone Changes and General Plan Amendments for each of their
November 29, 2007, 4:58PM
S:\Dana\ADMINS\2007\Dec\12-12-0193 2.doc
ADMINISTRATIVE REPORT
respective properties. The other project was, and is known as the Gosford Village Shopping Center.
Separate EIRs were prepared for each development project. The City certified both EIRs, approved the
projects, and approved the associated General Plan Amendments and Zoning Changes in February 2003.
Construction commenced on both project sites soon thereafter. These approvals were challenged in
litigation and ultimately, in Bakersfield Citizens for Local Control v. City of Bakersfield, the Fifth District
Court of Appeal invalidated the 2003 EIR and the General Plan Amendment and Zone Change.
In late 2002, the Planning Commission heard public testimony from three people in opposition to the
project that consisted of impacts to the neighborhood, high vacancy rates, air pollution, and traffic. Eight
people, including the applicant spoke in favor of the project. The Planning Commission voted unanimously
to recommended approval of the project. In early 2003, the City Council heard testimony in opposition
from Richard Harriman, representing Bakersfield Citizens for Local Control (BCLC) and three other
individuals. The applicant and three other individuals spoke in favor of the project.
The Planning Commission conducted a public hearing on this project on September 17 and 20, 2007, and
recommended approval to the City Council. Jared Foster, Richard Crane, and Renee Nelson spoke in
opposition to the project. Their concerns were traffic, surplus of existing commercially zoned property, loss
of the open space, and impact to kit foxes. Three people, including the applicant, spoke in favor of the
project. The applicant stated that all the issues brought up by the opponents have been addressed. An
off-setting payment for a future park has been paid, a biologist is monitoring the kit fox activity on the site,
the urban decay study documents that Bakersfield has a thriving retail market and CalTrans supported the
traffic study and the project with the mitigation. The Commission voted 5-2 in favor of recommending
approval of the project. Commissioners McGinnis and Tragish were dissenting votes citing traffic
congestion and limited access to the site as reasons for their votes. Correspondence from Attorney
Stephen A. Herum, dated September 18, 2007 was received as is attached. Mr. Herum's law firm
represented Bakersfield Citizens for Local Control (BCLC) in the pending litigation and states BCLC has
not contacted him to represent BCLC on this application.
The FEIR consists of 14 volumes (approximately 13,000 pages) and two of the volumes include three cds
with air quality model runs. The three cds contain approximately 43,000 pages. The 14 volumes and three
cds provide an extensive environmental analysis of the proposed project. At the direction of the Court of
Appeal, the FEIR specifically addressed the following issues: Urban Decay; Cumulative Impacts;
Correlation of Adverse Air Quality Impacts to Resulting Health Impacts; and Biological Resources /San
Joaquin Kit Fox. In addition, the FEIR provided extensive analysis regarding Land Use; Aesthetics
(Visual/Light/Glare); Biological Resources, Cultural Resources; Hazards/Hazardous Materials;
TrafficlTransportation; Air Quality, Noise; HydrologylWater Quality; Agricultural Resources; Public
Utilities/Services; and Population/Housing. Mitigation Measures are proposed that reduce impacts to less
than significant levels, except for two impacts discussed below. The applicant agreed to all conditions and
mitigation measures for the project.
If the City Council decides to approve the project, adoption of a Statement of Overriding Considerations
would be necessary for the following impacts that can not be mitigated to a less than significant level:
(1) cumulative impacts to five roadway segments and two intersections forecast to operate at deficient
levels of service at the cumulative year, 2030 time horizon; and (2) a possible short-term violation of the
applicable air quality standards for PM2.5 and PM10 that occurred in 2003 during a very short period as a
result of extensive grading operations that occurred on the site at that time. There are no additional
November 29,2007, 4:58PM
S:\Dana\ADMINS\2007\Dec\ 12-12-0193 2.doc
ADMINISTRATIVE REPORT
feasible mitigation measures that exist to mitigate the remaining identified significant and unavoidable
traffic impacts, and there are no feasible mitigation measures that exist that can undo past activities that
potentially caused a significant and unavoidable short-term air quality impact. Therefore, the City Council
would be required to balance the economic, legal, technological and other benefits of the proposed project
against its unavoidable environmental risks when determining whether to approve the project. If the
proposed project's benefits outweigh the unavoidable adverse environmental effects, the effects may be
considered "acceptable" and the City Council may adopt a Statement of Overriding Considerations
pursuant to CEQA Guidelines Sections 15091 and 15093, stating the specific reasons for approving the
proposed project despite its unavoidable significant environmental effects.
CONCLUSION:
The project is consistent with the policies of the General Plan by providing for commercial development to
compliment the expanding residential neighborhoods in the vicinity. The FEIR has been prepared in
accordance with CEQA Guidelines and the direction of the Court of Appeal. Therefore, staff recommends
certification of the FEIR, adoption of the Mitigation Monitoring and Reporting Program, adoption of the
Findings of Fact, adoption of the Statement of Overriding Considerations and approval of the project
subject to mitigation measures and conditions of approval.
Jeng\ Document1
November 29, 2007
November 29,2007, 4:58PM
S:\Dana\ADMINS\2007\Dec\12-12-0193 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I d- e .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 28, 2006
SUBJECT: Resolution preliminarily approving Engineer's Report and setting date for public hearing of
protests for Assessment District No. 07-2, (Sydney Harbour) (Ward 3).
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 12, 2007 the City Council approved Resolution of Intention 1552. The
proposed assessment district is named Sydney Harbour and is located east of Cottonwood Road, south of
Panama Lane, west of South Union Avenue and north of Hosking Avenue and is planned for new
residential development.
Once the Resolution is adopted, the next step is for the Assessment Engineer to prepare the Final
Engineer's Report and hold a formal hearing on January 30,2007.
Jas
November 15. 2007. 10:44AM
G:\GROUPDA T\ADMINRPT\2007\ 12-12\AD07 -2PreEngRpt.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: /.;j .-f:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
November 21,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with Section 53646 of the California Government Code that
requires staff to annually render to the legislative body a statement of investment policy which the
legislative body shall consider at a public meeting. There have been no changes to the California
Government Code since the last investment policy and therefore there are no changes to the current
policy.
November 21, 2007, 9:50AM
P:\MISC\Admin report invest policy. doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 15, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving an application proposing proceedings for nn xation of
uninhabited territory to the City identified as Annexation No. 571 consisting of 20.09
acres located on the south side of Pioneer Drive and west of Vineland Road. (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City of
Bakersfield. The proposed annexation identified as Annexation No. 571 consists of 20.09 acres of land.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The
property owner has consented to annexation. The proposal is to annex for development purposes and
to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of
Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development. JJ
DL:dc
S:\Annexation\Res of Applic\Admin Draft 571.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Deferred Business
ITEM: I d, h.
TO:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage~~ . DEPAR11IIENT HEAD
November 29, 2007 CITY A TIORNEY
CITY MANAGER
FROM:
DATE:
SUBJECT: Education Reimbursement Program
1) Resolution adopting Education Reimbursement Program
2) Section 127 Educational Assistance Plan Document
RECOMMENDATION:
The Personnel Committee recommends adoption of resolution and the Section 127 Educational
Assistance Plan Document
BACKGROUND:
Education Reimbursement Program
As part of the Recruitment & Retention effort Staff has proposed an enhancement to the current Education
Reimbursement Program offered by the City. This effort was to address the opportunity for City employees
to continue their education by attending non-traditional accredited educational institutes (e.g. University of
La Verne, University of Phoenix, National University, online programs, etc.) which better fit the City
employee's work and life schedule. This is particularly important for employees who do shift work (e.g.
Public Safety) who have difficulty taking traditional University programs.
Currently the educational reimbursement program is based on the California State University Bakersfield
(CSUB) fee structure. The program consists of the following features:
· 100% payment of tuition and fees equivalentJo the CSUB tuition and fees
· 100% cost on required books
This enhancement would encourage education through accredited non-traditional education sources,
making it easier for any employee to continue their education.
The Personnel Committee met on September 4, 2007 to review a proposed enhancement and supported
the concept with a change to the benefits exceeding the current plan. The plan would be changed to
include an additional 75% reimbursement of tuition, required fees and books, up to the specific maximum
for any amount exceeding the 100% CSUB cost. Attached you will find a copy of the proposed
enhancement with the recommended change.
Enhancing the City's current Education Reimbursement program was part of the 9 Point Recruitment and
Retention Plan proposed to the Personnel Committee in April 2007. The purpose of the enhancement was
to encourage employees to continue their education and therefore develop them as better qualified
C:\DOCUME-1 \rmartin\LOCALS-1 \Temp\GWViewer\Education Reimbursem ent 11-07 .doc
ADMINISTRATIVE REPORT Page 2
candidates for future City positions. This Policy would be a benefit for City employees to continue their
education and not a requirement of employment or a condition of continued employment.
The item was referred back to the Personnel Committee during the October 24, 2007 Council meeting.
During the October 31 sl Personnel Committee meeting the Personnel Committee discussed the concerns
pertaining to the Promissory Note segment of the program. After detailed discussion Council Members
Weir and Hansen recommended approval of the Education Reimbursement with the removal of any
reference to a Promissory Note. Council Member Couch voted against because of concerns regarding the
removal of the any reference to some Promissory Note.
Section 127 Educational Assistance Plan Document
In order to lessen the tax implications to employees the City must adopt a Section 127 Educational
Assistance Plan Document. The purpose of this Plan is to provide only favorable tax benefits for
employees. The Plan will exclude from taxation eligible courses, up to a maximum of $5,250 per calendar
year. Section 127 of the Internal Revenue Code requires that an employer prepare a separate written plan
for the exclusive benefit of its employees to provide such employees with educational assistance.
Attached you will find a copy of the Section 127 Educational Assistance Plan Document.
C:\DOCUME-1\rmartin\LOCALS-1\Temp\GWViewer\Education Reimbursement 11-07.doc
11/29/20074:47 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION:
ITEM: 1.;1.;' "
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 30,2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution supporting the Altamont Pass as the preferred route for th
Speed Rail System alignment.
RECOMMENDATION:
Staff recommends adoption of this Resolution.
BACKGROUND:
The potential for high-speed rail in California has long been discussed. The California High-Speed Rail
Authority recently conducted a study that proposes two alignment routes: Altamont Pass in eastern
Alameda County and Pacheco Pass in southern Santa Clara County.
The Altamont Pass route has several advantages for Central California and the City of Bakersfield. First,
the Central Valley represents a major market segment for potential High-Speed Rail System ridership with
an expected 44% of ridership involving people traveling within or in and out of the Central Valley. Second,
the Altamont alignment would provide job opportunities and economic development opportunities to
residents of Central California and Bakersfield. Third, this alignment would support other economic
opportunities made available from a speedy interregional connection. Lastly, the Altamont alignment
would have lesser overall impact on sensitive environmental habitats and substantially less impact than
the Pacheco alignment on farmland, flood plain impacts and wildlife impacts.
The Kern Council of Governments, in its role as the Regional Planning Agency for Kern County, supports
the Altamont alignment as a preferred route and is requesting the support of cities.
Therefore, the attached resolution was prepared in support of the Altamont Pass alignment as the
preferred route for the California High-Speed Rail System between Central California and the San
Francisco Bay Area for City Council's consideration.
JB:dll
S:\CQUNCIL\Admins\07.08 Admins\HighSpeedRaitAltamont.Reso.doc
November 30,2007, 10:37AM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: rd- /.
lJ
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 29,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding the following territory to the Consolidated Maintenance Ii~ict find
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Ward 5)
1. Area 3-76 (Panama, Progress SE)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 28, 2007 the Council adopted Resolution of Intention No. 1576 to add
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will
be assigned the appropriate tier levels when parks and/or street landscaping have been installed.
