HomeMy WebLinkAbout05/19/10_CC_AGENDA_PACKETi 1 im1h A BAKERSFIELD CITY COUNCIL
: AGENDA
MEETING OF MAY 19, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
I . ROLL CALL
2. INVOCATION by Chaplin Kerry Bulls, Bakersfield Heart Hospital Chapel.
3. PLEDGE OF ALLEGIANCE by Bryce Bolender, Kindergarten student at Lakeside Elementary.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Jay Rosenlieb, Vice President,
Bakersfield Sports Foundation, declaring May 20, 2010 Amgen Tour Day.
b. Presentation by Mayor Hall of a Proclamation to Jennifer Cantelmi-Baker, Owner,
Little White Dress, and Tina Cantelmi, property owner, honoring their beautification
efforts in downtown Bakersfield.
5.
PUBLIC STATEMENTS
6.
WORKSHOPS
7.
APPOINTMENTS
8.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 5, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from April 23, 2010 to May 6, 2010 in the
amount of $13,139,428.63 and self-insurance payments from April 23, 2010 to
May 6,2010 in the amount of $609,797.31.
Ordinances:
C. First Reading of Ordinance amending Section 2.28.090 of the Municipal Code
relating to Board of Zoning Adjustment Membership.
(ward 4) d. Adoption of Ordinance amending Municipal Code Section 1. 12.040 by adding
Annexation No. 611 consisting of 6.72 acres located on the north side of Rosedale
Highway, east of Jenkins Road and Annexation No. 614 consisting of 34.64 acres
located at the northeast corner of Jenkins Road and Rosedale Highway to Ward 4.
(FR 05105110)
Resolutions:
e. Amendment No. 3 to Resolution No. 140-08 approving Memorandum of
Understanding for Employees of the Blue and White Collar Units and adopting salary
schedule and related benefits.
8. CONSENT CALENDAR continued
f, Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's Report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector,
(Ward1,2,6) g, Resolutions adding territory to the Consolidated Maintenance District, confirming the
assessments, approving the Public Works Director's Reports and authorizing
collection of assessments by the Kern County Tax Collector for the following:
1, Area 2-44 (6320 District Boulevard)
2, Area 4-95 (1818 Dracena Street)
3. Area 5-59 (2424 Cottonwood Road)
(Ward 3) h, Resolution of Intention No. 1666 to order the vacation of the 40' pedestrian
easement located at the south end of Morocco Court as dedicated on the Final
Map for Tract 4624,
I. Resolution of Intention No. 1667 preliminarily adopting, confirming and approving the
Public Works Director's Report for the consolidated Maintenance District (CMD) and
its 2010-2011 budget; setting time and place for hearing protests on the amount of
park landscaping assessments to be levied throughout the CMD,
j. Resolution of Intention No, 1668 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District (CMD) and
its 2010-2011 budget, setting time and place for hearing protests on the amount of
street and median landscaping assessments to be levied throughout the CMD.
k. Resolution of Intention No, 1669 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Traffic Signal Maintenance District (TSMD) and
its 2010-2011 budget; setting time and place for hearing protests on the amount of
traffic signal assessments to be levied throughout the TSMD.
Agreements:
(Ward 2,4,5,6) I. Amendment No. 3 to Agreement No, 05-008 with Kennedy/Jenks Consultants
($170,000; revised not to exceed $507,900) to prepare final design engineering and
bid package for the Stine Road Finish Water Pipeline Project related to the South
Bakersfield Water Treatment Plant.
(Ward 2) M. Contract Change Order Nos, 15 - 19 to Agreement No, 09-031 with Elite Landscaping
($29,820.55; revised not to exceed $3,573,770.69) for the Mill Creek Linear Park Phases
2, 4, 5A and 5B Project,
(Ward 2,4,5) n, Contract Change Order Nos. 2 and 3 to Agreement No, 09-076 with Security Paving
Co„ Inc. ($791,760.15; revised not to exceed $77,952,635.22) for construction of
Westside Parkway Phase II Project. (TRIP)
2 City Council Meeting of 5/19/2010
8. CONSENT CALENDAR continued
(Ward 6) o. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 12 to Agreement No. 07-302 with Kiewit Pacific
Corp. ($310,871; revised not to exceed $219,022,320) for project.
2. Transfer $285,725 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department Capital Improvement
Budget.
3. Appropriate $25,146 Sewer Enterprise Fund Balance (Wastewater Treatment
Plant No. 3) to the Public Works Department Capital Improvement Budget.
Bids:
P, Accept bid and award annual contract to Burtch Construction (not to exceed
$652,750) to provide and apply asphalt rejuvenator and sealant.
q. Accept bid and award annual contract to Pavement Recycling Systems, Inc. (not to
exceed $146,000) for cold planing.
Staff recommends adoption of Consent Calendar items 8. a. through 8. q.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
(word a)• a. General Plan Amendment/Zone Change No. 09-0263 (Stockdale Ranch); McIntosh &
Associates, representing Castle & Cooke CA, Inc. and Bolthouse Properties (property
owners) has applied for amendments to the General Plan, Circulation Element and
Western Rosedale Trails Plan and zone change on approximately 564± acres located
south of Stockdale Hwy, north of Cross Valley Canal, west of City limits at Claudia
Autumn Dr, and east of the future extension of Nord Ave. (Hearing opened and
continued at 05105110 meefing.)
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for GPA/ZC No. 09-0263.
2. Resolution adopting the general plan amendment changing the land use
designations from ER (Estate Residential), UER (Urban Estate Residential), GC
(General Commercial) and SR (Suburban Residential to LR (Low Density
Residential), HR (High Density Residential), LMR (Low Medium Residential), HMR
(High Medium Density Residential), GC (General Commercial), OC (Office
Commercial), OS-P (Parks and Recreation Facilities) and R-MP (Mineral
Petroleum and Minimum 5-acre Parcel/Dell Site), changing the Circulation
Element and the Western Rosedale Trails Plan.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and
Zoning Maps by changing the zoning from A (Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling),
C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-O/PCD
(Administrative and Professional Office/Planned Commercial Development,
OS (Open Space) and DI (Drilling Island).
Staff recommends adoption of resolutions and give first reading to ordinance.
3 City Council Meeting of 5/19/2010
11. REPORTS
a, Department Budget Presentations;
1, General Government
2, Finance Department
3, City Attorney
4. Water Resources
5, Economic/Community Development
6, Rabobank Arena
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. CLOSED SESSION
a, Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956,9 for the following cases;
1, City v, Wanamaker, et al, - KCSC Case No. S-1500-CV-264881 SPC
2. City v, Big West of California, etc„ et al. - KCSC Case No, S-1500-CV-260449
WDP
3, Bakersfield Redevelopment Agency v. Whitlock Property, LLC, et al, - KCSC
Case No, S-1500-CV-265174 SPC
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter)
C, Conference with Labor Negotiator pursuant to Government Code Section 54957,6.
RECESS TO CLOSED SESSION
16. CLOSED SESSION ACTION
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
5/12/10 3:00pm
4 City Council Meeting of 5/19/2010
AGENDA HIGHLIGHTS
May 19, 2010 COUNCIL MEETING
REGULAR MEETING - 5.15 m
CONSENT CALENDAR
Resolutions
Item Be. Amendment No. 3 to the Resolution Approving the Memorandum of
Understandina for Employees of the Blue and White Collar Units. The members of SEIU,
Local 521, have ratified a change to their MOU to assist with the City's unprecedented
budgetary problems. They have agreed to extend their current MOU to December 31,
2012; defer a 2% COLA from December 2010 to December 2011; and defer a 2% COLA
from September 2011 to July 2012. We thank the Blue and White Collar employees for
their continued understanding and cooperative action during these extraordinarily
difficult times.