~he addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
Dee 12_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: Id.. K',
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 28, 2007
SUBJECT: Resolution of Intention No. 1578 to add territory, Area 1-80 (Calloway, IUshi g Quail NE)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel
Map Waiver No. 07-1179 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping. Area 1-80 is generally bounded by a line approximately 200 feet north
of Flushing Quail Road on the north, a line approximately 700 feet east of Calloway Drive on the east,
Flushing Quail Road on the south and Calloway Drive on the west. This area will be under the
streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
November 28, 2007, 9:20AM
MD1-80Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I.J./.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1581 to add territory, Area 1-81 (Renfro, ein NW) to. the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 7039 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-81 is generally bounded by a line approximately 1,320 feet north of Reina
Road on the north, Renfro Road on the east, Reina Road on the south and a line approximately 1 ,320 feet
west of Renfro Road on the west. This area will be under the streetscape zone of benefit and will be
assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
November 28, 2007, 9:52AM
MD1-81 Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: / do. 111,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
November 28, 2007
SUBJECT:
CITY ATTORNEY
CITY MANAGER alf
))/
Resolution of Intention No. 1582 to add territory, Area 1-82 (Jewetta, Etchart SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6941 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-82 is generally bounded by Etchart Road on the north, the Calloway Canal
on the east, a line approximately 1,000 feet north of Snow Road on the south and a line approximately
950 feet west of Old Farm Road on the west. This area will be under the streetscape zone of benefit and
will be assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
November 28, 2007, 11: 13AM
MD1-82Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I d, fl,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Vista Montaire, LLC., for Tract 6137
Phase 3 located at the northeast corner of Paladino Drive and Masterson Street.
(Ward 3)
2. Final Map and Improvement Agreements with Elmer F. Karpe, INC., for Tract 6310
located at the southeast corner of Valleyview Drive and Fairfax Road. (Ward 3)
3. Final Map and Improvement Agreements with KB South Bay, INC., for Tract 6338
Phases 2 & 3 located at the southwest corner of Paladino Drive and Vineland
Road. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
November 27,2007, 2:55PM
G:\GROUPDA T\ADMINRPT\2007\ 12-12\Map and Improvement AG R .doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: / d- D.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD l)l.l-f.
Dianne Hoover
Director of Recreation & Parks
DATE:
November 28, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Grand Canyon Park, Staging Area and Trail. (Ward 3)
Agreement with Vista Montaire, A California Limited Liability Company, to dedicate 5.03
total net acres of property in Vesting Tentative Tract 6137 to the City for Grand Canyon
Park, Park Staging Area, Access Road and Hiking Trail purposes and the acquisition
($547,200) of 8.10 net acres of property for Grand Canyon Park.
RECOMMENDATION:
Staff recommends approval of the agreement and the appropriation.
BACKGROUND:
The future Grand Canyon Park, Staging Area, Access Road and Trail properties are identified in the
Specific Parks and Trails Plan for Northeast Bakersfield. The Park Staging Area, Access Road and Trail
are located north of Paladino Drive between Masterson Street and Alfred Harrell Highway in northeast
Bakersfield.
The acquisition specifies a dedication of 1.90 net acres of park land and reservation of 8.10 net acres of
park land for purchase by the City, dedication of 1.02 net acres of Park Staging Area, dedication of 1.83
net acres of Access Road and dedication of 0.28 net acres of Hiking Trail. The reservation of 8.10 net
acre of Park Land will be purchased at $547,200 from the Northeast Acquisition - Zone 3 Park Acquisition
Fund and will be combined with the 1.90 net acres dedication for a total of 10 net acres of park land
(Grand Canyon Park).
On April 10, 2003, the City Council denied an appeal and modified Planning Commissions approval of
March 26, 2003 for Vesting Tentative Tract No. 6137 located east of Masterson Street and north of
Paladino Drive. The Tract approval generated a Park demand of 10 net acres, a Park Staging Area of
1.02 net acres, Access Road of 1.83 net acres and Hiking Trail of 0.28 net acres. The agreement sets
forth the terms for acquisition of Grand Canyon Park, Park Staging Area, Access Road and Hiking Trail.
Zone 3 Park Acquisition Funds approved in the FY 2007-08 Recreation and Parks Capital Improvement
Project budget will cover the acquisition costs of the 8.10 net acres of reserved Park property.
November 30, 2007, 8:39AM
S:\PLANNING & DEVELOPMENT\Park Tech Files\Admins 07\Crand Caynon Dedicaton.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I:J. 0
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
November 27, 2007
SUBJECT: Agreement with Acclamation Insurance Management Services (AIMS) for workers'
compensation claims management services in the amount of $299,715 for contract year
one, and $310,202 for contract year two. The Agreement provides for an optional third
year, at the City's discretion, with a fee of $ 321,059.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The City's contract with Acclamation Insurance Management Services (AIMS) for workers'
compensation claims management services expires on February 6, 2008. On July 20, 2007, a Request
for Proposal was sent to 11 claim management companies to solicit bids to provide claim management
services to the City of Bakersfield. The City received responses from five companies. After a thorough
review of the proposals submitted, the following firms were selected to participate in the oral review
process: Acclamation Insurance Management Services, Claims Management, Inc., and American All-Risk
Loss Administrators.
The City's oral board consisted of the following: John W. Stinson, Assistant City Manager, Jena Covey,
Administrative Assistant, Risk Management, and Kathy McLean, Workers Compensation Claim Manager,
California State Association of Counties-Excess Insurance Authority. The potential providers were
assessed on their knowledge and experience in claims adjusting, with special focus on claim handling for
municipalities. Other pertinent factors were considered such as their knowledge and understanding of the
workers' compensation system and how the recently enacted changes to State Workers' Compensation
laws impact the City of Bakersfield; location of their offices in proximity to the City of Bakersfield; the cost
of the proposals; and their ability to work harmoniously with the various City Departments.
Additionally, representatives from Public Works, Fire, and Police departments were consulted regarding
the working relationship with the current workers compensation claims administrator (AIMS) and their
departments. They indicated they are satisfied with the services that we have received from AIMS and
had no objections to renewing the contract.
November 30,2007, 1:06PM
C:\DOCUME-1\rkorn\LOCALS-1\TempIXPgrpwise\AIMS Admin. Report--WC, 2008 -rev.doc
ADMINISTRATIVE REPORT
Based upon this review staff is recommending the city contract with Acclamation Insurance Management
Services (AIMS) for workers' compensation claims management services. The final year amount for the
previous multi-year contract was $259,085.
RAK
November 30, 2007, 1 :06PM
C:\DOCUME-1\rkorn\LOCALS-1\Temp\XPgrpwise\AIMS Admin. Report--WC. 2008 -rev.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: ; ~.a
l'
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley Grady, Development Services Director DEPARTMENT HEAD
November 26, 2007 CITY ATTORNEY 11
CITY MANAGER
L .
SUBJECT: Agreement with California Water Service Company granting City a license for a multi-
use path across its property located north of Paladino Drive east of the alignment of
Morning Drive. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
This agreement establishes key trail linkages through California Water Service Company land within the
Northeast Specific Parks and Trails Plan.
The trails described in the agreement provide eastlwest connectivity from Morning Drive to trails and a park
established with approved subdivisions east of the Cal Water treatment plant, north of Paladino Drive.
These trails are consistent with alignments shown in the Specific Parks and Trails Plan for the northeast
and were established through a cooperative effort between the City of Bakersfield and Cal Water.
JM:lsc
December 4,2007, 4:27PM
S:\Dana\ADMINS\2007\Dec\ 12-12-CaIWaterTrailAgr.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I:J, t"".
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
/
.. I
Consultant Agreement with Krazan & Associates, Inc. ($458,128.75) to provYde materials
testing services for calendar years 2008 and 2009 (All Wards). .
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: As part of the construction inspection of the City's Capital Improvement Program
projects, various materials used in that construction must be tested for compliance with the projects'
specifications. The City does not have the staff or the equipment necessary to perform those tests or
analyses. Therefore, the City has entered into agreements with local testing laboratories for providing the
required services.
Staff requested Statements of Qualification and Proposals (SOQ&P) from material testing firms. Four
firms (BSK & Associates, Krazan & Associates, Leighton Consulting, and Moore Twining) submitted their
SOQ&P's to the City by November 16, 2007. Staff then reviewed those statements of qualifications and
fee proposals. As a result of that review, the staff selection committee ranked the firms based on a
combination of qualifications first and estimated fee second.
Staff recommends award of this agreement to Krazan & Associates, Inc. based on the combination of their
qualifications and fee rates being the most beneficial for the City.
Funding for this agreement will be paid for through the actual projects that are currently budgeted. No
additional appropriations are anticipated.
November 28,2007,1 :14PM
G:\GROUPDA T\ADMINRPT\2007\ 12-12\Soils On-call.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I;), .s,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 28, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with outside counsel, Hogan Guiney Dick LLP, for legal services in the matter of
DKS Investments, LLC, etc., et al v. City of Bakersfield, Kern County Superior Court Case
No. S-1500-CV-259731 KCT; and, Canyons, LLC, etc., et al. v. The City of Bakersfield,
Kern County Superior Court Case No. S-1500-CV-260175 AEW; in an amount not to
exceed $80,000.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
On January 22, 2007, the City entered into Agreement No. CA07-002 for legal services with Mike
Hogan at Hogan, Guiney Dick in an amount not to exceed $40,000. Mr. Hogan specializes in
environmental law matters. Therefore, when the City was sued by DKS Investments relating to the
Hillside Ordinance (DKS Investments, et al. v. City of Bakersfield), Mr. Hogan was retained as outside
counsel to defend the City. The Agreement was amended on March 27, 2007, as Agreement No. CA07-
002(1) to include the matter of Canyons, et al. v. The City of Bakersfield, also an environmental based
lawsuit against the City arising out of the adoption of the Hillside Ordinance.
Both of these lawsuits are still currently pending, with the latter matter on appeal. The DKS matter
is scheduled for trial on December 14, 2007. At this time, the City Attorney's office requests that a new
contract be executed for additional compensation so that outside representation may continue. It should
be noted that the City Attorney's office has sufficient funds within its budget to accommodate this request.
VG:lsc
S:\CQUNCIL\Admins\07-0B Admins\AtlyRtnrAgrHogan-DKS&Canyons.dot
November 28,2007, 3:34PM
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: / d. 1:,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
November 28, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement to sell surplus parks and recreation materials and equipment to the Kern County
Soccer Foundation (a non-profit organization) for $36,000.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Recreation and Parks department is working on the rehabilitation and refurbishment of the Mesa
Marin Softball Complex. As part of this project it was determined that several pieces of material and
equipment either needed to be replaced or were no longer needed by the department and declared
surplus.
The Kern County Soccer Foundation, a non-profit organization, has made an offer to purchase several of
the surplus items for a total sum of $36,000. Some of the larger items include several old bleachers,
picnic tables, chain link fencing materials, old field lights and poles. A complete listing of all items is
attached as an exhibit to the agreement.
In accordance with Bakersfield Municipal Code section 3.20.120 (F), whenever another governmental
entity or a non-profit organization requests the opportunity to purchase surplus materials or equipment
from the City, the sale shall be subject to the confirmation and approval of the City Council.
nks
November 28.2007. 1:49PM
S:\AdminlAdmin ReportslAdmin-surplus parks equip nov 2007.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I d. Ll,.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Construction of Old River Road between Pacheco Road and Campus Park D'rive (Ward 5):
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 27, 2007
1. Reimbursement Agreement with Castle and Cooke California, Inc. ($1,000,000) for
construction of Old River Road between Pacheco Road and Campus Park Drive.
2. Appropriate $100,000 Transportation Development Fund Balance to the Public Works
Department's Capital Improvement Budget for the Agreement.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: On August 16, 2000, the City and Castle and Cooke California Inc. (CCCI) entered into
Agreement No. 00-208 (Agreement for Canal Relocation), wherein the City is obligated to construct the
west half of Old River Road from Pacheco Road to Campus Park Drive and CCCI is obligated to construct
the east half of Old River Road within the same limits.
The City has a capital improvement project to construct the west half of Old River Road. However, due to
delays in the City obtaining approval for the at-grade railroad crossing on Old River Road at the Union
Pacific Railroad Buttonwillow Branch, CCCI was required to construct portions of the west half of Old River
Road adjacent to provide access to Tract 5848. Tract 5848 is located on the east side of Old River Road
between the Union Pacific Railroad and Campus Park Drive.
Due to the delay of the new at-grade rail crossing, the City and CCCI mutually agreed to redefine the
obligation of construction of Old River Road. The City would construct, in general, the south half of Old
River Road from Pacheco Road to Campus Park Drive and CCCI would construct, in general, the north
half of Old River Road within the same limits.
Once the City received approval of the at-grade crossing, CCCI was responsible to provide the remainder
of their obligation of street improvements including new pavement and concrete curb, gutter, sidewalk and
median islands. The City desired CCCI to construct the City's obligation of Old River Road including new
pavement and concrete curb, cutter, sidewalk and median islands. Combining the construction of the
City's obligated street improvements with CCCI's obligated street improvements provide a greater
economy of scale and provides a better finished product.
Additional funds are needed to fully fund this Agreement.
Nfdesign-T5K146
November 30,2007, 8:26AM
G:\GROUPDAT\ADMINRPT\2007\12-12\ADMINFORM CCCI reimbusement.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I J.~
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas
November 29, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
I
SUBJECT: Cooperative Agreement with the California Department of Transportation (Caltrans) for Street
Improvements on the north half of State Route 119 from Gosford Rd to Ashe Rd (Ward 6).
RECOMMENDATION: Staff recommends approval of Cooperative Agreement.
BACKGROUND: As part of the Waste Water Treatment Plant number 3 Expansion project, the roadways
adjacent to the plant site will be widened to ultimate width. State Route 119, Taft Highway is the southern
roadway adjacent to the plant site. This project will widen State Route 119 to ultimate width adjacent to
the Waste Water Treatment Plant. In addition, this is the proposed site for the Sports Village; this project
'will provide the street improvements on Taft Highway for the proposed Sports Village.
The State desires to enter into a Cooperative Agreement with the City for which the State, acting by and
through its Department of Transportation, defines the roles and responsibilities of the State and the City
for the proposed project. Per this agreement, it is the City's responsibility to fund 100% of all costs for
project from inception through construction except for costs of State's Independent Quality Assurance,
State's review, comments, and approval if appropriate. In addition, the City will be responsible to fund
source inspection provided by the State.
NF Design P7C721
November 29,2007, 1:17PM
G:\GROUPDA T\ADMINRPT\ADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I;:J, ~J <<
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 4 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Utility Agreement with Kern County Water Agency (not to exceed $2,000,000) to
construct a box culvert at the Cross Valley Canal for the Allen Road Bridge at Kern River
Project (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City has prepared plans and specifications to construct the Allen Road Bridge
over the Kern River. The project, as currently configured, includes a small bridge over the Cross Valley
Canal, as was desired by the owners of the Canal, Kern County Water Agency (KCWA). In mid
October, KCWA suggested to the City that a box culvert could also work at the crossing location, since
KCWA has shut down the flow in the Canal for expansion work. The City must comply with the KCWA
shut down period to construct a box culvert. This shutdown period will be November 1, 2007 through
February 29, 2008.
The project can realize an estimated savings of more than $1 million dollars by constructing a box
culvert in lieu of a bridge over the Canal. This amount does not include the 'intangible' savings of
completing the box culvert work before the river bridge work begins, which shortens the construction
timetable for the overall project.
With this agreement, KCWA will contract with a contractor suitable to both KCWA and the City for a fee
not to exceed $2 million dollars to build the box culvert. After the culvert design plans are complete in
mid December 2007, KCWA will negotiate with a contractor to construct the box culvert as soon
possible to coincide with the Canal shutdown period
December 4, 2007, 4:55PM
Tdw:G:\GROUPDATIADMINRPT\2007\12-12\KCWA Utility Agreement Admin for Allen Box.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: / ;), ~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ,',
November 29, 2007
CITY ATTORNEY
CITY MANAGER
;
SUBJECT: Amendment NO.1 to Agreement No. 07-381 increasing total compensation to KS Fabrication
& Machine, Inc. ($26,276.25; for a revised not to exceed amount of $94,279.10) and
changing the project delivery date for the Mill Creek Linear Park Phase 1 Project (Ward 2).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The work needed to transform Central Park by constructing Mill Creek Linear Park is
continuing. The scheduled key work needed in the Canal is dictated by the Canal Owner's shut down
period which has recently been changed to start "on or about" December 9,2007. This amendment allows
the City to take advantage of the extra time to have more metal pieces fabricated prior to December 9th for
use in construction of features on the Canal.
PW/ENGR 8M
December 5, 2007, 1 :45PM
G:\GROUPDAT\ADMINRPT\2007\12-12\Amendment NO.1 to Agreement No. 07-381 - KS Fabrication.doc
Mill Creek Linear Park Project No. P6K117
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 5, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approve Amendment No. 1 to Agreement 07-304 ($200,000) with Security Paving
Company, Inc., for Supplemental Work required for the construction of State Route 178
(SR-178) and Fairfax Road Interchange Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Agreement Amendment.
BACKGROUND: Agreement 07-034 was entered into with Security Paving Company Inc. on August 15,
2007 for the construction of the interchange at Fairfax Road and SR-178. This project is located within
Caltrans right-of-way; therefore, it must be designed, administered and constructed in accordance with
Caltrans Standard Specifications and Special Provisions. During the bidding process all Contractors
submit a Bid Proposal which contained the same "Bid Item" list and the Contractor deemed the lowest
responsible bidder based on those items was awarded the contract.
In addition, Caltrans describes certain other items of work in a project as "Supplemental Work"; these
items are not included in the "Bid Item" list as their quantities and costs vary. The State has found it to be
beneficial to share in the cost of these items with the contractor, which includes such things as traffic
control, storm water pollution control measures, material cost fluctuations, and partnering sessions. Staff
estimates that the $200,000 amount will cover the cost of these supplemental work items into the spring of
2008 and perhaps longer. Staff will monitor and verify the supplemental work items completed under this
agreement, and will report back to the Council when another amendment is required. Adequate funds
were included in the original budgeting of this project to pay for this Supplemental Work.
December 5,2007, 2:15PM
G:\GROUPDA T\ADMINRPT\2007\12-12\Security Paving Amendment Admin.doc KPB
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I a. L~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 28, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
(
./
SUBJECT: Amendment to On-Call Civil Engineering and Surveying Agreements to extend term by one
year to December 31,2008 (no change in not-to-exceed compensation amounts):
1. Amendment NO.2 to Agreement No. 05-246 with Boyle Engineering;
2. Amendment NO.2 to Agreement No. 05-247 with DMJM Harris;
3. Amendment NO.2 to Agreement No. 05-248 with Harris & Associates;
4. Amendment NO.2 to Agreement No. 05-249 with Meyer Civil Engineering;
5. Amendment No.2 to Agreement No. 05-250 with Parsons Transportation Group;
6. Amendment NO.2 to Agreement No. 05-251 with T Y Lin; and
7. Amendment NO.2 to Agreement No. 05-252 with Willdan.
RECOMMENDATION: Staff recommends approval of Amendments.
BACKGROUND: As amended by City Council on June 6,2007, the current On-Call Civil Engineering and
Surveying agreements are for services provided during Fiscal Years 20005-06, 2006-07 and the first six
months of 2007-08. These agreements will expire on December 31, 2007. However, the consultants are
still working on various projects that will not be completed by that expiration date. Therefore, an extension
to these agreements is required to provide for the services necessary to complete the assigned tasks on
these various projects. This extension does not provide any additional compensation to the consultants as
their fees for the various projects have already been approved. In addition, the amendments specifically
exclude making any new work assignments to the consultants.
ADR / PW Engr
December 5, 2007, 1 :45PM
G:\GROUPDA TlADMINRPT\2007\ 12-12\Amend 2 On-Call Civil Agreements.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I, , (La....
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 27, 2007
SUBJECT: Amendment No. 2 to Agreement No. 06-335 with Muxlow Construction to include a
additional services to qualified low-income residents under the City's Home Access
Program. (All Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City of Bakersfield's consolidated Plan 2010 has identified accessibility improvements as a high
priority with 78% of the disabled population falling under the 80% of the City's median income level. Each
year the City's Community Development Block Grant Program reserves funding for the Home Accessibility
Grant Program. The Program provides grants of up to $3,500 per household for constructing accessibility
improvements/modifications. Up to $1,000 of additional funds under the agreement are used to address
the costs of complying with Federal and State lead-based paint regulations for low income physically
challenged residents who live in privately owned residential structures.
Approximately 32 residential dwelling units are retrofitted each year under the Home Accessibility Grant
Program. Types of improvements include exterior ramps, handrails, grab bars, handicap toilets, and door
widening.
On September 26, 2007, City Council approved Amendment No. 1 to Agreement No. 06-335 to provide an
additional $50,000 in CDBG funding for the Home Access program for FY 2007-2008. Amendment No.2
will amend Schedule A of the agreement to allow the Contractor to provide additional services such as:
shower curtains, rods, hooks, and 2-24" shower grab bars which have been requested under this program.
S:\Admins\City Council\CIty Council Admlns 2007\Muxlow HA amend #2.doc
11/27/20074:14 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: /d~ h h
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
November 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.2 to Agreement No. 06-391 with Bradco Industrial Corporation ($400,000)
revised not to exceed $959.000 and extending term for one (1) year for wood grinding and
screening for the Solid Waste Division. (Ward 1)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On December 13, 2006, Council awarded the annual contract for wood grinding and
screening for the Solid Waste Division to Bradco Industrial Corporation. On August 15, 2007, Council
approved Amendment No. 1 adding $383,000 to the Agreement for a revised not to exceed contract
amount of $559,000. -The agreement allows for a one (1) year extension if all parties agree. If approved,
Amendment NO.2 will add $400,000 to the Agreement for a revised not to exceed contract amount of
$959,000 and will extend term one year. Extending the Agreement allows the City to continue to receive
needed grinding and screening services at the woodwaste facility.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #2 to Agreement 06-391, Bradco, AC Wood Grinding, November 28, 2007.doc
November 30,2007, 10:55AM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION:
ITEM: I ;::).. C-(l
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
!/(RO:O
,
Vi
December 5, 2007
SUBJECT: Approval of Amendment NO.3 to Acquisition and Disclosure Agreement No. 05-285 to
amend Exhibit "A" requested by Blu S.K.Y. Homes, formerly Mountain View Bravo, LLC,
pertaining to Masterson Street in Assessment District No. 05-1 (City in the Hills). (Ward 3)
RECOMMENDATION:
Staff recommends approval of this Amendment.
BACKGROUND:
Mountain View Bravo, LLC, and the City of Bakersfield entered into an Acquisition and Disclosure
Agreement (Agreement No. 05-285) on July 20, 2005. Pursuant to that Agreement, and after the sale of
Bonds, the city will utilize a prescribed portion of said Bond proceeds to acquire from the Developer
completed portions or phases of certain public improvements. The Developer desires to amend the
Acquisition and Disclosure Agreement, Exhibit "A," to now allow the Developer to be paid for construction
of Masterson Street in two phases.
This amendment will allow replacement of Exhibit "A," in its entirety. This will allow the Developer to
receive bond proceed reimbursements for construction improvements of Masterson Street to be in two
phases.