Item 8n. Contract Change orders with Security Paving Company(SPC) for the
Westside Parkway Protect - Phase IICTRIP). When this project was bid In 2009, the design
work was not fully complete. However, we were under time constraints to "use or lose"
the STIP funding. In addition, the advantage of a very favorable bid climate allowed us
to extend the project limits from Calloway to Allen. Given those conditions, we expect
this project will include significant change orders as construction progresses. We have
provided the budget to deal with them, so it will not be a financial problem. This Item
requests approval of Change Order Nos. 2 and 3, In the total amount of $791,760.15
(not to exceed $77,952,635.22), consisting of Change Order No. 2 ($755,115.29) for the
added costs of the foundations and concrete block and Change Order No. 3
($36,644.86) for the additional reinforcing steel costs. Staff and SPC concur on the costs
in Change Order No. 2, but have not reached agreement on the costs for Change
Order No. 3. However, staff recommends that the City Council approve both change
orders at this time, in order to avoid project delay. If SPC submits sufficient justification
on a cost revision for the steel, It will be handled appropriately at that time.
Item 8o. Contract Chance Order with Kiewit Pacific Corporation for the Wastewater
Treatment Plant #3 - 2007 Expansion Protect With project completion anticipated in
June, 2010, this Item requests approval of Change Order No. 12, in the amount of
$310,871 (not to exceed $219,022,320) attributable to unknown site conditions and
required design revisions. Also requested is approval to transfer the remaining
contingency funds for this project In the amount of $285,725 to the Public Works Capital
Improvement Budget, and the appropriation of $25,146 from the Sewer Enterprise Fund
to fully cover the change order. The cumulative change orders to date for this project
represent a 3.79% increase of the original contract; the total costs of change orders are
expected to be less than the Industry standards for projects of this complexity and
magnitude.
CONSENT CALENDAR PUBLIC HEARINGS
One General Plan Amendment/Zone Change for Stockdale Ranch was continued from
the May 5, 2010 City Council meeting. This item requests a GPA/Zone*Change on 564
acres, located south of Stockdale Highway, north of the Cross Valley Canal, west of the
City limits at Claudia Autumn Drive, and east of the future extension of Nord Avenue.
This project would allow for residential, general commercial and business park uses and
reserves an open space - parks area. It also involves the relocation of collector and
local roadways, and a multi-use trail alignment to parallel the south side of Claudia
Autumn Drive. The requested modifications were recommended for approval by the
Planning Commission. The Sierra Club opposed the request (their comments have been
included in the record). The applicant has agreed to all the conditions and mitigation
for the project. Upon annexation, this project would be located In Ward 4.
Department Budget Presentations. General Government (which includes the City
Manager's Divisions and the Mayor and City Council budgets), Finance, City Attorney,
Water Resources, EDCD, and Rabobank Arena will provide a detailed overview of their
FY 2010/11 proposed budgets.
There will be a conference with Legal Counsel regarding three (3) matters of existing
litigation, one (1) case of potential litigation, and a conference with the labor
negotiator.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 19, 2010 Council Meeting
Page 2
~A
014
!
~ s
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 19, 2010 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD&
DATE: May 7, 2010 CITY ATTORNEY p
CITY MANAGER DS
SUBJECT: Presentation by Mayor Hall of a Proclamation to Jay Rosenlieb, VP of the Bakersfield
Sports Federation, declaring May 20th as Amgen Tour Day in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
BA
ycowoe„ S
U d ADMINISTRATIVE REPORT
IF
MEETING DATE: May 19, 2010 AGENDA SECTION: Presentations
ITEM: , b,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: May 7, 2010
APPROVED
DEPARTMENT HEA 1y~-t7
CITY ATTORNEY
CITY MANAGER /W
SUBJECT: Presentation by Mayor Hall of a Proclamation to Jennifer Cantelmi-Barker, owner of the
Little White Dress, and Tina Cantelmi, property owner, honoring their beautification efforts
in downtown Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
May b, 2010
Approval of Minutes of the May 5, 2010 Regular Council Meeting.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
pl
pB ; K
ADMINISTRATIVE REPORT
IFO
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. b
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 7, 2010
APPROVED
DEPARTMENT HEAD_~V~_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from April 23, 2010 to May 6, 2010 in
the amount of $13,139,428.63 and Self Insurance payments from April 23,
2010 to May 6, 2010 in the amount of $609,797.31.
RECOMMENDATION:
Staff recommends approval of payments totaling $13,749,225.94
BACKGROUND:
KLG
May 7, 2010, 10:17AM
SAKim GWDMIN COUNCIL-ADMIN -AP-2010WDMIN-AP 051910.doc
T A
ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8,g,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 27, 2010
First Reading of Ordinance Amending Section 2.28.090 Relating to Board of Zoning
Adjustment Membership.
APPROVED
DEPARTMENT HEAD-,462----
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendment.
BACKGROUND:
This amendment modifies the section to make the appointment of an alternate for the
Economic Development Director consistent with other departments, and gives the City Manager
authority to designate an alternate from that department in the event there is no assistant
director or the position no longer exists.
J H R:Isc
April 27, 2010, 11:31 AM
SACOUNCILWdmins109-10 Admins12.28.090BZA.doc
BA+
U ADMINISTRATIVE REPORT
1 ~L0
MEETING DATE: May 19, 2010
TO: Honorable Mayor and City Council
AGENDA SECTION: Consent Calendar
ITEM: 4 -I
FROM: Jim Eggert, Planning Director
DATE: May 6, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section §1.12.040
by adding Annexation No. 611 consisting of 6.72 acres, located on the north side
of Rosedale Highway, east of Jenkins Road and Annexation No. 614 consisting of
34.64 acres, located at the northeast corner of Jenkins Road and Rosedale
Highway to Ward 4. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 5, 2010.
This ordinance amends the ward boundaries to Include Annexations 611 and 614 into the
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 611 is located along on the north side of Rosedale Highway, east of Jenkins
Road. The annexation territory consists of undeveloped land. The property owner proposes an
office commercial development on the 6.72 acre site. The property owner requested
annexation for development purposes and to receive city services. This area will be Included
into Ward 4.
Annexation No. 614 is located at the northeast corner of Jenkins Road and Rosedale Highway.
The annexation territory is undeveloped and adjacent to Annexation No. 611. The property
owner proposes retail and office commercial development on the 34.64 acre site. The
property owner requested annexation for development purposes and to receive city services.
This area will be included Into Ward 4.
S:\Annexation \Ordinances\2010\Admin adopt-5-19-10 611 & 614,DOC
BA 14
ADMINISTRATIVE REPORT
L1 0
MEETING DATE: May 19, 2009 AGENDA SECTION:
ITEM: 8, e, Consent Calendar
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 11, 2010
SUBJECT: Amendment No. 3 to Resolution No.
Understanding for Employees of the Blue
Salary Schedule and Related Benefits.
RECOMMENDATION:
1. Staff recommends adoption of the Resolution.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
140-08 Approving Memorandum of
and White Collar Units and Adopting
2. Express the thanks of the City of Bakersfield to the SEIU Local 521 Collective Bargaining Unit
and to the Blue and White Collar Employees for deferring their scheduled pay increases to
assist in reducing the City's budget shortfall.
BACKGROUND:
On August 8, 2008, the City Council adopted Resolution No. 140-08, approving the Memorandum
of Understanding (MOU) for employees of the Blue and White Collar Units. This MOU provided for
a three-year agreement, effective January 1, 2008 through December 31, 2010, and also for cost
of living adjustments (COLA) as detailed below:
• 3% effective December 24, 2007;
• 1 % effective July 7, 2008;
• 4% effective December 22, 2008; and
• 4% effective December 21, 2009.
Due to declining City revenues, resulting from an economic downturn the likes of which have not
been seen since the Great Depression, the City Council adopted Amendment No. 2 to
Resolution 140-08 on April 22, 2009. Through an agreement with SEIU Local 521, Amendment No.
2 provided for an extension of the MOU to December 31, 2011, redefined "bumping" procedures,
restricted mandatory furloughs and delayed the 4% COLA due December 21, 2009. The
December 21, 2009 4% COLA was adjusted to provide for 2% effective December 2010 and 2%
effective September 2011.
Since the time that the Council took this action, the City's financial conditions have continued to
deteriorate, prompting the Council to implement continued budget adjustments in order to
May 12, 2010, 11:56AM
S:Wdmin Rpts\2010\Blue_White pay deferral 5_19_10.docx
ADMINISTRATIVE REPORT
reduce costs accordingly. As a result, staff was directed to initiate negotiations with SEIU Local
521 to further delay the 2% COLA due December 2010. Understanding the current financial
circumstances of the City, SEIU Local 521 and the Blue and White Collar Employees agreed to
once again amend their MOU. Amendment No. 3 to Resolution No. 140-08 will provide for the
following:
• Extend the MOU to December 31, 2012;
• Grant 2% COLA effective December 19, 2011;
• Grant 2% COLA effective July 2, 2012.