GG:JAS:TT:dll
S:\COUNCIL\Admins\07 -08 Admins\BluSKYHomesMtViewBrsvoAmd3Agr05.285.doc
December 5,2007, 11 :28AM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: /;J,dcr
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Griffith Company ($6,018,734.00) to con trucV Northeast
Trunk Sewer - Phase 3: Edison Highway Extension (County). .
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 28, 2007
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: Currently, the City is constructing a sewer main east of Wastewater Treatment Plant #2
(WWTP #2) to increase the City's ability to collect sanitary sewer flows from the developing areas of
Northeast Bakersfield. The first phase of this sewer main, from WWTP #2 going east along Planz Road to
Oswell Street and then north along Oswell Street to Redbank Road, is complete.
The second phase, which runs from the Oswell Street I Redbank Road intersection going east along
Redbank Road to Fairfax Road is currently under construction. A portion of this second phase will be
constructed by the Kern High School District in front of the new Mira Monte High School.
Phase 3 of this trunk sewer project, the item of concern for tonight's Council meeting, is planned to
continue east on Redbank Road, from Fairfax Road to South Vineland Road and then north along South
Vineland Road to Brundage Lane (approximately 3 miles total length).
Funding for the project is from the Sewer Enterprise Fund. The Engineer's Estimate for the Redbank
Road Extension-Phase 3 was $7,940,000.
Thirteen acceptable bids were received on November 27,2007 as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in amount of
$6,018,734.00
Southern California Pipeline
15991 Red Hill Ave, Ste 200
Tustin, CA 92780 (Out-of-town)
in amount of
$6,351,575.00
Mountain Cascade Inc.
555 Exchange Ct.
Livermore, CA 94550 (Out-of-town)
in amount of
$6,599,948.00
November 29,2007, 2:58PM
G:\GROUPDAT\ADMINRPT\2007\12-12\NE Trunk Sewer Phase 3 Project No. E5K100.doc
ADMINISTRATIVE REPORT
Nicholas Construction, Inc.
1975 Airport Dr.
Bakersfield, CA 93308 (County) in amount of $6,637,114.00
Utah Pacific Construction Co.
40940 Eleanora Way
Murrieta, CA 92562 (Out-of-town) in amount of $6,752,777.00
Floyd Johnston Construction Co.
2301 Herndon
Clovis, CA 93611 (Out-of-town) in amount of $6,800,249.00
S.J. Louis Construction, Inc.
3032 Cord 138
Waite Park, MN 56387 (Out-of-town) in amount of $7,236,939.00
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield, CA 93307 (City) in amount of $7,254,960.00
Don Kelly Construction, Inc.
6861 N. Oracle Rd.
Tucson, AZ 85704 (Out-of-town) in amount of $7,619,180.00
Colich Construction, LP
1590 Francisco Street
Torrance, CA 90501 (Out-of-town) in amount of $7,850,865.00
Blois Construction, Inc.
3201 Strugis Rd.
Oxnard, CA 93030 (Out-of-town) in amount of $8,605,360.00
ARB, Inc.
26000 Commercentre Dr.
Lake Forest, CA 92630 (Out-of-town) in amount of $9,334,821.00
Teichert Construction
13281 Golden State Blvd.
Kingsburg, CA 93631 (Out-of-town) in amount of $9,848,619.00
PW/ENGR tma
November 29. 2007, 2:58PM
G:\GROUPDAT\ADMINRPT\2007\12-12\NE Trunk Sewer Phase 3 Project No. E5K100.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: !d. e e,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Prime Demolition Inc. ($53,730)
Improvements at 1900 and 2029 Hosking Avenue (Ward 7).
of
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of demolition and removal of all buildings, fences, landscaping, debris, slabs
and foundation materials at 1900 and 2029 Hosking Avenue. This demolition is required for preparation of a new
Highway Interchange at S.R. 99 and Hosking Avenue.
Six acceptable bids were received on November 14, 2007 as follows:
Prime Demolition, Inc.
2450 Lemon Avenue
Signal Hill, CA 90809
(Out of town)
In the amount of
MEC Inc.
4919 Contractor Road
Edwards AFB, CA 93523
(Out of town)
In the amount of
Valley Tree & Construction
4233 Quinn Road
Bakersfield, CA 93308
(City)
In the amount of
Bowen Engineering and Environmental
4664 S. Cedar Avenue
Fresno, CA 93725 (Out of town)
In the amount of
Gilliam & Sons, Inc.
9831 Rosedale Highway
Bakersfield, CA 93312
(City)
In the amount of
Anthony's Laser Level
7258 W. Rialto Avenue
Fresno, CA 93723
(Out of town)
In the amount of
kb. pw engr
G:\GROUPDAT\ADMINRPT\2007\12-12\DemoAdmin T3K041.doc
$53,730.00
$55,082.16
$61,970.00
$64,800.00
$66,067.00
$98,779.00
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: / ;}. ..f:.p..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 30, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Toter, Inc. (not to exceed the budgeted amount of
$297,000.00) for the annual contract - trash carts. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to twelve (12) suppliers for the Annual Contract for Trash
Carts for the Public Works Solid Waste Division. Five (5) bids were received in response to solicitation.
Sample carts from all bidders were field-tested and evaluated as part of the requirements of the bid to
ensure compatibility with the City's refuse equipment. Trash carts from Toter, Inc., Statesville, North
Carolina were the only carts that met all minimum specifications and found to be compatible with City's
refuse equipment. Staff recommends award of contract to Toter, Inc., Statesville, North Carolina.
Purchasing Division
S:\PURCHIADMINIAC AC for Trash Carts, 07-08-21, December 12, 2007.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: /2. q.~.
vv
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Lenovo (United States), Incorporated in the amount of $91,129.79 for
replacement computers and monitors. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for seventy-seven (77) replacement
computers and monitors.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for replacement
computers and monitors to be used by various City departments. Four (4) bids were received in response
to the solicitation as follows:
BIDDER
AMOUNT
$ 91,129.79
Lenovo (United States), Inc
Tempe, Arizona
Microgear, Inc.
Brooklyn, New York
$100,105.68
MCPC
Highland Hts, Ohio
JPK Micro Supply, Inc.
City of Industry, California
$102,187.59
$103,558.46
Staff finds the low bid to be acceptable and recommends award of the bid to Lenovo (United States),
Incorporated in the amount of $91,129.79.
Purchasing Division
S:\PURCHIADMIN\Lenovo Thinkcentre Computers, 07-08-49, December 12, 2007.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: la. A/1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
November 28, 2007
SUBJECT: Accept bid from Iteris, Incorporated, $105,662.70, for motion detection camera systems at
various traffic signal locations for the Public Works Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to seventy (70) vendors for motion detection camera
systems. Three (3) bids were received. Staff recommends awarding the bid to Iteris, Incorporated.
Iteris, Incorporated
1700 Carnegie Avenue, Ste 100
Santa Ana, CA 92705
in the amount of
$105,662.70
Econolite
3360 E LaPalma Avenue
Anaheim, CA 92806
in the amount of
$263,127.15
Jam Services
7650 Hawthorne Avenue, Ste 2
Livermore, CA 94550
in the amount of
$290,797.65
Purchasing Division
S:\PURCH\ADMIN\Machine Vision Detection Systems. December 12. 2007.doc
November 29,2007, 12:29PM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1;2, /,',
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Coastline Equipment in the amount of $240,497.64 for one additional diesel
powered hydraulic excavator for the Public Works Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to eighty-seven (87) suppliers for providing one (1)
additional diesel powered hydraulic excavator to be used by the Public Works Department.
, Two (2) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$240,497.64
Coastline Equipment
Bakersfield, California
Gibbs International, Inc.
Bakersfield, California
Staff finds the low bid to be acceptable and recommends award of the bid to Coastline Equipment,
Bakersfield, California.
$309,785.19
Purchasing Division
Kb
S:\PURCH\ADMIN\Diesel Powered Hydraulic Excavator, 07-08-39.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: /01. ,. l
u u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 29,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bids from Wattco Equipment Incorporated ($35,156.66); 911 Vehicle ($10,054.69);
and Adamson Police Products ($4,271.23) for Lightbars, Sirens and related equipment for
the Police Department. Total awarded amounts to three vendors $49,482.58.
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were sent to over one-hundred (100) vendors. Four (4) bids were
received. The lightbars and sirens are necessary to outfit fifteen (15) replacement Police vehicles
awarded by Council on November 28, 2007. Staff recommends the award be split between Wattco
Equipment Incorporated, 911 Vehicle and Adamson Police Products as shown. (Spreadsheet attached)
Wattco Equipment Incorporated
Fairfield, California (45 items) in the amount of $35,156.66
911 Vehicle
Anaheim, California (15 items) in the amount of $10,054.69
Adamson Police Products
Los Alamitos, California (15 items) in the amount of $ 4,271.23
Purchasing Division
S:\PURCH\ADMIN\Lightbars and Sirens, 07-08-50, December 12, 2007.doc
November 30, 2007, 11 :01AM
ADMINISTRATIVE REPORT
MEETING DATE: December 12,2007
AGENDA SECTION: Consent Calendar
ITEM: ;;?,. klC.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD_Vvr..
CITY ATTORNEY
FROM:
William R. Rector, Chief of Police
CITY MANAGER
DATE:
November 30, 2007
SUBJECT: Appropriate $183,328.00 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On May 23, 2007 the City Council adopted Resolution 106-07 authorizing the Police Department to apply
for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice. The Police
Department was awarded the grant ($183,328.00) on August 10, 2007.
The original scope of this grant was to purchase technology and equipment for the Police Department.
However, siAce the grant was awarded, the BPD has been granted permission by the Department of
Justice to change the scope of the grant to include program costs ($75,000) for the Police Activities
League. Below is the revised list of grant items to purchase.
. P.A.L. Programs $ 75,000
. (5) P.A.N. Disruptor Stand $ 3,200
. (3) Penlink Software $ 11,000
. (10) Boltless Storage Racks For B Bldg Storage $ 2,900
. (2) Pc's And Software For Lobby On-Line Rpt. System $ 3,500
. (1) Coplogic Software $ 29,000
. (2) 500' Spools Throw Cable WI Quick Winders $ 1 ,400
. (2) Protech Intruder Shield Levalliia With 2035 Light $ 3,800
. (1) Pole Cam $ 18,500
. (4) Simunitions Pistols $ 2,000
. (8) Simunitions Protective Equipment $ 1 ,400
. (1) Ram Breaching Door And Equip. For Entry Trg. $ 3,900
. (1) Firearms Storage Vaults For Range $ 9,500
. Disaster Preparedness Equipment $ 10,000
. Handsfree Cellular Eauipment $ 8.228
TOTAL = S183.328
\\citynas\homedirs\clbranson\BPDIADMIN RPTSIADMIN RPTS FY 07 -08IADMIN RPT - (11-28-07) 2007-08 BRYNE-JAG BUDGET
APPROPRIA TION.doc November 27, 2007. 3: 1 OPM
ADMINISTRATIVE REPORT
The dollar amounts in the proposed budget above are estimates. If department needs change or the
amounts spent differ from those proposed, the Police Department will expend the differences in
accordance with the JAG/Byrne Grant Guidelines. Grants from the J.A.G. Program have a term of four
years and do not require any match from the City.
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 07-08\ADMIN RPT - (11-28-07) 2007-08 BRYNE-JAG BUDGET
APPROPRIATION.doc November 27, 2007, 3:10PM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Hearings
ITEM: 13,,~,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 20, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of a portion of the 20 foot wide alley between/"Q" Street
and "R" Street and south of 23rd Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, CBP Properties LLC, has requested the alley be vacated to better access to the
existing building. The vacation of the 20 foot wide alley located between "Q" Street and "R" Street and
South of 23rd Street will make this possible. An easement over the 20 foot wide alley will be reserved as a
Public Utility Easement to cover the existing sewer line and other utilities.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from said owners as of the date of
this report.
The proposed vacation was approved by the Planning Department on November 19, 2007 per Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1579 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of November 28, 2007.
Notice of this public hearing has been duly advertised and posted as required by law.
G:\GROUPDA1\ADMINRPI\2007\12-12\R0I1579 Admin-Hearing Final Q-R AlIey.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Hearings
ITEM: f 3.6..
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 19, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of the 7.25 foot wide strip of land on the Northeast corner
of "M" Street and California Avenue and "0" Street between California Avenue and 14th
Street, and 13th Street between "N" Street and uP" Street, and "P" Street south of 13th Street
and 198.41 foot long, and 20 foot wide alley north of California Avenue between "N" Street
and "0" Street, and a 33 foot wide alley north of California Avenue and between "0" Street
and "P" Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owners, Maya Cinemas North America Inc., Sivers Bakersfield Inc., Sivershousing
Bakersfield Iric., and the City of Bakersfield are requesting the vacation of parts of "M" Street, "0" Street,
"P" Street, 13th Street, and the two alleys to develop the area as a commercial center.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is a 16-inch sewer mainline in "0" Street and a non-exclusive utility
easement over the street is being reserved. The applicant has requested the 6-inch sewer line in each of
the alleys to be released to the applicant to maintain. There is a City storm drain at the intersection of UN"
Street and 13th Street to be relocated and an easement over the new line will be given to the City.
The utility companies serving the area have been notified by mail and they have no objections to the
vacation.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area.
The proposed vacation was approved by the Planning Department on November 6, 2007 per Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
G:\GROUPDA1\ADMINRPI\2007\12-12\ROI1566 Admin-Hearing Fina1.doc
-1-
ADMINISTRATIVE REPORT
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1566 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of November 28, 2007.
Notice of this public hearing has been duly advertised and posted as required by law.
A larger map is available at the City Clerk's office.
G:\GROUPDA 1\ADMINRP1\2007\1 2-1 2\ROI 1566 Admin-Hearing Fina1.doc
- 2-
ADMINISTRATIVE REPORT
MEEnNG DATE: December 12, 2007
AGENDA SECnON: Hearings
ITEM: 13. C.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 19, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of a 20-foot Alley in Block 47 at the southeast corner of
Stockton Street and Monterey Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Pace Diversified Corporation, has requested the vacation of the alley to the north of
the address 1114 Stockton Street. The alley is located at the corner of Monterey Street and Stockton
Street. The property is being developed as a warehouse and work area. The owner wants to build a
fence to stop illegal dumping and vandalism and is willing to keep the alley as a utility easement.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. Pacific Gas and Electric Company has
a gas line and an electrical power line in the alley. The City of Bakersfield has a 6" sewer line in the alley.
A 20-Foot wide easement over the vacated area is being reserved for public utilities.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on November 1, 2007 per Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1570 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of November 28, 2007.
Notice of this public hearing has been duly advertised and posted as required by law.
G:\GROUPDA1\ADMINRP1\2007\I2-12\R0I1570 Alley Stockton -Monterey Admin-Hearing Final.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA ~..eCnON: Hearings
ITEM: f~. d.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 18, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
SUBJECT: Resolution ordering the vacation of a 20-foot wide Storm Drain Easement sout easterly of
Tract No. 6452, phase 2 and Highway 178. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, MVB Ventures, LLC, is requesting the vacation of a 20-foot wide Storm Drain
Easement. The easement was established prior to the construction of improvements to the Breckenridge
PDA and is no longer needed. The easement is located southeasterly of lots 22, 21, 20, and 19 of Tract
No. 6452 phase 2 and northeasterly of the intersection of Canteria Drive and State Highway 178. The
area is currently being developed as part of the City in the Hills single family homes.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on October 23, 2007 per Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality Act
pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action
may have a significant effect on the environment.
Resolution of Intention No. 1572 declaring intention to order said proposed street vacation was adopted by City
Council at the regular meeting of November 7,2007.
Notice of this public hearing has been duly advertised and posted as required by law.
G:\GROUPDAT\ADMINRPT\2007\12-12\ROI1572 Strom Drain Hwy 178Admin-Hearing Final.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Hearings
ITEM: /3 , e .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 6, 2007
SUBJECT: Resolution ordering the vacation of an 18 foot wide Waiver of Direct Ac
Avenue north of Birchhaven Avenue. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Natalie Castillo, is requesting the removal of a portion of the waiver of direct access
on Lot 11 adjacent to Jewetta Avenue. A workshop is proposed and access to the workshop will be from
Jewetta Avenue. The property to the north and the property across the street also have access from
Jewetta Avenue. The removal is 12.5-foot south of the northwest corner of Lot 11 on Jewetta Avenue.
The removal of the waiver of direct access is 18-foot wide to accommodate the driveway. Lot 11 is
located at the northeast corner of the intersection of Jewetta Avenue and Britchhaven Avenue.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no written objections from these owners as of the
date of this report.
The proposed vacation was approved by the Planning Department on October 26, 2007 per Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1574 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of November 28, 2007. Notice of this public hearing has been duly
advertised and posted as required by law.
G:\GROUPDA1\ADMINRP'I\2007\12-12\ROI 1575 Waiver of Direct Access Admin-Hearing Fina1.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Hearings
ITEM: I~.~.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 19, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution ordering the vacation of a 20 foot ide ewer line
easement at the southeast corner at the intersection of Stine Road and Whi e La e.
I
(Ward 6)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The easement was established before the construction of the improvements and the development of the
area and was not being utilized. This sewer easement is no longer needed.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date' of this report.
Public Works notes that there are no City sewer or storm drain facilities in the proposed vacating area.
The utility companies serving the area have been notified by mail. None have any facilities in the vacation
area.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on October 30, 2007 per Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1573 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of November 28,2007.
Notice of this public hearing has been duly advertised and posted as required by law.
G:\GROUPDA1\ADMINRP1\2007\12-12\R011573 Admin-Hearing Final Storm Drain at 178 .doc
,(;SI~J::;tM~:}';S~:~:~
it 0~ "''"''".,''';,'~~~
t~;1... ~ ADMINISTRATIVE REPORT
''-~''-U' J F' O\lI<J~\,@i
....,.:"'.:.:.:"!lJJJi/f)(f1"
MEETING DATE: December 12,2007
AGENDA ~ECTION: Consent Hearing Calendar
ITEM: I~. .
TO:
Honorable Mayor and City Council
DATE:
November 19, 2007
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
Wl......
FROM:
W. R. Rector, Chief of Police
CITY MANAGER
SUBJECT: Public Hearing to consider the proposed expenditure plan for the Supplemental ~aw
Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $621,509.00 State Grant revenues to the Police Operating Budget
within the S.L.E.S.F. Fund.
RECOMMENDATION: Staff recommends approval of the proposed expenditures and appropriations.
BACKGROUND:
Since the passage of Assembly Bill (AB3229) Citizen's Option for Public Safety in FY1996-97, the City of
Bakersfield Police Department has received an annual sum from the State's Supplemental Law
Enforcement Services Fund (S.L.E.S.F.). The program was designed to provide State funds to local law
enforcement agencies for the purpose of addressing current front line law enforcement needs. For each
year the City receives monies from the S.L.E.S.F., the Chief of Police must submit written requests to the
City Council specifying the front line law enforcement needs and those personnel, equipment and
programs that are necessary to meet those needs; and the City must conduct a public hearing to consider
the requests. This year the City is eligible to receive $621,509.00
Per CA Government Code 30062, "moneys allocated from a Supplemental Law Enforcement Services
Fund (SLESF) to a recipient entity shall be expended exclusively to provide front line law enforcement
services. These moneys shall supplement existing services, and shall not be used to supplant any
existing funding for law enforcement services provided by that entity."
The Chief of Police hereby requests approval of the following budget* for 2007 SLESF moneys:
. Wireless MDC / Data Sharing Project
. Digital Transcribing Equipment
. Digital Photo Management System
. Off-Road Patrollino Motorcvcles
$443,225
$100,000
$ 55,784
$ 22.500
Total $621.509
* The dollar amounts in the proposed budget above are estimates. Per CA Government Code 30061 (e),
any S.L.E.S.F. moneys received in 2007 must be expended or encumbered no later than June 30, 2009.
"Any local agency that has not met this requirement shall remit unspent SLESF moneys to the Controller
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 07-08\ADMIN RPT - 2007 SLESF HEARING,doc
11/19/2007 8: 19 AM Page 1 of 2
ADMINISTRATIVE REPORT
Page 2
for deposit into the General Fund." If department needs change or the amounts spent differ from those
proposed, the Police Department will expend or encumber the differences in accordance with the
guidelines governing SLESF moneys (CA Government Code 30061-30065).
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 07-08IADMIN RPT - 2007 SLESF HEARING.doc
11/19/20078:19 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Hearings
ITEM: I 3, It.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~.
December 4, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Zone Change 07-1077, appealed. 0Nard 4 upon annexation)
Jim Marino of Marino & Associates has applied for a zone change on approximately 27
acres, located generally south of Hageman Road, west of Piedmont Avenue, and east of
the Burlington Northern Santa Fe (BNSF) railroad. An appeal of the Planning
Commission's decision was submitted by Mr. Marino.
1. Resolution denying the appeal and approving the Zone Change from A (Agriculture
Zone) to M-1 (Light Manufacturing Zone) on approximately 10 acres, and A to E
(Estate Dwelling Zone) on approximately 17 acres.
RECOMMENDATION:
Staff recommends continuance to January 16, 2008.
BACKGROUND:
The proposal would allow for the development of 10 acres of light industrial along Hageman Road, and
a maximum of 68 single family homes on %-acre lots the southern 17 acres of the project site. The
applicant is also requesting annexation into the City of Bakersfield.
The Planning Commission conducted a public hearing on the proposed zone change to M-1 on
approximately 10 acres, and E on approximately 17 acres and recommended approval to the City
Council on October 18, 2007.
Properties in the vicinity of the project site are generally developed with either single-family residences
or light industrial uses.
Area property owners, generally adjacent to the east of the subject property have expressed concerns
regarding traffic associated with the proposed development, specifically mentioning the Allen
Road/Hageman Road intersection to the west of the subject property.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 11, 2007, in
accordance with CEQA. The Planning Commission did not recommend adoption of the Negative
Declaration.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission voiced concerns regarding transportation infrastructure, and more
specifically the planned separation of grade at the intersection of Hageman Road and the BNSF
railroad, and the intersection of Hageman and Allen Roads to the west of the project site. The Planning
Commission recommended an associated condition (#13) regarding the timing of the proposed
development with the aforementioned improvements. Specifically, condition 13 states the following:
No Certificate of Occupancy can be issued on the industrial property before either the grade
separation is complete, or the traffic signal at Hageman Road and Santa Fe Way is constructed
and operational, or 2 years and 8 months from the date of approval, whichever is earlier. The
developer may either contract to construct the signal or wait until the County of Kern completes
construction of the signal or the Grade Separation District completes construction of the grade
separation. Construction of the signal is estimated to begin within 2 years; construction of the
grade separation is not expected to occur until 2011 at the earliest.
The timeframe of 2 years and 8 months was included because signalization of the Allen
Road/Hageman Road intersection is a scheduled county road improvement in approximately 2 years;
and it is anticipated that the improvements will take 8 months to complete. The applicant is protesting
this condition.
City planning staff supports the recommendation of the Planning Commission.
RB: - S:\ZoneChange\yr 2007\07-1077\Admin Report\Admin Report 07-1077.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Reports.