We appreciate the continued understanding and cooperation of the Blue and White Collar
Employees, as demonstrated by this action. By deferring these cost of living adjustments, they
have helped the City save jobs and close a budget shortfall in excess of $8 million.
May 12, 2010, 2:51 PM
S:1Admin Rpts\2010\13lue_White pay deferral 5_19_10.docx
A
ADMINISTRATIVE REPORT
Evil
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent
ITEM 8. f ,
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: April 30, 2010
SUBJECT: Property Abatements
P
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on May 10, 2010, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of
the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris
and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director,
the Director Issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Cnrsnn
1. 231 Augusta Street
2. 904 Bradshaw Street
3. 208 Clyde Street
4. 423 S. Haley Street
5. 340 Kincaid Street
018-230-21
$
1,029.00
170-141-01
$
809.00
018-350-09
$
105.00
019-072-13
$
300.00
018-140-01
$
105.00
April 30, 2010, 10:57AM
S:\Dana\ADMINS\2010\May\5-19-Property Abatement.doc
ADMINISTRATIVE REPORT
Page 2 of 3
PROPERTY LOCATION APN COST
Ward I /Counciimember Irma Carson
6.
233 L Street
010-260-02
$
105
00
7.
801 Littlejohn Avenue
413-201-20
$
.
105
00
8.
5501 Mar Grande Avenue
173-580-21
$
.
105
00
9.
1026 R Street
009-070-19
$
.
105
00
10.
809 V Street
009-504-11
$
.
1,599.00
11.
1001 Watts Drive
170-132-08
$
105.00
12,
1301 2nd Street
010-311-04
$
105
00
13.
1425 E. l Om Street
018-061-09
$
.
300.00
Ward
2/Counciimember Sue Benham
14.
3815 K Street
120-060-08
$
300.00
15.
1800 Maple Avenue
007-194-16
$
300.00
16.
1718 Tulare Street
012-380-22
$
990.00
17.
530 301h Street
002-082-15
$
885.00
18.
709 32nd Street
002-051-23
$
300.00
Word
3/Counciimember Ken Weir
19.
Vacant lot behind 4000 Fulton Avenue
146-041-34
$
844.00
Ward
4/Counciimember David Couch
20.
12618 Knights Bridge Place
528-192-03
$
105.00
21.
10603 Yosemite Falls Avenue
525-262-16
$
105.00
Ward
5/Counciimember Harold Hanson
22,
9201 Campus Park Court
392-280-23
$
105.00
23.
11119 Golden Valley Drive
497-264-04
$
300.00
24.
10603 Grand Prairie Drive
497-245-09
$
105.00
25.
6309 Lost Peak Court
497-252-10
$
105.00
Ward
6/Couciimember jacauie Sullivan
26.
2900 Hallisey Street
441-051-16
$
105.00
27,
7002 Slickrock Drive
498-582-09
$
105.00
28.
7014 Slickrock Drive
498-582-07
$
105.00
29.
3800 Soranno Avenue
440-171-12
$
105.00
30.
5408 Thyme Lane
384-091-21
$
105.00
31.
3632 Truman Court
441-262-25
$
300.00
Ward
7/Counciimember Zack Scrivner
32.
4400 Balboa Drive
171-182-13
$
105.00
33.
4411 Balboa Drive
171-183-07
$
105.00
April 30, 2010, 10:57AM
S:\Dana\ADMINS\2010\May\5-19-Property Abatement.doc
ADMINISTRATIVE REPORT
Page 3 of 3
34,
810 Berkshire Road
516-261-01
$
105
00
35.
2100 Cromwell Court
023-225-06
$
.
300
00
36,
4413 Monitor Street
171-112-12
$
.
105.00
The owners of the above-mentloned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance, As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs Incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager or his designee and to object to the correctness of the costs Incurred by the City to
remove the public nuisance. The Assistant City Manager has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs Incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
April 30, 2010, 10:57AM
S:\Dana\ADMINS\2010\May\5-19-Property Abatement.doc
ADMINISTRATIVE REPORT
q~IF
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6, a
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 4, 2010
APPROVED
DEPARTMENT HEAD CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions adding territories to the Consolidated Maintenance District, confirming the
assessments, approving the Public Works Director's Reports and authorizing collection of
assessments by the Kern County Tax Collector:
1- Area 2-44 (6320 District Boulevard) Ward 6
2. Area 4-95 (1818 Dracena Street) Ward 2
3. Area 5-59 (2424 Cottonwood Road) Ward 1
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On April 21, 2010, the Council adopted Resolution of Intention Nos. 1664, 1665, and
1663 adding the above territories to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones of
benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been
installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition
218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
have also 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.
S:\GR0UPDAT\ADMINRPT\2010\05-19\Res Estab MD 2-44, 4-95, 5-59 Admin.doc
AK
O~ ~mvw.~~s
ADMINISTRATIVE REPORT
LIF
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: A h
TO: Honorable Mayor and City Council
APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD:,..
DATE: May 4, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1666 to order the vacation of the 40' pedestrian
easement located at the south end of Morocco Court as dedicated on the Final
Map for Tract 4624. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the 40' pedestrian
easement located at the south end of Morocco Court as dedicated on the Final Map for Tract
4624.
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 City sewer and storm drain facilities in
this area. The City will retain the 40' storm drain and sewer easement as dedicated on the
Final Map for Tract 4624.
The utility companies serving the area have been notified by mail. There has been no
objection 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 vacation. Public Works has received one objection from these owners as of the
date of this report. This objection was received from the owner of 2724 Morocco Court.
The applicant has been notified that they will be responsible for closing the pedestrian access
via either construction of a wall or fence.
The proposed vacation was approved by the Planning Department on April 29, 2010 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan
pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
This Resolution sets the Public Hearing date for the regular Council meeting of June 30, 2010,
on the proposed vacation.
May 4, 2010, 11:06:13 AM
G \ GROUPDAT\ ADMINRPT\ 2010 \ 05-19\ MOROCCO CT PEDESTRIAN EASEMENT VACATION
A
ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8, r.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 5, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1667 preliminarily adopting, confirming and approving
the Public Works Director's Report for the Consolidated Maintenance District (CMD)
and its 2010-2011 budget; setting time and place for hearing protests on the
amount of park landscaping assessments to be levied throughout the Consolidated
Maintenance District. (All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated
Maintenance District at the time of their formation. The Legal Description (Exhibit "A"), the Map
and Assessment Diagram (Exhibit "B"), the Benefit Formula (Exhibit "C"), and the Assessor's Roll
(Exhibit "E") for all territories of the CMD are on file in the City Clerk's Office with their respective
Council Resolutions passed by the Council previously.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2010-
2011 budget for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on
Park Maintenance and Street Landscaping Assessments which enables the City to collect
additional revenue for the maintenance of street and median landscaping and park
maintenance within the Consolidated Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that
benefit from public parks and/or street landscaping shall be assessed, consistent with the
requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05.
Said amounts shall be increased annually by the cost of living increase reflected in the Los
Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The
rates will remain at the 2004-2005 level. The proposed 2010-2011 budget for the CM D, Exhibit "B"
is attached to this Resolution of Intention.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 9, 2010, at
5:15 P.M.
G:\GROUPDAT\ADMINRPT\2010\05-19\Admin ROI Park CMD 10-1 l.docx
o~13:;;EC's
ADMINISTRA
TIVE REPORT
10
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: 9
TO: Honorable Mayor and City Council
FROM: Raul M, Rojas, Public Works Director
DATE: April 30, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER--
SUBJECT: Resolution of Intention No, 1668 preliminarily adopting, confirming and approving
the Public Works Director's Report for the Consolidated Maintenance District (CMD)
and its 2010-2011 budget; setting time and place for hearing protests on the
amount of street and median landscaping assessments to be levied throughout the
Consolidated Maintenance District. (All Wards),
RECOMMENDATION: Staff recommends adopting the Resolution
BACKGROUND: This year all new territories were added directly to the Consolidated
Maintenance District (CMD) at the time of their formation, The Legal Description (Exhibit "A"), the
Map and Assessment Diagram (Exhibit "B"), the Benefit Formula (Exhibit "C"), and the Assessor's
Roll (Exhibit "E") for all territories of the CMD are on file in the City Clerk's Office with their
respective Council Resolutions passed by the Council previously,
This Resolution preliminarily approves the Public Works Director's Report which includes the 2010-
2011 budget for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No, 019-05 adopting Council Policy on
Park Maintenance and Street Landscaping Assessments which enables the City to collect
additional revenue for the maintenance of street and median landscaping and park
maintenance within the Consolidated Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that
benefit from public parks and/or street landscaping shall be assessed, consistent with the
requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05.
Said amounts shall be increased annually by the cost of living increase reflected in the Los
Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The
rates will remain at the 2004-2005 level. The proposed 2010-2011 budget for the CMD (Exhibit "B")
is attached to this Resolution of Intention.
This Resolution sets the protest hearing for the Council meeting on Wednesday, June 9, 2010, at
5:15 P.M.
G:\GROUPDAT\ADMINRPT\2010\05-19\Admin ROI Street CMD 10-1 l.docx
O~ s`B
ADMINISTRATIVE REPORT
A
gL10
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: K,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 30, 2010
APPROVED
DEPARTMENT HEAD
1 ~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1669 preliminarily adopting, confirming and approving
the Public Works Director's Report for Traffic Signal Maintenance Districts (TSMD)
and their 2010-2011 budget; setting time and place for hearing protests on the
amount of Traffic Signal assessments to be levied throughout the Traffic Signal
Maintenance Districts, (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were created directly as Traffic Signal Maintenance
Districts at the time of their formation. The Legal Description (Exhibit "A"), the Map and
Assessment Diagram (Exhibit "B"), the Benefit Formula (Exhibit "C"), and the Assessor's Roll (Exhibit
"E") for all territories of the TSMD are on file in the City Clerk's Office with their respective Council
Resolutions passed by the Council previously.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2010-
2011 budget for Traffic Signal Maintenance Districts.
As of January 12, 2005, all new territories created as Traffic Signal Maintenance Districts that
benefit from traffic signals shall be assessed, consistent with the requirements of Proposition 218,
those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All
Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The
rates will remain at the 2004-2005 level. The proposed 2010-2011 budget for the TSMD, Exhibit "B"
is attached to this Resolution of Intention.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 9, 2010, at
5:15 P.M.
G:\GROUPDAT\ADMINRPT\2010\05-19\Admin ROI TSMD 10-1 l.docx
BAK
~oFyo~ ,ERs
ADMINISTRATIVE REPORT
Nr,L~
~L10
MEETING DATE: May 19, 2010
TO: Honorable Mayor and City Council
AGENDA SECTION: Consent Calendar
ITEM:
f
FROM: Art Chianello, Water Resources Manager
DATE: May 5, 2010
APPROVED
DEPARTMENT HEAD e
CITY ATTORNEY kli
CITY MANAGER &
SUBJECT: Amendment No.3 to Agreement No. 05-008 with Kennedy/Jenks Consultants ($170,000;
revised not to exceed $507,900) to prepare final design engineering and bid package for the
Stine Road Finish Water Pipeline Project related to the South Bakersfield Water Treatment
Plant. (Wards 2, 4, 5 & 6)
RECOMMENDATION: Staff recommends approval of amendment to the agreement.
BACKGROUND:
On January 12, 2005, the City entered into Agreement No. 05-008 in the amount of $100,000.00 with
Kennedy/Jenks Consultants to complete Phase I of a Domestic Water System Hydraulic Model for the
City's Domestic Water System. Phase I of the project was to compile a complete inventory of the capital
facilities of our domestic system and convert our Paper Atlas Map System to a digital database to be used
in the actual design of the model.
On September 7, 2005, the City amended Agreement No. 05-008 in the amount of $125,000.00 with
Kennedy/Jenks Consultants to complete Phase II of the City of Bakersfield Domestic Water System
Hydraulic Model. This phase of the project required the contractor to analyze current and future storage
and capacity needs of the system and to complete the design of the Hydraulic Modeling System for the
City's Domestic Water System.
On March 11, 2009 the City amended the Agreement No. 05-008 in the amount of $112,900 with
Kennedy/Jenks to perform four (4) specific tasks as described below related to the construction of a new
South Bakersfield Water Treatment Plant:
1) Update the City's Domestic Water System Hydraulic Model from 2005 with current Geo database
that includes the last three years of development in the (6) designated City service areas.
2) Perform a Hydraulic Analysis to determine sizing for water transmission pipeline and pump
performance requirements for Finished Water Pump Station.
3) Perform a Surge Analysis to determine the effect of the new Finished Water Pump Station and
Transmission Pipeline.
4) Prepare a technical memorandum for the proposed Finished Water Pump Station inside the Cal
Water Treatment Plant that will feed the Transmission Pipeline.
BAKE
OF w~ro°u~, S
CJ
U ADMINISTRATIVE REPORT
Lrurwe
0
Amendment No. 3 will modify the agreement to allow Kennedy/Jenks to prepare final design engineering
and bid package for the Stine Road Finished Water Pipeline Project related to the new Cal Water South
Bakersfield Water Treatment Plant (SBWTP). Cal Water's new treatment plant will ultimately provide 20
million gallons a day to the City's south service area. The City has an agreement with Cal Water to share
up to 50% of the capacity in the new plant. The current phase of the finished water pipeline project
includes approximately 5,900 lineal feet of 30 inch pipe that will start at the discharge manifold of the City's
finished water pump station at the SBWTP, continue east to Stine Road and terminate at a connection to
an existing 16 inch pipe in the southwest corner of Stine Road and Panama Lane.
It is necessary for this pipeline project to be on a fast pace schedule to ensure that construction will be
completed by the end of March 2011 before Public Works commences with a scheduled road project,
funded with American Recovery and Reinvestment Act (ARRA) funds, along Stine Road between District
Boulevard and Panama Lane. The Water Resources Department will continue to have ongoing meetings
with Public Works to ensure that any future water projects will have minimum impact on scheduled or
recently completed road projects.
Funding for this project is budgeted in the Department's FY 2010-11 Capital Improvement Budget.
May 7, 2010
SA2010ADMIN REPORTS\
BA ER
~ r;ovoyr is
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM. Q ,iv,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 6, 2010
APPROVED
DEPARTMENT HEAP,,/
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 15 through 19 to Agreement No. 09-031 with
Elite Landscaping ($29,820.55; for a revised not to exceed amount of
$3,573,770.69) for the project known as Mill Creek Linear Park Phases 2, 4, 5A,
and 5B (Ward 2).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the installation and construction of planters, hardscape,
landscape, lighting, and park amenities for the Mill Creek Linear Park.
Change Order No. 15 provides for additional work for the surface drain areas at the Best Western
Hotel and at the retaining wall north of 17th Street on the east side of the canal to provide for
proper surface water drainage in these areas. The contractor has agreed to do this additional
work for the lump sum price of $1,358.00.
Change Order No. 16 provides for abandoning an old drainage line that is no longer in service.
This drainage line posed a danger of channeling water from the canal to the sloped areas on Q
Street. The contractor has agreed to abandon this line in place for the lump sum amount of
$1,645.00.
Change Orders 17 through 19 provide for additional work to supply power from the PG&E power
source to the main breaker cabinets in phases 4, 5A, and 5B. This additional work was found to
be necessary due to PG&E requirements discovered during the course of constructing the
project. The contractor has agreed to perform the additional electrical work in these phases for
the lump sum price of $26,817.55.