ITEM: i5"~~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
November 19, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sustainable Growth Implementation Measures
RECOMMENDATION:
BACKGROUND:
Planning staff has been reviewing ways that the City could promote infill development and new
urbanism concepts without a major overhaul of existing processes. This matter was discussed during
budget hearings and a memorandum was provided to the council outlining possible measures to
promote sustainable development. Subsequent to the budget hearing, a request was made for a
presentation to the full council.
ADMINISTRATIVE REPORT
MEETING DATE: December 12, 2007
AGENDA SECTION: Reports
ITEM: 15, b,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Status of Transportation Projects (Various Wards).
Staff will provide a brief update on Transportation Projects throughout the City including the Thomas Road
Improvement Program (TRIP) Projects.
(kpb)
November 28,2007, 10:56AM
G:\GROUPDA T\ADMINRPT\2007\ 12-12\Status of Transportation Projects.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 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, Councilmembers Carson,
Benham, Weir, Couch (seated at 6:00 p.m.),
Hanson, Sullivan (seated at 5:25 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
a. Jim Baldwin, President of Bakersfield Association
for Retarded Citizens, thanked the Council for
supporting his organization.
b. Jim Lamberson spoke regarding item 4.tt.
3. APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 7, 2007
Regular City Council Meeting.
Payments:
b.
Approval of department payments from October 26,
2007 to November 15, 2007 in the amount of
$14,695,607.42 and self-insurance payments from
October 26, 2007 to November 15, 2007 in the
amount of $278,634.58.
AS WEIR
Bakersfield, California, November 28, 2007 - Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
c. Adoption of Ordinance amending Section 17.06.020 ORD 4475
(Zone Map No. 142-04) of Title Seventeen of the
Municipal Code by changing the zoning from R-
1/P.U.D. (One-Family Dwelling/Planned Unit
Development) to R-2 (Limited Multiple-Family
Dwelling) on two parcels totaling 106.08 acres,
located at the northwest corner of Ashe Road and
Engle Road for purposes of single family residential
development (ZC 07-1370 - Mcintosh & Associates
representing Coronel, LLC c/o Santa Barbara
Capital)
d. Adoption of Ordinance amending Section ORD 4476
17.06.020 (Zone Map No. 142-03) of Title
Seventeen of the Municipal Code by changing
the zoning from R-1/P.UD. (One-Family
Dwelling/Planned Unit Development) to R-2
(Limited Multiple-Family Dwelling) on
two parcels totaling 75.70 acres, located at the
northwest corner of Romero Road and
Mountain Ridge Drive for purposes of single
family residential development (ZC 07-
1371 - McI ntosh & Associates representing M P
Romero Separate Property Trust and the
Sullivan Family Trust c/o Arache, Clark and Potter)
e. Adoption of Ordinance approving a Negative ORD 4477
Declaration and amending Section 17.06.020
(Zone Map NO.1 04-20) of Title Seventeen of the
Municipal Code by changing the zoning from
R-S-2.5A to R-1-CH on 7.76 acres generally
located at the northwest corner of future Vineland
Road and State Route 184 (Kern Canyon Road)(ZC
07-0691 - John F. May, representing Rio Bravo
Valley Baptist Church)
f. Adoption of Ordinance amending Section 17.06.020 ORD 4478
(Zone Map No. 103-31) of Title Seventeen of the
Municipal Code by changing the zoning from R-3
(Multiple-Family Dwelling - 1,250 sq ft/dwelling unit)
to C-2 (Regional Commercial) on 4,600 square feet
generally located on the east side of Chester
Avenue, south of 2nd Street for purposes of
commercial development. (ZC 07-1114 - Porter
Robertson Engineering representing Donald and
Marilyn Simpson)
Bakersfield, California, November 28, 2007 - Page 3
4. CONSENT CALENDAR continued ACTION TAKEN
g. Adoption of Ordinance amending Section 10.08.020 ORD 4479
of the Bakersfield Municipal Code regarding the
Central Traffic District.
h. Resolution approving the destruction of certain RES 246-07
obsolete City records, documents, instruments,
books and papers, pursuant to Sections 34090 et.
seq. of the government code of the State of
California - Finance Department.
i. McDonald Sewer Project Connection Fee
1. Resolution confirming assessments for RES 247-07
sewer connection fee including the
construction fee and authorizing the
collection of assessments by Kern County
Tax Collector.
2. Agreements to pay sewer connection and
construction fee in installments and notice
of special assessment lien with:
a. William L. Lamas, 220 N. Stine Road AGR 07-389
b. Keith E. Gregoire & Paula G. AGR 07-390
Gregoire, 104 Dunlap Street
c. Rawland L. Sorensen, 120 Dunlap AGR 07-391
Street
j. McDonald Sewer Project Construction Fee
1.
Resolution confirming assessments for
sewer construction fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
RES 248-07
2. Agreement to pay sewer construction fee in
installments and notice of special
assessment lien with:
a.
Robert L. Hockett and Gene I.
Hockett, 144 Suzanne Street
AGR 07-392
Bakersfield, California, November 28, 2007 - Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
k. Sewer main line in McCutcheon Road between
Mountain Ridge Drive and Stine Road
1. Resolution dispensing with bidding RES 249-07
procedures due to emergency sewer
abandonment in McCutcheon Road between
Mountain Ridge Drive and Stine Road,
not to exceed $110,000
2. Agreement with Teichert Construction AGR 07-393
Company ($105,830) to abandon 33-inch
sewer line.
3. Appropriate $110,000 Sewer Enterprise
Fund balance to the Public Works
Department's Capital Improvement budget.
I. Property Abatements
1. Resolution confirming approval by the RES 250-07
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.
2. Resolution confirming approval by the RES 250-07
Assistant City Manager of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties for which
dangerous buildings have been demolished
and authorize collection of assessments
by the Kern County Tax Collector.
m. Resolutions adding the following territories to the
Consolidated Maintenance District and confirming
the assessments, approving the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
1. Area 1-78 (Brimhall, Calloway NW #2) RES 251-07
2. Area 5-41 (S. Union, E. Planz NW) RES 252-07
Bakersfield, California, November 28, 2007 - Page 5
4. CONSENT CALENDAR continued ACTION TAKEN
n. Resolution approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 491 consisting of 40.27 RES 253-07
acres, located on the east side of Jewetta
Avenue, north of Snow Road.
2. Annexation No. 551 consisting of 0.85 acres, RES 254-07
located on the east side of Cottonwood
Road, south of East White Lane.
o. Resolution of Intention No. 1573 to order vacation of RO/1573
a 20 foot wide sewer line easement at the southeast
corner at the intersection of Stine Road and White
Lane.
Resolution of Intention No. 1566 to order the RO/1566
p.
vacation of the 7.25 foot wide strip of land on
the Northeast corner of "M" Street and California
Avenue and "0" Street between California
Avenue and 14th Street and 13th Street between "N"
Street and "P" Street and "P" Street south of 13th
Street and 198.41 foot long, and 20 foot wide alley
north of California Avenue between "N" Street and
"0" Street and a 33 foot wide alley north of
California Avenue and between "0" Street and "P"
Street.
q. Resolution of Intention No. 1575 to order the RO/1575
vacation of an 18 foot wide Waiver of Direct
Access on Jewetta Avenue north of Birchhaven
Avenue.
r. Resolution of Intention No. 1576 to add territory, RO/1576
Area 3-76 (Panama, Progress SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
s. Resolution of Intention No. 1579 to order the RO/1579
vacation of a portion of the 20 foot wide alley
between "Q" Street and "R" Street and south of 23rd
Street.
4.
CONSENT CALENDAR continued
Bakersfield, California, November 28, 2007 - Page 6
t. Minimum Wage Salary Adjustments - Temporary
Salaries
1.
Amendment No. 16 to Resolution No. 44-93
setting salaries and related benefits for
the Temporary Unit.
Agreements:
u. Proposed Improvements at Rabobank Arena
1.
Agreement with Rossetti Associated, Inc.
($40,000) to conduct a feasibility study.
2. Appropriate and transfer $40,000 Transient
Occupancy Taxes fund balance to the
Capital Improvement Budget within the
Capital Outlay Fund to conduct a feasibility
study for proposed improvements at
Rabobank Arena.
v. Improvement Agreements
1.
Improvement Agreement with David R.
Wilson for Parcel Map 11671 located on the
north side of Brimhall Road west of Calloway
Drive.
2.
Amendment No.1 for Improvement
Agreement 06-146 with Ennis Homes, Inc.
for Tract 6056 Phase 6 located east of
Jewetta Avenue and North of Reina Road.
w.
Agreement with Bethany Services ($61,880) of
Emergency Shelter Grant (ESG) funds to support
the operating costs necessary to continue services
at the Bakersfield Homeless Center, 1600 East
Truxtun Avenue.
x.
Agreement with Alliance Against Family Violence
and Sexual Assault ($15,200) of Emergency Shelter
Grant (ESG) funds to support the operating costs
necessary to continue services.
y.
Agreement with Bakersfield Senior Center, Inc.
($65,000) of Community Development Block
Grant funds for operational expenses at 530 4th
Street.
ACTION TAKEN
RES 44-93(16)
AGR 07-394
AGR 07-395
AGR 06-146(1)
AGR 07-396
AGR 07-397
AGR 07-398
Bakersfield, California, November 28, 2007 - Page 7
4. CONSENT CALENDAR continued ACTION TAKEN
z. Agreement with Fore J. Development, LLC AGR 07-399
($308,000) for the purchase of real property DEED 6805
located at the southwest corner of Hosking Road
and State Highway 99.
aa. Reimbursement Agreement with Kern County Water AGR 07-400
Agency (KCWA)($1 ,300,000.00) to install 30-inch
Waterline in Auburn Street. (TRI P)
bb. Amendment No. 1 to Agreement No. 05-348 AGR 05-348(1}
increasing total compensation to Dresser
Services, Inc. ($15,000; revised not to exceed
amount of $65,000) for asbestos survey
reports.
cc. Amendment No. 1 to Agreement No. 06-344 with AGR 06-344(1}
Valley Business Printers, Incorporated
($60,000.00; revised not to exceed $120,000.00)
and extending the term one (1) year) for
printing Recreation Brochure for the Recreation and
Parks Department.
dd. Amendment No. 1 to Agreement No. 06-345 with AGR 06-345(1}
Valley Pacific Petroleum Services, Incorporated
($4,000,000.00; revised not to exceed
$8,000,000.00 and extending the term
for one (1) year for Gasoline and Diesel Fuel.
ee. Amendment NO.3 to Agreement No. 05-246 with AGR 05-246(3}
Hargis and Son ($140,000.00; revised not to exceed
$380,000.00 and extending term for one year) for
biosolids hauling and spreading.
ff. Contract Change Order No. 1 to Agreement No. 06- AGR 06-347 CC01
347 with Teichert Construction ($68,140.68; revised
not to exceed $3,255,255.68) for the project known
as 72" Sewer Construction WWTP #2 to Redbank
Road.
gg. Contract Change Order No. 1 to Agreement No. 07- AGR 07-369 CC01
369 with BV. Construction ($25,187.00; revised not
to exceed $196,647.00) for the project known as
City Farm Irrigation Line Relocation.
hh. Contract Change Order NO.4 to Agreement No. 07- AGR 07-028 CC04
028 with Wallace and Smith Contractors
($17,422.23; revised not to exceed $3,361,087.09)
for Fire Station NO.5 and Police Satellite Office
Project.
Bakersfield, California, November 28, 2007 - Page 8
4. CONSENT CALENDAR continued ACTION TAKEN
ii. 2008 Health Care Contracts:
1. Amendment NO.2 to Agreement No. 05-414 AGR 05-414(2)
with Blue Cross of California for
Indemnity Health and Dental Services.
2. Amendment NO.2 to Agreement No. 05-415 AGR 05-415(2)
with Blue Cross/California Care Health
Plans for Medical Services for employees
and retirees.
3. Amendment NO.2 to Agreement No. 05-416 AGR 05-416(2)
with Blue Cross of California for the
Medicare Risk Plan Senior Secure.
4. Amendment NO.2 to Agreement No. 05-417 AGR 05-417(2)
with Kaiser Permanente-Managed Care
Health Plan for medical services for
employees.
5. Amendment NO.2 to Agreement No. 05-418 AGR 05-418(2)
with Kaiser Permanente-Managed Care
Health Plans for Medical Services for
retirees.
6. Amendment NO.2 to Agreement No. 05-419 AGR 05-419(2)
with Medical Eye Services (MES) for Vision
Services.
7. Amendment No.2 to Agreement No. 05-420 AGR 05-420(2)
with Pacific Union Dental for pre-paid
Dental Services.
8. Amendment NO.2 to Agreement No. 05-421 AGR 05-421(2)
with Dedicated Dental Systems, Inc. for
pre-paid Dental Services.
9. Amendment NO.2 to Agreement No. 05-422 AGR 05-422(2)
with PacifiCare Behavioral Health of
California for Employee Assistance Program
(EAP).
10. Amendment No.2 to Agreement No. 05-423 AGR 05-423(2)
with PacifiCare Behavioral Health of
California for Emotional Health Care
Services.
4.
Bakersfield, California, November 28, 2007 - Page 9
CONSENT CALENDAR continued
Item 4.ii.11.
11.
Amendment No. 1 to Agreement No. 06-337
Independent Contractors Agreement
with Fort Dearbon Life Insurance Company
for Employee Life Insurance.
Bids:
jj.
Accept bid to award contract to Bakersfield Well and
Pump Company ($1,130,145.00) for drilling and
pump testing three domestic wells; CBK 53 located
within Tract 6328 in the vicinity of Panama Lane and
Mountain Vista Dr; CBK 54 located within Tract
6167 in the vicinity of Old River Rd, and Pacheco
Rd; and, CBK 55 located within Tract 6329 in the
vicinity of Harris Road and Old River Road.
kk.
Accept bid to award contract to Parsam
Construction ($755,500.00) for two domestic water
well block pumphouses; CBK-47 located at 8907
Rockefeller Ct., and CBK-49 located at 5700
Entrada Del Aqua.
II.
Accept bid to award contract to Parsam
Construction ($654,000.00) for two domestic water
well block pumphouses; Olcese 1 located at 16620
Panama Lane and Olcese 2 located at 17610
Panama Lane.
mm. Accept bid from Jim Burke ($359,503.82) for three
(3) replacements and one (1) additional stencil paint
truck for the General Services Division.
nn.
Accept bid to award contract to Bakersfield Floor
Covering, Inc. ($44,924.50) for Carpet and Tile for
the Borton Petrini Building, 1st Floor.
00. Accept bids from Broadway ($68,982.90) and West
Covina Motors, Inc. ($17,832.46) for two (2)
replacement and three (3) additional pickup trucks
(various departments). (Total of bids $86,815.36).
pp. Accept bid from Jim Burke Ford ($513,751.83) for
fourteen (14) replacement and eight (8) additional
four-door police special sedans for the Police
Department.
ACTION TAKEN
AGR 06-337(1)
AGR 07-401
AGR 07-402
AGR 07-403
AGR 07-404
Bakersfield, California, November 28, 2007 - Page 10
4.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
qq. Revised job specifications for GIS Analyst and
Network Systems Analyst.
rr. Transfer and appropriate $619,000 from the Old
Town Kern, Operating Fund to the Low-Mod
Housing Fund for the acquisition of property located
at 508 18th Street for the future development of
affordable housing.
ss. Community Development Block Grant and HOME
Investment Partnership Action Plan Amendment No.
2 (FY07/08) and Amendment NO.3 (FY06/07).
tt.
General Plan Amendment/Zone Change 06-0494;
Mcintosh and Associates, representing Douglas
De Berti and Sandye Deberti (property owner) has
applied for a general plan amendment and zone
change on 60 acres located on the east side of
Edison Road (future), ~ mile north of Breckenridge
Road.
CONTINUED TO NEXT
GPA CYCLE
1. Resolution denying the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
Petroleum) and OS (Open Space) to LR
(Low Density Residential) on 60 acres.
2. Resolution denying the amendment to Title
17 of the Municipal Code and amendment
to Zoning Map No.1 04-28 from A
(Agriculture) to R-1 (One Family Dwelling) on
60 acres.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Bakersfield, California, November 28, 2007 - Page 11
4.
CONSENT CALENDAR continued
City Clerk McCarthy announced a correction to
Consent Calendar item4.cc. changing the
amount to read $120,000, a correction to item
4.ii. to read, at the recommendation of the
Personnel Committee, "City Council approve the
agreements as recommended by staff with a thirty
day extension for the noted Blue Cross and Kaiser
agreements", item 4.ss. to read, "appropriate
$200,000.00 Home Investment Partnership Prior
Year Program Income to the Economic and
Community Development Operating Budget with
the home fund and with a notice of
correspondence received from Mr. Lamberson
regarding item 4.tt. in opposition to the staff
recommendation to continue the item.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 4.a. through 4.ft with corrections
announced by City Clerk McCarthy.
5. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change 07-1218;
Aaron Hashim, representing The Davis Family Trust
(property owner), has applied for a general plan
amendment and zone change on 22.46 acres,
located at the northwest corner of Gosford Road
and Berkshire Road (future alignment).
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HMR (High Medium
Density Residential) to OC (Office
Commercial) on 22.46 acres.
2.
First reading of Ordinance approving the
Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-29) of Title
Seventeen of the Municipal Code by
changing the zoning from R-2 (Limited
Multiple Family Dwelling Zone) to C-O/PCD
(Professional and Administrative
Office/Planned Commercial Development
Zone) on 22.46 acres.
ACTION TAKEN
APPROVED
AS COUCH
RES 255-07
FR
Bakersfield, California, November 28, 2007 - Page 12
5.
CONSENT CALENDAR HEARINGS
b. General Plan Amendment/Zone Change 07-1365;
Carl R. Moreland, representing Banducci Land, LLC
(property owner) has applied for a general plan
amendment and zone change on 45.4 acres,
located at the northwest corner of Gosford Road
and the future McKee Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LI (Light Industrial) on 45.4
acres.
2.
First Reading of Ordinance approving the
Negative Declaration, amending Title 17
of the Municipal Code and amending
Zoning Map No. 123-32 from A
(Agriculture) to M-1 (Light Manufacturing)
on 45.4 acres.
c. General Plan Amendment 07-1373; the City has
applied for a general plan amendment to
incorporate two (2) additional policy statements in
the Land Use element.
1.
Resolution approving the Notice of
Exemption and adopting the proposed
amendments to the Land Use element of
the Metropolitan Bakersfield General
Plan.
d. General Plan Amendment/Zone Change No. 07-
1535; the City has applied for a general plan
amendment and zone change on approximately
19.4 7 acres located along the south side of State
Route 178, east of Canteria Drive.
1.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment changing the land use
designation from HMR (High Medium
Density Residential) and MUC (Mixed Use
Commercial) to OS-P (Parks and
Recreation) on 19.47 acres.
ACTION TAKEN
RES 256-07
FR
RES257-07
RES 258-07
Bakersfield, California, November 28, 2007 - Page 13
5.
CONSENT CALENDAR HEARINGS continued
Item 5.d. continued
2.
First Reading of Ordinance approving the
Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 104-07 from R-S-2.5A
(Residential Suburban - 2.5 acre minimum
lot size) to RE (Recreation) on 19.47
acres.
e. General Plan Amendment 07-1469; the City has
applied for a general plan amendment to amend the
circulation map, located along Dr. Martin Luther
King Jr. Boulevard between East California Avenue
and East Brundage Lane.
1.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment changing the circulation
designation from an Arterial to a Collector
segment for Dr. Martin Luther King Jr.
Boulevard between East California
Avenue and East Brundage Lane.
f. General Plan AmendmenUZone Change 05-1420;
Bakersfield-Taft, LLC (property owner) has applied
for a general plan amendment and zone
change on 313:t: acres generally located in the
southwestern portion of Metropolitan Bakersfield
and it generally bounded by State Route 119 (SR-
119) (Taft Highway) on the north, Curnow Road to
the south, Old River Road to the east and Buena
Vista Road to the west.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan
AmendmenUZone Change No. 05-1420.
Resolution adopting the general plan
amendment changing the land use
designation from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential)
on approximately 235 acres and from R-IA to
LMR (Low Medium Density Residential) on
approximately 78 acres.
2.
ACTION TAKEN
FR
RES 259-07
RES 260-07
RES 261-07
5.
Bakersfield, California, November 28, 2007 - Page 14
CONSENT CALENDAR HEARINGS continued
Item 5.f. continued
3.
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 142-06 from A (Agriculture)
to R-1 (One Family Dwelling) zone on
approximately 235 acres and A to R-2
(Limited Multiple Family Dwelling) zone on
approximately 78 acres.
g.
General Plan Amendment/Zone Change 06-2053;
East West Developers, representing Malladi S.
Reddy (property owner) has applied for a general
plan amendment and zone change on
approximately 4.59 acres located on the northwest
corner of Alfred Harrell Hwy. and State Route 178.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate Residential) to
GC (General Commercial) on 4.59 acres.
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 104-15 from R-1 (One Family
Dwelling) to C-1/PCD (Neighborhood
Commercial/Planned Commercial
Development) on 4.59 acres.
h. General Plan Amendment 07-0619; Mcintosh &
Associates, representing Grubb Ellis-ASU &
Associates, has applied for a general plan
amendment on approximately 30 acres located
west of Old River Road, east of Green Road, and
approximately 1500 feet north of Taft
Highway.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential)
on approximately 30 acres.
City Clerk McCarthy announced correspondence
was received from staff regarding a modification to
the condition on item 5.1.
ACTION TAKEN
FR
REMOVED FOR
SEPARA TE
CONSIDERA TION
RES 262-07
Bakersfield, California, November 28, 2007 - Page 15
5.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
Hearings opened at 5:24 p.m.
No one spoke.
Councilmember Weir requested item 5.g. be
removed for separate consideration.
Hearings 5.a. through 5.h., with the removal of item
5.g. for separate consideration.
Motion by Vice-Mayor Hanson to approve staff
recommendations for Consent Calendar Hearing items
5.a. through 5.h., with the removal of item 5.g. for
separate consideration.
APPROVED
6. CLOSED SESSION
a. Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section
54957.6.
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:25 p.m.
APPROVED
Motion by Councilmember Scrivner to adjourn from
Closed Session at 6:34 p.m.
APPROVED
RECONVENED MEETING - 7:03 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham,
Weir, Couch, Sullivan, Scrivner
Absent:
None.
8. INVOCATION by Pastor Dennis A. Wells, Solid Rock
Baptist Church.
9. PLEDGE OF ALLEGIANCE by J.D. Houchin, 5th grade
student at Stockdale Christian School.
Bakersfield, California, November 28,2007 - Page 16
10.
CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section
54957.6.
11. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Ann
Olcott, Co-Chair of Bakersfield Masterworks Chorale
75th Anniversary Performance of Handel's Messiah,
proclaiming December 1, 2007 as "Bakersfield
Masterworks Chorale Day".
Ann Olcott accepted the Proclamation and made
comments. Additionally, Dr. Phil Dodson presented
a photograph of the original program from 1742 to
Mayor Hall.
12. PUBLIC STATEMENTS
a. Hector Rivas, Michael VanderNat and Timothy
Vance spoke regarding foreclosures, the HBPA and
provided written material.
b. Ricardo Sedeno spoke regarding Social Security
Number Applications, Department of Motor Vehicle
Applications and prior addresses.
c. LaQuette Milner spoke regarding the upcoming
shows and fundraisers for LQ's Performing Arts
Center.
d. Audrey Chavez spoke regarding World Aids Day.
e. Adrian Moore spoke regarding transportation
funding needs in the Greater Bakersfield Area.
13. REPORTS
None.
14. HEARINGS
a. General Plan Amendment and concurrent Zone
Change 02-0030; Castle and Cooke California
Commercial-CA Inc (property owner) has applied for
a general plan amendment, and concurrent zone
change on 73.53 acres located on the west side of
Gosford Road, between Pacheco Road on the
north, and Harris Road on the south for
development of the Gosford Village Shopping
Center.
ACTION TAKEN
NO REPORTABLE
ACTION
Bakersfield, California, November 28, 2007 - Page 17
14.
HEARINGS continued
Item 14.a. continued
1.
Resolution certifying the Final Environmental
Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0030,
known as the Gosford Village Shopping
Center and adopting related Findings of
Fact, Statement of Overriding
Considerations, and Mitigation Monitoring
and Reporting Program.
Resolution adopting the general plan
amendment changing the land use
designation from SI (Service Industrial) to
GC (General Commercial) designation on
73.53 acres.
2.
3.
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 123-20 from M-2 (General
Manufacturing) to a PCD (Planned
Commercial Development) to allow
development of a commercial retail shopping
center of a maximum of 700,000 square feet
multiple tenant shopping center on
73.53 acres.
City Clerk McCarthy announced Correspondence
was received from Staff regarding a correction to
Condition No. 23. Additionally, correspondence was
received regarding Hearing item 14.a., reflecting
nine people in support of the project and three
people opposing the project.
Councilmember Couch announced he would abstain on
Hearing items 14.a. and 14.b. due to a potential and
foreseeable financial affect on his economic interest.
Development Services Director Grady made staff
comments.
Hearing opened at 7:36 p.m.
Renee Nelson and Ramona Thomas spoke in
opposition to the staff recommendation.
ACTION TAKEN
RES 263-07
RES 264-07
FR
Bakersfield, California, November 28, 2007 - Page 18
14.
HEARINGS continued
Item 14.a. continued
Roger Mcintosh, Mcintosh & Associates, on behalf
of Castle & Cooke Commercial California, Mary
Jane Wilson, President, WZllnc. (submitted written
material), Aaron Rios, Senior Manager of Public
Affairs for Walmart, Moses Stites, CalTrans
Department of Transportation, Debbie Kent and Irvin
Roach spoke in favor of the staff recommendation.
Hearing closed at 8:01 p.m.
Motion by Vice-Mayor Hanson: "General Plan
Amendment and Concurrent Zone Change 02-0030,
Castle & Cooke California Commercial, California Inc.,
the property owner, has applied for a General Plan
Amendment and a Concurrent Zone Change of 73.53
acres located on the west side of Gosford Rd., between
Pacheco Rd. on the north and Harris Rd. on south, for
development of the Gosford Village Shopping Center.
My motion is to approve the Resolution certifying the
Final Environmental Impact Report for General Plan
Amendment and Zone Change number 02-0030 known
as the Gosford Village Shopping Center and adopting
the related Findings of Fact, Statement of Over-Riding
Considerations and Mitigation Monitoring and
Reporting Program. Two: Resolution adopting the
General Plan Amendment changing the land use
designation from Service Industrial to General
Commercial designation on 73.53 acres. Three: First
Reading of Ordinance amending Title 17 of the
Municipal Code and amending Zoning Map number
123-20 from M-2 General Manufacturing to a Planned
Commercial Development to allow development of a
commercial retail shopping center of a maximum of
700,000 square feet multiple tenant shopping center on
73.53 acres and incorporating the November 27, 2007
memo from Stan Grady to the Mayor and City
Councilmembers. II
Recess taken from 8:13 p.m. to 8:24 p.m.
City Clerk McCarthy announced the official vote for
the last item, 14.a. was six ayes with
Councilmember Couch absent.
ACTION TAKEN
APPROVED
AS COUCH
Bakersfield, California, November 28, 2007 - Page 19
14.
HEARINGS continued
b. General Plan Amendment and concurrent Zone
change 02-0193; Panama 99 LLC (property
owner) has applied for a general plan amendment
on 36.94 acres, and concurrent zone change on
37.52 acres located on the east side of State Route
99 and north side of Panama Lane, for the
development of the Panama Lane Shopping Center.
1.
Resolution certifying the Final Environmental
Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0193,
known as the Panama Lane Shopping
Center, adopting related Findings of Fact,
Statement of Overriding considerations
and Mitigation Monitoring and Reporting
Program
2.
Resolution adopting the general plan
amendment changing the land use
designations from LR (Low Density
Residential) on 33.94 acres, and OS-P
(Open Space-Park) on 3 acres to a GC
(General Commercial) designation.
3.
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 123-24 from MH (Mobile
Home) zone on 36.94 acres and 0.58 acres
from a C-2 (Regional Commercial) zone to a
PCD (Planned Commercial Development), to
allow development of a 434,063 square foot
commercial multiple
tenant retail shopping center 37.52 acres.
City Clerk McCarthy announced correspondence
was received regarding Hearing item 14.b.,
reflecting nine people in support of the project and
three people opposing the project.
Development Services Director Grady made staff
comments.
Hearing opened at 8:38 p.m.
Renee Nelson spoke in opposition to the staff
recommendation and provided written material.
ACTION TAKEN
RES 265-07
RES 266-07
FR
Bakersfield, California, November 28, 2007 - Page 20
14.
HEARINGS continued
Item 14.b. continued
Lee Jamison, Developer of the Panama & Hwy. 99
Shopping Center, Mary Jane Wilson, President, WZI
Inc. (requested the letter she submitted for the
previous hearing be included in the record for this
hearing), Aaron Rios, Senior Manager of Public
Affairs for Walmart (requested the comments he
made for the previous hearing be included as part of
the record for this hearing), Moses Stites, CalTrans
Department of Transportation and Harry Fenske,
White Lane Walmart Manager.
Renee Nelson spoke in rebuttal opposition to the
staff recommendation.
Harry Fenske, White Lane Walmart Manager, spoke
in rebuttals support of the staff recommendation.
Hearing closed at 9:04 p.m.
Motion by Councilmember Scrivner: "I move that this
Council approves the staff recommendation, which is
the adoption of a Resolution certifying the Final EIR,
adopting Findings of Fact, Statement of Overriding
Considerations and the Mitigation Monitoring and
Reporting Program, and adoption of a Resolution
approving proposed General Plan Amendment and
First Reading of the Ordinance. II
c. General Plan Amendment/Zone Change 07-1193;
Mcintosh & Associates, representing Fairfax
Holdings LP (property owner) has applied for a
general plan amendment and zone change on 78.64
acres located at the northeast corner of South
Fairfax Road and East Wilson Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation for ER (Estate Residential), SR
(Suburban Residential), and RR (Rural
Residential) to LR (Low Density Residential)
on 78.64 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending
Section 17.06.020 (Zone Map No. 124-17) of
Title Seventeen of the Bakersfield
Municipal Code to R-1 (One Family Dwelling
Zone) on 78.64 acres.
ACTION TAKEN
APPROVED
AS COUCH
RES 267-07
FR
Bakersfield, California, November 28,2007 - Page 21
14.
HEARINGS continued
Item 14.c. continued
Staff comments by Development Services Director
Grady.
Hearing opened at 9:12 p.m.
Roger Mcintosh, Mcintosh & Associates, on behalf
of Fairfax Holdings, LP, spoke in support of the staff
recommendation.
Hearing closed at 9:13 p.m.
Motion by Councilmember Carson to approve the staff
recommendation adopting the Resolution approving
the Negative Declaration and the proposed General
Plan Amendment and give First Reading to the
Ordinance.
d.
General Plan Amendment/Zone Change 05-1580
(Ten Section), Jim Manley, representing 10 Section
LLC (property owner) has applied for a general plan
amendment and zone change on 220-acres located
on the south of Panama Lane and east of Nord
Avenue. Jim Manley has appealed the Planning
Commission decision.
1. Resolution denying the appeal and the
general plan amendment changing the land
use designation from R-MP (Resource -
Mineral and Petroleum) and OS (Open
Space) to LR (Low Density Residential) on
220-acres.
2. Resolution denying the appeal and the Zone
Change from A (Exclusive Agriculture)
to R-1 (One Family Dwelling) on 220-acres.
City Clerk McCarthy announced correspondence
was received from James M. Manley, requesting the
tem be continued to the first available General Plan
Cycle.
Staff comments by Development Services Director
Grady.
Hearing opened at 9:16 p.m.
No one spoke.
Hearing closed at 9:16 p.m.
ACTION TAKEN
APPROVED
ASS COUCH
CONTINUED TO FUTURE
GPA CYCLE
Bakersfield, California, November 28, 2007 - Page 22
14.
HEARINGS continued
Item 14.c. continued
Motion by Vice-Mayor Hanson to continue the item to
the next available GPA Cycle.
5.
General Plan Amendment/Zone Change 06-2053;
East West Developers, representing Malladi S.
Reddy (property owner) has applied for a general
plan amendment and zone change on
approximately 4.59 acres located on the northwest
corner of Alfred Harrell Hwy. and State Route 178.
g.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate Residential) to
GC (General Commercial) on 4.59 acres.
First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map NO.1 04-15 from R-1 (One Family
Dwelling) to C-1/PCD (Neighborhood
Commercial/Planned Commercial
Development) on 4.59 acres.
2.
Staff comments by Development Services Director
Grady.
Hearing opened at 5:24 and continued to 9:18 p.m.
Carl Moreland, Civil Engineer, on behalf of East
West Developers, spoke in favor of the project.
Hearing closed at 9:19 p.m.
Motion by Councilmember Weir to adopt the Resolution
approving the Negative Declaration, adopting the
General Plan Amendment changing the land use
to designation ER to GC, proceed and give First
Reading to the Ordinance approving the Negative
Declaration amending Title 17 of the Municipal Code
and amending Zoning Map 104-15 from R1 to C1 on
4.59 acres, with the addition of a condition that prior to
issuance of a building permit final site plan
approval, including building elevations and
landscaping shall be reviewed at an advertised public
hearing before the City Council and shall include
design elements an building placement within an
internal focus for building access and circulation.
ACTION TAKEN
APPROVED
ASS COUCH
RES 268-07
FR
APPROVED
ASS COUCH
Bakersfield, California, November 28, 2007 - Page 23
15.
NEW BUSINESS
ACTION TAKEN
None.
16. MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner requested the Legislation and
Litigation Committee address the Ordinance
regarding massage and massage parlors and provided
a citizen letter concerning the subject.
Councilmember Scrivner requested the Legislation and
Litigation Committee address the issue of big rig
parking within the City limits and analyze the feasibility
of increasing fines so the fine amount exceeds the cost
of legal parking in the City.
Councilmember Benham requested staff respond to a
citizen letter regarding downtown Christmas lights and
provided contact information.
Councilmember Benham requested staff respond to a
citizen letter regarding dust in a neighborhood and
provided contact information.
Councilmember Benham requested staff respond to
correspondence regarding an RFP for Worker's
Compensation Insurance and keep her apprised of the
situation.
Councilmember Carson reminded everyone of the Joint
City/County Gang Meeting tomorrow at 10:00 a.m. in City
Hall.
Councilmember Carson requested information from
EDCD staff regarding the status of Enterprise Zones.
Vice-Mayor Hanson requested Chief Rector provide
information regarding crime in the Silver Creek area.
Vice-Mayor Hanson thanked Chief Fraze for responding to
his request regarding notification of residents when
authorized fireworks are planned. Chief Fraze made
comments.
Bakersfield, California, November 28, 2007 - Page 24
17. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 9:28 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:ICounciIIMINUTES\2007INovember 28.doc