The net cost increase of Change Orders 15 through 19 is $29,820.55. The change orders to date
on this project reflect a total cost increase of $491,870.69 (which is an increase of 16.0% of the
original contract amount) as illustrated below:
Original Contract Amount = $3,081,900.00
Amended Contract Agreement after Change Orders = $3,573,770.69
Net Increase to date = $ 491,870.69
RM
May 6, 2010, 2:48PM
GAGROUPDAT ADMINRPT\2010\05-19\CCOs 15-19 Mill Creek Park Amenities.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: P n
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 12, 2010
APPROVED
DEPARTMENT HEAD a-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 2 and 3 to Agreement No. 09-076 with Security Paving
Company, Inc. ($791,760.15; for a revised not to exceed amount of $77,952,635.22)
for the Construction of the Westside Parkway Phase II Project (TRIP) (Wards 2, 4 and
5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: The construction plans that were used in 2009 for bidding the Westside Parkway
Phase II project (Mohawk Street to Allen Road) included approximately 4 miles of 12 to 14-foot
high concrete block sound walls adjacent to residences along the project corridor. This sound
wall design was based on the noise analysis/study performed several years ago for the Westside
Parkway environmental document.
Recently, additional noise analysis has been completed for this area as part of the Centennial
Corridor project for which environmental studies and document preparation are currently
underway. This new noise analysis indicates these Westside Parkway walls should be 2 to 4 feet
higher to mitigate for the noise effects resulting from the future Centennial Corridor project.
The Westside Parkway walls could be raised in the future as part of the Centennial Corridor
project. However, delaying until that time would result in unnecessary complexities, including:
• additional future nuisance and disruption to the over 200 residences along this corridor;
• obtaining temporary construction easements from these residents for a second time;
• a higher construction cost compared to building this additional wall height now;
• interruptions to traffic traveling on the Westside Parkway.
To avoid these impacts, staff is recommending that this additional sound wall height be
constructed now as part of the Westside Parkway Phase II project.
These walls will be similar in design, aesthetically, to the SRI 78/Fairfax interchange block sound
walls using primarily split faced block (to minimize graffiti) with two rows of smooth-faced block
and two rows of combed-faced block running along the top of the wall.
Staff and the Contractor, Security Paving Company (SPC), have reviewed the cost to raise the
height of these walls. Staff and SPC concur on the added cost for foundations and the concrete
block. Those costs are included in Change Order No. 2 in the amount of $755,115.29 which SPC
GAGROUPDATIADMINRPT12010105-19Wdmin Rpt CCO 2 Westside Parkway Phase-Rev-050710.docn
Project # T7K021
~ + I
ADMINISTRATIVE REPORT
r
has signed. However, concurrence has not been reached with SPC on the cost for the additional
reinforcing steel needed for this wall height change. The additional reinforcing steel cost, as
calculated by staff in the amount of $36,644.86, is included in Change Order No. 3, which SPC has
not signed. In order to not delay the project, staff recommends approving both these change
orders now, using the staff calculated reinforcing steel cost in Change Order No. 3. If SPC later
submits acceptable justification for a revision to this cost will be analyzed and treated in an
appropriate way.
Staff recommends approval of Contract Change Order Nos. 2 and 3. Change Orders to date,
including these proposed Change Orders, total $1,380,190.15. This is a 1.8% increase over the
Agreement as illustrated below:
• Original Contract Amount = $ 76,572,445.07
• Previous Change Order No. 1 = $ 588,430.00
• Current Change Order No. 2 = $ 755,115.29
• Current Change Order No. 3 = $ 36,644.86
• Amended Contract Agreement after Change Orders = $ 77,952,635.22
Net Increase to date = $ 1,380,190.15
Sufficient funds have been previously budgeted to pay for these contract change orders.
Please note that the Westside Parkway will have significant change orders as construction
progresses. When bids were awarded, we were under time constraints to "use or lose'' the STIP
funding, so bids were awarded with less than complete design work. However, because of the
extraordinarily favorable bid climate, we were able to extend the project limits from Calloway to
Allen, and we successfully secured every dollar of the "use it or lose it" STIP funding. We have
budgeted all of the funds necessary for the anticipated change orders to come. These series of
actions have been in the best interest of completing this project, which is a critical component
of the TRIP program.
GAGROUPDATIADMINRM2010\05-19Wdmin Rpt CCO 2 Westside Parkway Phase-Rev-05071 0.docx
Project # T7K021
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 19, 2010
AGENDA SECTION: Consent Calendar
ITEM: P %
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 5, 2010
APPROVED
DEPARTMENT HEAD //V
CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 12 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($310,871; for a revised not to exceed amount of $219,022,320).
2. Transfer $285,725 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
3. Appropriate $25,146 Sewer Enterprise Fund Balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order, transfer, and
appropriation.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The expansion will double the treatment capacity, improve odor
control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3 to
comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized in the attached Change Order.
Change Order No. 12 provides for the negotiated resolution of these items. The justifications for the
change order include unknown site conditions and required design revisions due to various other
reasons. Since the contractor's original bid did not provide for these items as shown in the attachment, a
change order is required. The City and Construction Manager determined that these claims have merit.
This is the twelfth change order to be submitted for this project. This change order will increase the
contract by $310,871. Cumulative change orders to date total $8,001,320 (which is a 3.79% increase of
the original contract amount) as illustrated below:
Original Contract Amount = $211,021,000.00
Amended Contract Agreement after Change Orders = $219,022,320.00
Net Increase to date = $8,001,320.00
Construction is on schedule with completion anticipated in June 2010. Total costs of change orders for
this project are expected to be less than industry standards for projects of similar complexity and
magnitude.
G:\GROUPDAT\ADMINRPT\2010\05-19\Admin CCO 12 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114.doc
AC
BA
o`~wwo.,,~Ps
U ADMINISTRATIVE REPORT
LIF
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action. $285,725 of the contingency established for the Expansion
Project remains to fund this change order. Therefore, the remaining $25,146 needed to fully cover this
change order is recommended to come from available fund balance within the Sewer Enterprise Fund.
G:\GROUPDATWDMINRPT\2010\05-19Wdmin CCO 12 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114.doc
AC
- VADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM: J3. D.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Burtch Construction (not to exceed $652,750)
for the annual contract to provide and apply asphalt rejuvenator and sealant.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid and award of the contract.
BACKGROUND: Invitations to Bid were sent to over six hundred (600) contractors for the
Annual Contract for Asphalt Rejuvenator and Sealant for the Public Works Department Streets
Division. The contract award is for a one year period; renewable annually for four consecutive
one-year periods at the City's option and upon mutually agreeable terms. One bid was
received from Burtch Construction, Bakersfield.
Purchasing staff contacted a previous bidder regarding his lack of response to the current
solicitation and found he no longer owns the equipment necessary to fulfill the contract. The
contract is for on-call as-needed services with no minimum work guarantee per project which
isn't feasible for out of town Contractors due to mobilization/de-mobilization costs.
Staff finds the sole bid from Burtch Construction, Bakersfield, to be acceptable and
recommends award of contract in the amount of $652,750.
Purchasing Division
S:%PURCH%ADMlN%Admin 09-101AC Asphalt Rejuvenator Sealant, 09-10-62, Burtch Construction, May 19, 2010.docac
Created on 5/5/20101:00 p.m.
MEETING DATE: May 19, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVE
FROM
DATE:
Nelson K. Smith, Finance Director
May 5, 2010
DEPARTMENT HEAD /1/S
CITY ATTORNEY n
CITY MANAGER 4'
SUBJECT:
Accept bid and award contract to Pavement Recycling Systems, Inc. (not to
exceed $146,000) for the annual contract for cold planing. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid and award of the contract.
BACKGROUND: Invitations to bid were sent to approximately one hundred (100) contractors
for the Annual Contract for Cold Planing for the Public Works Department Streets Division. Two
(2) bids were received in response to solicitation. The bid is based on an estimated quantity of
work to be done multiplied by the contractor's unit prices.
The contract is renewable annually for four consecutive one-year periods at the City's option
and upon mutually agreeable terms. The two (2) bids received are listed below.
BIDDER AM UNT
Pavement Recycling Systems, Incorporated $146,000
Mira Loma, CA
ABSL Construction $197,000
Hayward, CA
Staff finds the low bid submitted by Pavement Recycling Systems, incorporated, to be
acceptable and recommends award of the contract in the amount of $146,000.
Purchasing Division
DW
SAPURCHWDMINWdmin 09-10WC Cold Planing, 09-10-56, Pavement Recycling Systems, Inc., May 19, 2010.docx
Created on 5/5/2010
BAK
U O
0
ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Hearings
ITEM: ivi n
Honorable Mayor and City Council
Jim Eggert, Planning Director
May 6, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Amendment/Zone Change 09-0263 (Stockdaie Ranch)(Ward 4, upon
annexation)
McIntosh & Associates, representing Castle & Cooke California, Inc. and Bolthouse
Properties, LLC, the property owners, has applied for a General Plan Amendment,
Circulation Element Amendment, Western Rosedale Trails Plan Amendment, and
Zone Change on approximately 564± acres generally located south of Stockdale
Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn
Drive, and east of the future extension of Nord Avenue.
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for General Plan Amendment/Zone Change No. 09-0263.
2. Resolution adopting the general plan amendment changing the Land Use
Element designations from ER (Estate Residential), UER (Urban Estate
Residential), GC (General Commercial), and SR (Suburban Residential) to LR
(Low Density Residential), HR (High Density Residential), LMR (Low Medium
Density Residential), HMR (High Medium Density Residential), GC (General
Commercial), OC (Office Commercial), OS-P (Parks and Recreation
Facilities), R-MP (Mineral Petroleum and Minimum 5-acre Parcel / Drill Site),
changing the Circulation Element, and changing the Western Rosedale Trails
Plan as depicted in Exhibit B attached to the resolution.
3. First reading of ordinance amending Title 17 of Municipal Code and official
Zoning Maps from A (Agriculture) to R-1 (One.Family Dwelling), R-2 (Limited
Multiple Family Dwelling), R-3 (Multiple Family Dwelling), C-1 (Neighborhood
Commercial), C-2 (Regional Commercial), C-O/PCD (Administrative and
Professional Office/Planned Commercial Development), OS (Open Space),
and DI (Drilling Island) zones as depicted In Exhibit B attached to the
resolution.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution
approving the proposed general plan amendments to the land use, circulation, and trails plan,
and first reading of the ordinance.
ADMINISTRATIVE REPORT Page 2
BACKGROUND:
The City Council opened the public hearing for this Item on May 5, 2010 and continued the
project to the meeting of May 19, 2010, since some of the documentation was not provided to
the City Council members for review.
The project would allow for approximately 3,583 residential dwelling units on approximately
370.85 acres and a total of 941,700 square feet of general commercial and business park uses on
approximately 69.02 acres. Roughly 665,200 square feet of the business park Is proposed for the
OC (Office Commercial) land use designation on 43.63 acres. Tenant spaces in the business park
would be flexible and would lend itself to a variety of office uses. The remaining 25.39 acres
would consist of 276,500 square feet of general commercial uses. Approximately 20 acres of land
will be reserved for OS-P (Open Space - Parks). The Project also Includes the relocation of
collector and local roadways, and a multi-use trail alignment to parallel the south side of Claudia
Autumn Drive. An area located In the southeastern portion of the proposed Project site (with an
existing water pump station facility) is owned and operated by the Kern County Water Agency,
and is part of the Agency's Cross Valley Canal property. This area Is not proposed for
amendment or zone change, but will be included in the annexation.
The Circulation Element Amendment will result In the realignment of Heath Road between
Stockdale Highway and Claudia Autumn Drive, the deletion of Heath Road between Claudia
Autumn Drive and the south line of Section 4; the realignment of Wegis Road and continuation to
Claudia Autumn Drive, the deletion of Wegis Road between Claudia Autumn Drive and the south
line of Section 4; the amendment of Claudia Autumn Drive from a local to a collector south of
Stockdale Highway, the establishment of a specific plan line along Claudia Autumn Drive south
of Stockdale Highway; the deletion of Nord Avenue, as an arterial, between the proposed
Westside Parkway and south line of Section 4, the deletion of an unnamed collector road north-
south mid-section line of Section 3 south of Stockdale Highway and east of Claudia Autumn
Drive; and the deletion of an unnamed collector north-south line in Section 3 south of Stockdale
Highway as depicted on Exhibit B. The bike route along Heath Road will also be re-aligned on
the Bikeway Master Plan that is part of the Circulation Element for the Metropolitan Bakersfield
General Plan.
The Project includes an amendment to the Western Rosedale Trails Plan to create a combination
equestrian/multi-use trail to be located along the east side of Nord Avenue (south of Claudia
Autumn Drive), along the south side of Claudia Autumn Drive to Wegis Avenue, and along the
east side of Wegis Avenue to Stockdale Highway. The proposed trails will be Installed when
development occurs and will be dedicated to the City of Bakersfield and be maintained by the
City/NOR Recreation and Parks District.
The Project also Includes a zone change from A (Exclusive Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling; 1 unit/2,500 sq. ft.), R-3 (Limited Multiple Family
Dwelling; 1 unit/1,250 sq. ft.), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-
O/PCD (Administrative and Professional Office/Planned Commercial Development), and DI
(Drilling Island) zones. These zone designations are consistent with the proposed Land Use
Amendment.
ADMINISTRATIVE REPORT Page 3
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the Planning Commission for the project, Staff conducted an initial study and It was determined
that the project could have a significant environmental effect. Therefore, In accordance with
CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on
the EIR Including a public scoping meeting on August 13, 2009, an adequacy hearing to receive
comments on the Draft EIR on December 17, 2009, and a hearing on the Final EIR on March 18,
2010 and April 1, 2010. The Final EIR was recommended for certification by the Planning
Commission on April 1, 2010.
The Planning Commission conducted a public hearing on this general plan
amendment/circulation element amendment/Western Rosedale Trails Plan amendment/zone
change on April 1, 2010, and recommended approval to the City Council. At the March 18, 2010
Planning Commission hearing Mr. Gordon Nipp, representing the Sierra Club, opposed the
request. Mr. Nipp stated comments regarding air quality, farmland conversion, global warming
analysis, and traffic Impacts for this project, The responses to Mr. Nipp's comments have been
Included in the record,
Mitigation measures recommended as part of project approval address land use and relevant
planning; agriculture; public health and safety; aesthetics, light and glare; traffic and circulation;
noise; air quality; biological resources; cultural resources; public services and utilities; geologic
and seismic hazards; hydrology and water quality; and mineral resources. The impacts to urban
decay were found to be less than significant and did not require mitigation measures. The
applicant agreed to all conditions and mitigation for the project.
Despite compliance with local ordinances, state laws, mitigation measures Incorporated Into the
project as conditions of approval, and construction in accordance with the uniform building
codes, cumulative traffic/circulation and noise Impacts would remain significant. Staff and the
Planning Commission recommend certification of the Final EIR and accompanying mitigation
monitoring and reporting program, the adoption of CEQA findings, and a statement of overriding
considerations pursuant to State CEQA Guidelines Sections 15091 and 15093.
S:\GPAs\GPA 3rd 2009\09-0263 (New Stockdale Ranch EIR)\Staff Reports\Admin FEIR 1st reading-May 19.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 AGENDA SECTION: Reporj-S
ITEM: i La.
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager
DATE: May 7, 2010
SUBJECT: Department Budget Presentations
1. General Government
2. Finance
3. City Attorney
4. Water Resources
5. Economic and Community Development
6. Rabobank Arena
DEPARTMENT HEAD 67
_
CITY ATTORNEY VC-
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
General Government, Finance, City Attorney, Water Resources, Economic and Community
Development, and Rabobank Arena will provide a detailed overview of their FY 2010-11 proposed
operating budgets. The budget overview will include discussion regarding the goals,
accomplishments, and significant budget changes for the respective departments.
A
~ f
ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 AGENDA SECTION: Closed Session
ITEM. I S
TO: Honorable Mayor and City Council
APPROVED
FROM: Virginia Gennaro, City Attorney
DEPARTMENT HEAD v
DATE: April 21, 2010
CITY ATTORNEY U~
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Three cases).
• City of Bakersfield v. Wanamaker, et al.
KCSC Case No. S-1500-CV-264881 SPC
• City of Bakersfield v. Big West of California, etc., et al.
KCSC Case No. S-1500-CV-260449 WDP
• Bakersfield Redevelopment Agency v. Whitlock Property, LLC, et al.
KCSC Case No. S-1500-CV-265174 SPC
VGAsc
S:\COUNCIL\CI Sess\Admins\09-10\5-19-10ExistLit.doc
A
° ADMINISTRATIVE REPORT
MEETING DATE: May 19, 2010 [TAEGMI: NDA SECTION: Closed Session TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 7, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b) (1) (3) (A) of Government Code section
54956.9. (One matter)
VGAsc
S1000NCIUCI SesslAdmins\09-10\5-19-10.PotLR.doc
A
v o
MEETING DATE: May 19, 2010
TO:
FROM
DATE:
SUBJECT:
VG:Isc
ADMINISTRATIVE REPORT
AGENDA SECTION: Closed Session
ITEM: ( ro. C
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 10, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Labor Negotiator pursuant to Government Code section 54957.6.
S:\COUNCIL\CI Sess\Admins\09-10\5-19-IOLaborNeg.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF May 5, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROIL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Rajan Zed, President, Universal
Society of Hinduism.
3. PLEDGE OF ALLEGIANCE by Casey Garcia, 3ra grade
student at Our Lady of Perpetual Help.
Mayor Hall recognized Boy Scout Troop 484, as well as the
Ridgeview High School government class in attendance at
the meeting to learn about City government.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
a. Al Galvez, with Pacific Gas & Electric,
Introduced Nick Ortiz as the new Local
Area Governmental Manager for the
company. Mr. Ortiz made comments.
b. Zachary Griffin, with Bike Bakersfield thanked
the City and Mayor for the proclamation
declaring May as "Bike Month."
6. WORKSHOPS
a. Presentation by Bakersfield Sports Foundation
regarding the 2010 Amgen Tour of California
Cycling Race.
Jay Rosenlieb, VP Bakersfield Sports Foundation
introduced Don Cohen, Manager of the
Convention and Visitors Bureau, Chris Huot, and
Janet Clary, and presented a video.
ACTION TAKEN
Bakersfield, California, May 5, 2010 - Page 2
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 21, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from April 9,
2010 to April 22, 2010 in the amount of
$10,575,695.08 and self-insurance payments
from April 9, 2010 to April 22, 2010 in the amount
of $247,523.40.
Ordinances:
C. First Reading of ordinance amending Municipal
Code Section 1. 12.040 by adding Annexation
No. 611 consisting of 6.72 acres located on the
north side of Rosedale Highway, east of Jenkins
Road and Annexation No. 614 consisting of
34.64 acres located at the northeast corner of
Jenkins Road and Rosedale Highway to Ward 4.
Resolutions:
Agreements:
d. Final Tract Map and Improvement Agreement
with Pulte Home Corp. for Tract 6149 Phase 9
located on Highway 178, west of Miramonte
Drive.
e. Agreement with Bakersfield Senior Center
($80,255.93 CDBG funds) to rehabilitate kitchen
and dining areas at 530 4th Street.
Agreement with State of California Department
of Public Health and U. S. Department of
Housing and Urban Development ($635,917) for
Housing Opportunities for Persons with HIV/AIDS
Entitlement Program (HOPWA).
ACTION TAKEN
FR
AGR 10-051
AGR 10-052
AGR 10-053
Bakersfield, California, May 5, 2010 - Page 3
8.
CONSENT CALENDAR continued
g. Agreement with Clifford & Brown ($225,000
annually for FY 2010/11, 201 1/12 & 2012/13 and
$240,000 annually for FY 2013/14 & 2014/15) for
legal services.
h. Agreement with Jeff Wanamaker, the Estate of
Robert Wanamaker and the Bloemer Estate, LP
($1,313,050.15) to purchase the remaining
interests in real property located on the west
side of Mohawk Street south of Rosedale
Highway for the Westside Parkway. (TRIP)
Amendment No. 1 to Agreement No. PW08-210
with Crider Construction, Inc. ($40,000; revised
not to exceed $80,000) for welding, fabrication
and general construction work at Wastewater
Treatment Plant Nos. 2 & 3.
j. Amendment No. 1 to Agreement No. 09-052
with Kern Turf Supply, Inc. (extending term for 1
year only) for irrigation parts and supplies.
k. Amendment No. 1 to Agreement No. 08-057
with Geocon Inland Empire, Inc. ($10,000;
revised not to exceed $55,500 and extend term
for 5 months) for additional groundwater
sampling and reporting services to comply with
Wastewater Treatment Plant Discharge Permits.
Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Amendment No. 3 to Agreement No. 06-
388 with Jacobs Project Management
Co., formerly known as Jacobs Civil, Inc.,
($200,000; revised not to exceed
$7,900,000) for additional construction
management services for the project.
2. Transfer $200,000 contingency
established for the project to the Public
Works Department Capital Improvement
Budget.
ACTION TAKEN
AGR 10-054
AGR 10-055
AGR 10-056
AGR 09-052(1)
AGR 08-057(1)
AGR 06-388(3)
Bakersfield, California, May 5, 2010 - Page 4
8.
CONSENT CALENDAR continued ACTION TAKEN
M. Contract Change Order No. 58 to Agreement AGR 07-304
No. 07-304 with Security Paving Co. 00058
($537,627.80; revised not to exceed
$32,501,028.36) for the State Route 178 and
Fairfax Road interchange Project. (TRIP)
Bids:
n. Construction of One Mega-Watt Solar Energy REMOVED FOR SEPARATE
Facility at Wastewater Treatment Plant No. 3 CONSIDERATION
Project (ARRA):
Accept bid and award contract to
Systems 3, Inc. ($5,359,018) for design,
engineering and construction of the
project.
2. Appropriate $2,661,000 estimated
P.G.&E. Rebate to the Public Works
Department Capital Improvement
Budget within the Sewer Enterprise Fund
(WWTP No. 3) for project.
o. Accept bid and award annual contract to AGR 10-058
Gilliam and Sons, Inc. (not to exceed
$385,452) for earthmoving and hauling.
P. Accept bid and award annual contract to AGR 10-059
Badger Meter, Inc. (not to exceed
$588,226.28) for water meters.
q. Accept bid and award annual contract to AGR 10-060
Sesa, Inc. dba Signco (not to exceed
$64,758.88) for traffic signs.
HVAC Upgrade at Police Department
Communication Center:
Accept bid and award contract to AGR 10-061
Cole's Mechanical Systems, Inc.
($55,760) for the project.
2. Approve transfer of $15,000 savings from
Capital Project (HVAC - Building A and
Convention Center) to the Public Works
Department Capital Improvement
Budget within the Capital Outlay Fund
for the project.
Bakersfield, California, May 5, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
Final Tract Map with Castle & Cooke California,
Inc. for Tract 7166 Units 2 & 3 located south of
Ming Avenue and west of Gosford Road.
Appropriate $64,000 Federal ARRA funds to the
Public Works Department Capital
Improvement Budget within the ARRA Federal
Stimulus Fund for the Pavement Rehabilitation
2009 Phase 5 - Coffee Road from Friant Kern
Canal to Riverlakes Drive/Meany Avenue;
Coffee Road from Olive Drive to Norris Road
(northbound only) Project.
City Clerk Gafford announced two correspondence
items were received from Safeway Sign Company
regarding item 8q.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Carson announced she would
abstain due to conflict of interest on item 8.e. as she
serves on the Board of the Bakersfield Senior Center.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 81 with separate
consideration of item 8n.
n. Construction of One Mega-Watt Solar Energy
Facility at Wastewater Treatment Plant No. 3
Project (ARRA):
Accept bid and award contract to AGR 10-057
Systems 3, Inc. ($5,359,018) for design,
engineering and construction of the
project.
Bakersfield, California, May 5, 2010 - Page 6
8.
CONSENT CALENDAR continued
ACTION TAKEN
2. Appropriate $2,661,000 estimated
P.G.&E. Rebate to the Public Works
Department Capital Improvement
Budget within the Sewer Enterprise Fund
(WWTP No. 3) for project.
9.
Motion by Councilmember Couch to adopt Consent
Calendar items 8.n.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Bakersfield Firefighters Association;
Moore v. City - KCSC Case No. S-1500-CV-
268544 N FT.
Motion by Vice-Mayor Scrivner to adjourn to Closed
Session at 5:40 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:15 p.m.
RECONVENED MEETING AT 6:25 p.m.
10.
11.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Bakersfield Firefighters Association;
Moore v. City - KCSC Case No. S-1500-CV-
268544 N FT.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution
authorizing the Bakersfield Redevelopment
Agency to sell real property located at the
corner of E. California Avenue and S.
Robinson Street (portion of Parcel No. 018-040-
02) for $1.00 to Clinica Sierra Vista for the
development of an approximately 3,863 sq. ft.
dental clinic. (Staff recommends adoption of
resolution.)
APPROVED
APPROVED
APPROVED
CITY ATTORNEY
GIVEN DIRECTION
RES 053-10
Bakersfield, California, May 5, 2010 - Page 7
11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. General Plan Amendment/Zone Change No.
10-0008; McIntosh & Associates, representing
JEC Panama, LLC and MPW Properties, LLC
(property owners) has applied for a general
plan amendment and zone change on 12.16
acres generally located on the southeast
corner of Pacheco and Gosford Road. (Staff
recommends adoption of resolution and give first
reading to ordinance.)
Resolution approving the Negative RES 054-10
Declaration and adopting the general
plan amendment changing the land use
designation from GC (General
Commercial) to HMR (High Medium
Density Residential) on 11.4 acres and
from LR to HMR on .76 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration, amending
Title 17 of the Municipal Code (Zone
Map No. 123-21) changing the zoning
from C-1 (Neighborhood Commercial) to
R-2 (Limited Multiple Family Dwelling) on
11.4 acres and from R-1 (One Family
Dwelling) to R-2 on .76 acres.
C. General Plan Amendment/Zone Change No.
09-0263 (Stockdale Ranch); McIntosh &
Associates, representing Castle & Cooke CA,
Inc. and Bolthouse Properties (property owners)
has applied for amendments to the General
Plan, Circulation Element and Western
Rosedale Trails Plan and zone change on
approximately 564± acres located south of
Stockdale Hwy, north of Cross Valley Canal,
west of City limits at Claudia Autumn Dr. and
east of the future extension of Nord Ave. (Staff
recommends adoption of resolutions and give first
reading to ordinance.)
1. Resolution making findings approving
and certifying the Final Environmental
Impact Report (EIR) for GPA/ZC No. 09-
0263.
Bakersfield, California, May 5, 2010 - Page 8
11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
2. Resolution adopting the general plan
amendment changing the land use
designations from ER (Estate Residential),
UER (Urban Estate Residential), GC
(General Commercial) and SR (Suburban
Residential to LR (Low Density
(Residential), HR (High Density
Residential), LMR (Low Medium
Residential), HMR (High Medium Density
Residential), GC (General Commercial,)
OC (Office Commercial), OS-P (Parks
and Recreation Facilities) and R-MP
(Mineral Petroleum and Minimum 5-acre
Parcel/Drill Site), changing the
Circulation Element and the Western
Rosedale Trails Plan.
3. First Reading of Ordinance amending
Title 17 of the Municipal Code and
Zoning Maps by changing the zoning
from A (Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family
Dwelling), R-3 (Multiple Family Dwelling),
C-1 (Neighborhood Commercial), C-2
(Regional Commercial), C-O/PCD
(Administrative and Professional
Office/Planned Commercial
Development, OS (Open Space) and DI
(Drilling Island).
City Clerk Gafford announced correspondence was
received from staff requesting item 1 1 c be continued
to the May 19, 2010 Council meeting.
Consent Calendar Public Hearings opened at
6:26 p.m.
Gordon Nipp requested clarification as to the staff
recommendation.
Consent Calendar Public Hearings closed at 6:27 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Public Hearing items l l.a. and 11 b., and that
item 11 c. remain open and continued to the May 19,
2010 Council meeting.
Bakersfield, California, May 5, 2010 - Page 9
12.
HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution denying
the appeal by Fred Porter and Harold RES 055-10
Robertson, and upholding the Board of Zoning
Adjustment decision approving Conditional
Use Permit No. 09-0767 to operate a 3,177
square foot bar in a C-1 (Neighborhood
Commercial) located at 4715 Coffee Road.
(Applicant/Owner: Brian Myrick/Javaher
Investors, LLC)
Planning Director Jim Eggert made comments.
Hearing opened at 6:33 p.m.
Fred Porter, Harold Robertson, Tony Hogue and
Sue Porter spoke in opposition to the staff
recommendation.
Bryan Myrick spoke in support of the staff
recommendation.
Harold Robertson and Sue Porter made rebuttal
argument comments to those comments in
support.
Hearing closed at 6:59 p.m.
Motion by Councilmember Weir to adopt the
Resolution with additional conditions numbers 6 APPROVED
through 16 as follows: U CARSON, BENHAM,
SULLIVAN
6. The business shall not be eligible for a cabaret
permit as defined in Chapter 5.14 of the BMC.
7. The permit holder will comply with all operating
conditions imposed by the California
Department of Alcoholic Beverage Control
(ABC).
8. The permit holder shall not allow the number of
occupants inside the premise building to
exceed the establishment's maximum
occupant load, as determined by the
Development Services Director or his designee
and/or the Fire Chief or his designee.
Bakersfield, California, May 5, 2010 - Page 10
12. HEARINGS continued
9. There shall not be any type of Adult
Entertainment as defined in BMC section
5.06.010, on the premises at any time.
10. Unless permitted as part of these conditions, all
noise associated with the operation of any
sound equipment must comply with BMC
Section 9.22.
11. Loitering is prohibited on the premises or area
under the control of the permit holder. This also
includes persons waiting to get into the business
N it is at maximum occupancy.
12. The permit holder shall ensure that reasonable
efforts are made to prevent the admission of
any person whose conduct is described in
Penal Code Section 415 (fighting, loud noise,
offensive words in public places) or Section 647
(disorderly conduct) on the premises, parking
lots and all other areas of the establishment
controlled by the permit holder. The permit
holder shall make reasonable efforts to remove
persons exhibiting such conduct from the
establishment.
13. During the hours of operation when privileges of
this permit are being exercised, minors shall not
be allowed on the premises. The permit holder
shall make reasonable efforts to ensure minors
are identified as such and denied admittance
to the premises while the privileges of this
permit are being exercised. Further, the permit
holder will ensure the Bakersfield Police
Department is contacted immediately in the
event any minor on the premises attempts to
obtain an alcoholic beverage, or admittance
through false pretenses.
14. The business shall not include a restaurant use
where food will be prepared and served.
Bakersfield, California, May 5, 2010 - Page 11
12. HEARINGS continued
15. Wall signs and exterior promotional
advertisement signs shall be prohibited. The
business identification sign shall be limited to a
non-illuminated vinyl with a maximum area of 8
square feet on the window or entry door in
accordance with the C-1 regulations.
16. The conditional use permit for the bar use shall
expire on May 5, 2015 (5 years from the City
Council's approval date). This expiration also
includes any City approvals granted to allow
alcohol sales related to this use.
13. REPORTS
a. Presentation of the Proposed FY 2010-11
Budget.
City Manager Tandy, and Management
Assistant Kirkwood made staff comments and
provided a slide presentation.
Councilmember Hanson requested staff
provide the number of emergency calls for
Station No, 14 by category since it opened in
January 2010, provide a record of whether
emergency medical service personnel or fire
personnel arrived first on scene for calls for
Station No 14; provide the average response
time to cover the developed portion of its "First
in Boundary, " and N Fire Station No. 14 is closed,
provide the response time to cover the
developed portion of its "First in Boundary" from
City Fire Station Nos. 9 and 15 and County Fire
Station No. 53.
Councilmember Couch requested the staff
presentation be provided to Councilmembers
via e-mail.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
Bakersfield, California, May 5, 2010 - Page 12
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham thanked the Bakersfield
Symphony musicians for their efforts to plan some
concerts at Beale Park this summer. She also thanked
Tina Cummings of Bakersfield College for making the
BC pool available to kids in the northeast.
Councilmember Weir commended Tina Cummings of
Bakersfield College for providing their pool for
activities such as drop- in swimming, youth polo, lap
swimming sessions, scuba certification, and water
aerobics.
Councilmember Sullivan thanked the Police
Department for their successful handling of recent
high profile killings.
City Manager Tandy introduced Art Chianello, the
newly appointed Water Resources Manager.
Councilmember Carson announced that a new spray
park was recently opened at Casa Loma Park.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:08 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield