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AGENDA HIGHLIGHTS
. JANUARY 17,2007 COUNCil MEETING
A Special Meeting will take place at 3:00 p.m. In the City Manager's Conference Room at which time the
following Closed Session Items will be discussed with legal counsel:
. Three cases of existing litigation;
. Two cases of potential litigation; and
. One case of potential initiation of litigation.
The Regular Meeting will begin at 5:15 p.m. Roll Call will be taken, after which Council will adjourn for
further discussion regarding the Closed Se..lon Items. The meeting will reconvene at 8:30 p.m. to
consider the remaining agenda Items.
APPOINTMENTS
There will be one appointment each to the Golden Empire Transit District, Miscellaneous Civil Service Board,
and the Keep Bakersfield Beautiful Committee. Vice Mayor Hanson will propose appointments to the City
Council Committees and other special Committees and Boards for 2007 and 2008.
CONSENT CALENDAR
Ordinances
Item 12d. First Readina of an Ordinance Amendlna the MunlclDal Code bv Chanaina the Zonlna from R-1
to R-2 on 0.33 Acre Located. at 7400 Niles Street. aDDroxlmatelv 0.5 Mile West of Momina Drive.
M.S. Walker and Associates, Inc. representing Ellseo Jara, Jr., H. Susan Barnett, and Michael S. Walker,
requests this zone change to facilitate development of a 64-unlt residential condominium CQmplex. This
zone change will bring the zoning Into conformance with the land use. designation on the property. The
project has received conditional' Site. Plan Review approval, with a requirement which requires the northerly
50 feet of the site to be rezoned to R-2. On December 7,2006, the Planning Commission recommended
adoption by the City Council. No one spoke In opposition to the project at the hearing.
Resolutions
Item 12h. Resolution ExDandlna the List of Charaes to be Handled vi, the Community Prosecution Proaram.
At the November 14, 2006 Legislative and Litigation Committee meeting, the Police Department requested that
two misdemeanor charges be added to . the list of crimes prosecuted under the Community Prosecution
Program: 1) Carrying a concealed firearm; and 2) Carrying a loaded firearm In public. The Legislative and
litigation Committee recommends Council approval of the additions.
Item 12/. Resolution Authorizina the Execution of DQcuments Reauired to Access State Water Resources
Control Board OrDhan Site CleanuD Grant Funds In the amount of $1.500.000 for 1433 Union Avenue Y<ithln the
Southeast. RedeveloDmentProlect Area (Mill Creek South Mixed-Use Prolect)' The Orphan Site Cleanup
Program encourages the cleanup of "Brownfield" sites contaminated by petroleum underground storage tanks
where there is no financially responsible party. The City applied for and received approval for this grant. The
Fire Department will oversee the soil remediation and risk assessment. This resolution authorizes City staff to
execute all relative documents.
..
Agenda Highlights
January 17, 2007 '\
Page 2
Item 12k. Resolution recardinc the Sale of Real ProDertv at the Southwest Comer of Olive and Callowav Drives
to Callowav Associates for a Gas Pi Deline and ADDurtenant Facilities. In November, 2002, the City entered Into
an agreement to permit the realignment of the Frlant Kern Canal which was necessitated by the construction of
the intersection. The agreement provided for an exchange of properties which resulted in the City owning a 1.9
acre parcel. In June, 2004, the City entered into an agreement with Calloway Associates granting them a right
of first refusal to purchase this parcel at its fair market value. Calloway Associates plans to Incorporate the land
into their commercial development at the intersection. Staff found the sale consistent with the 2010 General
Plan.
Item 12/. Resolution ADDrovinc AdoDtion Acreement Establlshinc an Irrevocable Trust Fund and Plan for Future
Retiree Medical Costs as it Relates to the City's Retiree Medical Subsidv Procram. The Government
Accounting Standards Board (GASB) issued Statements In 2005 which outline new operating requirements for
post employment benefits. . Included Is a requirement that any cash that Is set aside to fund the obligations be
placed in an Irrevocable trust fund to guarantee that the monies can only be used for the purpose Intended. At
the December 13, 2006 meeting, Council approved an Administrative Services Agreement with Public Agency
Retirement Services to assist with the formation and administration of this trust. This Resolution approves an
Adoption Agreement for the formation of the Plan and Trust so that deposits into the Fund can begin.
Aareements
Items 12r., s., and t. LandscaDe Acreements. The first two items involve Tract No. 6452 in the City in the
Hills Development. Homeowners Associations wish to maintain the landscaping themselves. The third item
Involves requests from Castle and CookeCallfornia,lnc., to maintain the landscape for The Shops at River
Walk and University Park. Exercising the option to self maintaining landscaping is a new trend.
Item 12v. ProDertv Trade Acreement with Land Lot 1. LLC. Mel Heinemann. Manaclnc Member. to Trade
ProDertv Located at the Southeast Comer of Cottonwood and East Berkshire Roads for ProDertv Located at
the Southwest Comer of East Plan Road and Washincton Street. In 2006, Mr. Heinemann requested a
GPA/ZC to allow for construction of a 40-acre single-family development on East Planz Road. The request
was denied by the Planning Commission due to its location within the quarter-mile buffer area for Wastewater
Treatment Plant No.2. This buffer was established by the Public Works Department to prevent development
of odor-sensitive land uses in close proximity to the facility. The GPAlZC was scheduled for Council
consideration; but at the request of Mr. Heinemann, was continued.
Subsequently, Mr. Heinemann proposed a trade of this property for 40 acres owned by the City on East
Berkshire Road. Terms of this agreement provide that the trade shall be made at no cost to the City. Mr.
Heinemann has agreed to improve the property on East Planz to a "farmable" condition in order to allow the
balance of that property to continue to be farmed. This trade agreement was approved by the Planning
Commission on December 21, 2006. The GPA/ZC will come before Council on February 7, 2007. '
Item 12w. Acreement with Kern County for Jail Bookinc Fees Inthe amount of $1.080.429. Booking fees
paid by the City to the County are established by State law and are based on the chargeable bookings from the
. previous calendar year. Current State law states that booking fees cannot exceed 50% of the administrative
costs.
The previous agreement of $147.49 per booking expired June 30, 2006. On June 6,2006, the County raised
their booking fee to $158.91 per booking. There were 13,598 chargeable bookings in the last fiscal year,
which, when multiplied, totals $2,160,858. Fifty percent of this amount is $1,080,429, which is the amount now
owing to Kern County.
Staff budgeted $650,000 for these fees. Staff now requests an appropriation of the remaining $430,429 to
cover the entire amount.
1
Agenda Highlights
January 17, 2007
Page 3
Item 12%. Acreement with Kern Hich School District to Pav the Citv an amount not to exceed $60.000 for Use
of Aauatlc Facilities at McMurtrev Aauatic Center. and the Pools at Sliver Creek. Dr. Martin Luther Kinc. Jr. and
Jastro Parks for Practice and Swim Meets. Each year, the City enters into an agreement with the District
whereby they utilize the facilities during the winter months. This agreement specifies use of these facilities
from January 29 - May 11, 2007, at mutually agreed upon times.
Item 1288. Environmental ImDact ReDort (EIR) for a General Plan Amendment/Zone Chance on
ADDroxhnatelv 236 Acres Generallv Located North of Brimhall Road. West and East of Coffee Road. Coffee-
Brimhall LLC Is proposing the development of residential, retail and office uses. Two agreements are included
in this item, the first of which acknowledges that Coffee-Brimhall LLC will pay for all costs associated with the
preparation of the EIR. The total cost of the EIR is $286,379, which consists of $214,838 for the consulting
services and $71,541 to reimburse the City for its costs in managing the project. The second agreement sets
forth the scope of services for the preparation of the EIR by Christopher A. Joseph & Associates.
Item 12dd. Amendment No.1 to Acreement No. 05-032 with Acclimation Insurance Manacement Services.
Inc. (AIMS) for Automobile/General Llabllitv Claims Administration Services in an amount not to exceed
$13.333.33 Der month. Currently, AIMS handles these types of claims that are relatively small and
uncomplicated. More difficult claims are handled by Bragg & Associates. The current AIMS contract expires
on February 5, 2007. A Request for Proposals will be Issued for claims. administration services on the types of
claims that are presently handled by AIMS. Staff Is recommending extending the current AIMS contract on a
pro-rata month-to-month basis until the proposals are received and a new contract Is negotiated.
I!sAl
Item 12mm. Award Contract to Refuse Power Svstems for Three Additional Front Loader Refuse Trucks in
the amount of $593.202.69. Five bids were received. Although Bakersfield Truck Center is the lowest bidder,
they are unable to deliver the trucks for approximately 100 days due to nationwide delays in manufacturing
2007 model year diesel engines meeting new emission reduction rules. This delay has cost the City
approximately $32,467 to cover routes with overtime thus far in FY 2006-07. The bid submitted by Refuse
Power Systems is for three 2006 model year refuse trucks, which meet the City's standard and are available
immediately. The extra cost of $4,525.91 is low compared to the cost of $41,695.50 in overtime costs which
would be paid while waiting for the product to be supplied from the lowest bidder.
Item 12nn. Award Contract to Masonrv Contractor Installers. Inc. to ReDalr the Exterior Fascia at 1600
Truxtun Avenue in the amount of $319.000. This project will repair the thin brick fascia on the former Borton
Petrini & Conron Building acquired by the City on December 29, 2006. The Inspection report prepared by the
City's Consultant indicated that the original construction of this thin brick fascia failed to include expansion
joints, thus causing some of the fascia to become loose and separate from the exterior walls. One acceptable
bid was received. Staff recommends award to Masonry Contractor.
Item 12ss. Award Contract to Wallace & Smith Contractors to Construct Fire Station No.5 and the Police
Satellite OffIce in Southeast Bakersfield In the amount of $3.310.690. Fire Station #5 is currently located at
700 Planz Road. This facility was built in 1954 and now needs to be demolished. It Is dilapidated, lacks
space, has inadequate street access, was not designed to accommodate the new apparatus and equipment
that is currently being used, and needs to be better centralized within its fire response area. Currently, the
closest City police facility for these residents is at 3945 Hughes Lane, so it also requires a more centralized
location. Fire Station No.5 and the Police Satellite Office will be constructed on White Lane, just east of South
Union Avenue.
Funding for this project is from HUD, Community Development Block Grant (CDBG) Entitlements ($3,000,000);
Supplemental Law Enforcement Services Funding (SLESF) ($426,000), and Redevelopment Agency South
East Project Area (RDA-SEPA) Operating Fund ($886,000). Four acceptable bids were received. Staff
recommends award to Wallace & Smith Contractors.
..
Agenda Highlights
January 17, 2007 '\
Page 4
Miscellaneous
Item 12ft. Audit ReDorts for FY 2005-06. These reports include the Comprehensive Annual Financial Report
(CAFR) and Independent Audit Reports. Staff recommends referring the audit reports to the Budget and
Finance Committee for review and subsequent recommendation to Council.
HEARINGS
Item 14a. Public Hearinc to Consider a Resolution ADDrovinc the SDeclfic Parks and Trails Plan for the Old
River Ranch DeveloDment Area in Southwest Bakersfield. The area covered by the new Specific Parks and
Trails Plan (SP) is generally located between Panama Lane, Gosford Road, Taft Highway, and South Allen
Road. As a requirement of the Old River Ranch EIRI General Plan AmendmenVZone Change approved by
Council in November 2005, the developers are required to propose a new SP for the Old River Ranch project
site and vicinity to provide connectivity to the proposed Sports Village at Gosford and Taft Highway. Upon
adoption of this SP, all future development shall be required to adhere to the requirements of the SP. The plan
identifies Class II bike lanes, trail locations, types of trails and park locations.
On October 5, 2006, the Planning Commission heard testimony both in favor and in opposition.
Representatives of the Grimm-Marshall family spoke In opposition. The Commission requested the applicant
(SmithTech USA Inc.) and staff confer with these area property owners, including Mrs. Grimm-Marshall and
her representatives, Tom Dee of Lennar Homes, Steve and Mike Antonglovannl, Nancy Turnipseed, and Brian
Haupt, who represents several land owners In the area. The primary opposition was regarding the trail located
on the north side of Berkshire Road (collector street alignment) between Buena Vista Road and Old River
Road.
Another hearing was held on October 19,2006, at which time the applicant presented an alternative to relocate
the multi-use trail from the north to the south side of Berkshire Road between Buena Vista Road and Old River
Road. This relocation was agreeable to all parties who previously expressed opposition. The Planning
Commission then recommended approval with conditions that reflect a coalition of support from area land
owners and does not significantly impact the integrity of the plan.
II
Approved: .Ii
Alan Tandy, City Manager (
cc: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
AGENDA
JANUARY 17, 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. PU BLIC STATEMENTS (Regarding Workshop and Closed Session Item(s) only during this portion of the
meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code Section 54956.9 - Claim of Kern Charter
Service.
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
3. North Kern Water Storage District v Kern Delta Water District, et al
c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code Section 54956.9. (One issue)
d. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (One issue)
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor John Scoggins, Rosedale Bible Church.
7. PLEDGE OF ALLEGIANCE by Andrea Navarro, 6th Grade Student at Colonel Nichols.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor of certificates to the Bakersfield Christian High School Volleyball
Team.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One appointment to the Golden Empire Transit District, due to the expiration of term of
Christopher Finberg, term expired January 6,2007.
Staff recommends Council determination.
11. APPOINTMENTS continued
b. One appointment to the Miscellaneous Civil Service Board, due to the resignation of Sam
Chow, term expiring December 31, 2008.
Staff recommends Council determination.
c. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Sherry Core (Ward 3).
Staff recommends Council determination.
d. Appointments to City Council Committees and other special Committees and Boards by
Vice-Mayor Hanson 2007 - 2008.
Staff recommends Council determination.
12. CONSENT CALENDAR
(Ward 3,4,5,6)* C.
(Ward 3)
(ward 6)
* - upon annexation
Minutes:
a. Approval of minutes of the December 13, 2006 Regular City Council Meeting.
Payments:
b. Approval of department payments from December 1 , 2006 to January 4, 2007 in the
amount of $41,276,358.65 and self-insurance payments from December 1, 2006 to
January 4, 2007 in the amount of $398,419.65.
Ordinances:
First Reading of Ordinance amending Municipal Code Sections 1.12.030, 1.12.040, 1.12.050
and 1.12.060 by adding Annexation No. 516 consisting of 25.94 acres located north of Kern
Canyon Road generally east of Morning Drive to Ward 3, Annexation No. 504 consisting of
1.08 acres located north of Snow Road east of the Friant-Kern Canal and west of Calloway
Drive to Ward 4, Annexation No. 500 consisting of 80.65 acres located generally south of
Panama Lane west of Old River Road and Annexation No. 511 consisting of 78.83 acres
located at the northeast corner of McCutchen Road and Buena Vista Road to Ward 5 and
Annexation No. 508 consisting of 43.39 acres located at the southeast corner of McCutchen
Road and Ashe Road to Ward 6.
First Reading of Ordinance amending Title 17 of the Municipal Code and Zone Map No. 103-
25 by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family
Dwelling) on .33 acre located at 7400 Niles Street approximately .5 mile west of Morning
Drive. (ZC 06-1766) (Applicant: M S Walker & Associates, Inc./Property Owners: Eliseo
Jara, Jr., H. Susan Barnett and Michael S. Walker)
e. Adoption of Ordinance amending Sections 12.56.020, 12.56.080, 12.56.200 and 12.56.210
of the Municipal Code relating to parks. (FR 12/13106)
d.
Resolutions:
f.
Wastewater Treatment Plant No.3 Expansion Project:
1. Agreement (engagement letter) with Kutak Rock ($135,000) for bond counsel
services in connection with issuance of bonds for project.
2. Agreement (engagement letter) with Goodwin Procter ($77,500) for disclosure
counsel services for issuance of bonds for project.
3. Resolution authorizing City to reimburse itself for capital expenditures with proceeds
of future taxable or tax exempt borrowings in accordance with the reimbursement
regulations.
2
(Ward 3)
(Ward 1)
(Ward 1,4)
(Ward 4)
(Ward 5)
(Ward 1)
(Ward 3)
(Ward 4)
12. CONSENT CALENDAR continued
Resolution preliminarily approving Engineer's Report and setting date for public hearing of
protests for Assessment District No. 06-1 (Etcheverry/Lin II/University Park).
h. Resolution expanding the list of charges to be handled via the Community Prosecution
Program. (Legislative & Litigation Committee)
g.
i.
Resolution authorizing the requisite City personnel to execute all documents required to
access State Water Resources Control Board Orphan Site Cleanup Grant Funds
($1,500,000) for 1433 Union Avenue within the Southeast Redevelopment Project Area (Mill
Creek South Mixed-Use Project).
j.
Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 519 consisting of 103.73 acres located south of Panama Lane east of
Cottonwood Road.
2. Annexation No. 566 consisting of 33.18 acres located north of Etchart Road east and
west of Coffee Road.
k.
Sale of Real Property:
1. Resolution declaring real property located at the southwest corner of Olive Drive and
Calloway Drive surplus to needs of the City.
2. Agreement with Calloway Associates ($1,000,000) to purchase the property.
3. Grant of easement to Southern California Gas Company for a gas pipeline and
appurtenant facilities.
I. Resolution approving Adoption Agreement establishing an Irrevocable Trust Fund and Plan
for future retiree medical costs as it relates to the City's Retiree Medical Subsidy program.
m.
Resolution adding territory, Area 3-60 (Progress, McKee N) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 5-20 (Berkshire, Madison N) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1498 to add territory, Area 4-67 (Morning, Paladino NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1499 to add territory, Area 1-67 (Brimhall, Calloway NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
n.
o.
p.
. - upon annexation
3
12. CONSENT CALENDAR continued
(Ward 2,4,5.6,7) q.
(Ward 3)
(Ward 3)
(Ward 4,5)
(Ward 6)
(Ward 1)
Agreements:
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for
Tract 6367 Unit 3 located north and south of Berkshire Road and west of Highway 99.
2. Final Map and Improvement Agreements with Frontier Ranch, LLC and California
Home Builders, Inc. for Tract 6364 Phase 2 located at the northeast corner of Reina
Road and Renfro Road.
3. Final Map with The Greater Bakersfield Convention and Visitors Center and the
County of Kern for Parcel Map 10587 located at the southeast corner of Truxtun
Avenue and Q Street.
4. Improvement Agreements with Castle and Cooke Commercial CA, Inc. for Parcel
Map 11118 Phase 1 located at the southeast corner of Pacheco and Gosford Roads.
5. Improvement Agreements with Ashe Road, LLC for Parcel Map 11263 located
between the Southern Pacific Railroad and the northwest intersection on Harris Road
and Ashe Road.
Agreement with City in the Hills Homeowners Association to provide landscape maintenance
of the streetscape in Vesting Tentative Tract Map 6452 generally located south of City Hills
Drive between Canteria Drive and Garden Park Drive.
Agreement with Julian's Garden Homeowners Association to provide landscape
maintenance of the greenbelt lots in Vesting Tentative Tract Map 6452 generally located
south of City Hills Drive between Canteria Drive and Garden Park Drive.
Landscape Maintenance Agreements:
1. Agreement with Castle & Cooke California, Inc. to provide landscape maintenance of
The Shops at River Walk shopping center in Vesting Tentative Parcel Map 10522
generally located south of Stockdale Highway between Buena Vista Road and
Calloway Drive.
2. Agreement with Castle & Cooke California, Inc. to provide landscape maintenance of
the University Park community in Vesting Tentative Tract Map 6799 generally located
at the southwest corner of Ming Avenue and Gosford Road.
Agreement with Kern Delta Water District and Lennar Homes of California, Inc. for design,
construction and maintenance of the landscape improvements within the canal easement
located in Tract 6290 (Stine and McKee Roads) adjacent to the City landscape easement.
Agreement with Land Lot 1, LLC to trade property located at the southeast corner of
Cottonwood Road and E. Berkshire Road for property located at the southwest corner of E.
Planz Road and Washington Street.
w. Jail Booking Fees:
1. Agreement with County of Kern ($1,080,429) for jail booking fees.
2. Appropriate $430,429 of State Booking Fee Reimbursement Revenues to Police
Department Operating Budget within the General Fund toward the cost of booking
fees.
r.
s.
t.
u.
v.
x. Agreement with Coca-Cola Bottling Company of Southern California to provide vending
machines in public parks.
4
12. CONSENT CALENDAR continued
(Ward 4)
(Ward 1,2,6)
(Ward 2,4)
(Ward 2-7)
Agreement (ditch eradication) with LoLand Assets, LP ($153,020) for the City to quitclaim a
2,600 ft. portion of the City's easement of the Beardsley Canal 5-Ditch located west of
Calloway Road. (Water Board)
Agreement with Kern High School District (not to exceed $60,000) to be paid to the City for
use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool, Dr. Martin Luther
King, Jr. Pool and Jastro Pool for practice and swim meets.
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1877
(Coffee-Brimhall LLC) generally located north of Brimhall Road, west & east of Coffee Road.
1. Agreement with Coffee-Brimhall LLC ($286,379) for the preparation of the EIR, and
appropriate $214,838 (developer's contribution) to the Development Services
Operating Budget in the General Fund.
2. Agreement with Christopher A. Joseph & Associates ($214,838) to prepare EIR.
Amendment NO.1 to Agreement No. WR06-025 with Kenneth D. Schmidt and Associates
($32,000; revised total not to exceed $107,000) to include hydrogeologic services associated
with pilot hole sampling and construction of new City water supply wells.
cc. Amendment No.1 to Agreement No. 05-031 (not to exceed $259,085) with Acclimation
Insurance Management Services, Inc. (AIMS) for Workers' Compensation claims
administration services.
y.
z.
aa.
bb.
dd. Amendment NO.1 to Agreement No. 05-032 with Acclimation Insurance Management
Services, Inc. (AIMS) (not to exceed $13,333.33 per month) for automobile/generalliability
claims administration services.
ee. Amendment No.2 to Agreement No. 05-0442 with Krazan & Associates, Inc. ($250,000 total
not to exceed $600,000) for material testing services for various construction projects
(calendar years 2006 and 2007).
(Ward 6) ff.
(Ward 1) gg.
(Ward 1,2,4,5) hh.
Contract Change Order No.1 to Agreement No. 06-142 with Bakersfield Well & Pump
Company ($13,080 revised total not to exceed $1,080,225) for abandonment of well CBK-48
on Barley Harvest Avenue and additional soil compaction and testing.
Contract Change Order NO.7 to Agreement No. 05-218 with Floyd Johnston Construction
Company ($41,424.93, revised not to exceed $9,106,569.64) for Trunk Sewer Replacement
project along Planz Road.
Contract Change Order NO.3 to Agreement No. 06-111 with A.C. Electric Company
($38,134.86, revised not to exceed $556,427.86) for Traffic Signal Interconnect Part 3 on
Buena Vista Road, Coffee Road, Old River Road, Truxtun Avenue and White Lane.
Bids:
Accept proposal from Dave Bang Associates, Inc. (not to exceed $235,000) for playground
equipment for five (5) parks (Castle Park, H~ggin Oaks Park, Jefferson Park, Siemon Park
and Patriot's Park.
jj. Accept bid from Granite Construction (not to exceed $250,000) for the annual provision of
HUD street materials.
(Ward 2,3,5,6) ii.
kk. Accept bid from Three-Way Chevrolet ($86,998.83) for four (4) replacement mid-size sedans
for the Public Works Department - General Services Division and one (1) additional mid-size
sedan for Development Services.
5
12. CONSENT CALENDAR continued
1600 Truxtun Avenue Improvements:
1. Accept bid and award contract to Masonry Contractor Installers, Inc. ($319,000) to
repair thin brick exterior fascia at 1600 Truxtun Avenue.
2. Appropriate and transfer $359,300 General Fund lease revenues and $23,700
General Fund balance to the Public Works Department Capital Improvement Budget
within the Capital Outlay Fund for the repairs.
Accept bid to award contract to Loop Electric, Inc. ($126,985.95) for traffic signal and lighting
system installation on Hageman Road at Main Plaza Drive.
Accept bid and award contract to Williams Scotsman, Inc. ($181,276.29) for providing
modular buildings for the Public Works Department - Solid Waste Division.
qq. Accept proposal and award contract to MTM Technologies, Inc. (not to exceed $60,000) for
the Firewall and Virtual Private Network (VPN) project.
(Ward 2)
(Ward 4)
00.
(Ward 1,2)
rr.
(Ward 1)
ss.
II. Accept bid from En Pointe Technologies Sales, Inc. ($124,429) for replacement Panasonic
Toughbook computers.
mm. Accept bid from Refuse Power Systems ($593,202.69) for three (3) additional front loader
refuse trucks.
nn.
pp.
Accept bid and award annual contract to Jim Alfter Cement Contractor (not to exceed
$994,000) for construction of HUD funded curb and gutter.
Accept bid and award contract to Wallace & Smith Contractors ($3,310,690) to construct Fire
Station No. 5 and Police Satellite Office.
Miscellaneous:
tt. Audit Reports for fiscal year ended June 30, 2006 (refer to Budget & Finance Committee):
1. Comprehensive Annual Financial Report (CAFR).
2. Independent Auditors Report - Single Audit Report - Schedule of Federal
Expenditures for the City.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to
the Bakersfield Subregional Wastewater Management Plan.
4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the
City.
Encroachment Permit to allow ten decorative arches within City right-of-way at five
intersections within the McAllister Ranch Planned Community Area, located at Canfield
Parkway at Panama Lane; Stetson Way at Panama Lane; McAllister Ranch Road at Panama
Lane; Stetson Way at Pensinger Road; and, McAllister Ranch Road at Pensinger Road.
Staff recommends adoption of Consent Calendar items a through uu.
(Ward 5)*
uu.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
Public Hearing to consider Resolution approving the Specific Parks & Trails Plan for the Old
River Ranch development area in southwest Bakersfield. (Applicant: SmithTech USA
Inc./Developer: PB Ventures LLC) (File No. 06-0818)
Staff recommends adoption of resolution.
6
(Ward 5, 6)*
a.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
1/10/07 3:45pm
7
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
Regular Meeting
AGENDA SECTION: Closed Session
ITEM: L{. Q. -d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
January 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 1.
Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section
54956.9 - Claim of Kern Charter Service.
2. Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
(3 cases):
. DKS Investments, LLC, et al v. City of Bakersfield
Kern County Superior Court Case No. S-1500-CV- 259731-LPE
. John M. Tarabino, et al v. City of Bakersfield, et al
KCSC Case No. S-1500-CV-257620-SPC
. North Kern Water Storage District v. Kern Delta Water District, et ai,
Tulare County Superior Court Case No. 96-172919
3. Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
4. Conference with Legal Counsel - Potential Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9.
(One matter).
VG:dll
S:ICOUNCILICI Sess\AdmlnsI06~7\01-17~7PolUtExisUitPollnlt.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Presentations
ITEM: q. Q.
Mayor Harvey L. Hall
January 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
OVED
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT: Presentation by Mayor Hall of Certificates to the Bakersfield Christian Hi
Girls Varsity Volleyball State Champions
RECOMMENDATION:
BACKGROUND:
ndw
January 5, 2007. 2:05PM
S:\MA YOR\ADMIN\2oo7\BCHS VOLLEYBALL.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Appointments
ITEM: Il.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A McCarthy, City c'ert!li~
January 4, 2007
APPROVED
DEPARTMENT HEAD~-*r
CITY ATTORNEY 150 l V.
CITY MANAGER
SUBJECT: One appointment to the Golden Empire Transit District Board due to the e
term of Christopher Finberg, term expired January 6,2007.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Golden Empire Transit District Board due to the expiration of term of Christopher
Finberg, whose term expired January 6, 2007. The news release for this recruitment was posted on
December 8, 2006.
Applications to fill the expired term have been received from:
. Mary Torres Almaraz
. Norris Norman Ledbetter
. Robert Joe Mayborn
. Mark Allen McCallum
. Alvin George Sandrini
. Ronald L. Wolfe
The Golden Empire Transit District Board supervises and regulates transit facilities owned, operated or
controlled by the district, including establishment of rates, rentals, charges and classifications,
enforcement of regulations, contracts, practices and schedules. City representatives are nominated and
appointed by the full Council and must be residents of the City of Bakersfield throughout their 4-year term.
Meetings are held the first and third Tuesdays of each month at 5:30 p.m. in the District Board Room at
1830 Golden State Avenue.
January 4, 2007, 12:26PM
S:\Bds&Comm\GETD\Admin Jan 07.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Appointments
ITEM: \ \ . b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
December 20, 2006
APPROVED
DEPARTMENT HEA~ k.,... It'!
CITY ATTORNEY t1
CITY MANAGER
SUBJECT: One appointment to the Miscellaneous Civil Service Board, due to the resignation of
Sam Chow, term expiring December 31, 2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Miscellaneous Civil Service Board due to the resignation of Sam
Chow, whose term expires December 31, 2008. The news release for this recruitment was posted
on December 8. 2006.
Applications have been received from the following:
. Ronald L. Wolfe
. Virginia McClellan
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 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue,
Bakersfield.
S:\Bds&Comm\MISCCS\admin 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Appointments
ITEM: 1\. c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
December 20, 2006
APPROVED
DEPARTMENTHEA~
CITY ATTORNEY U) ..
CITY MANAGER
SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Sherry Core (Ward 3).
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one vacancy on the Keep Bakersfield Beautiful Committee due to the resignation of
Sherry Core (Ward 3). The news release for this recruitment was posted on November 13, 2006.
Applications for appointment have been received from the following:
. Leah Kay Carter
. Ray Paul Juhl
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight Mayor/Council-appointed members who will take on the responsibility of decision making for the
beautification program. Terms of office run concurrent with the term of his or the nominating
Councilmember or Mayor, however it is not necessary for a Councilmember to nominate a resident from
his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
December 20,2006, 12:52PM
S:\Bds&Comm\KBBC\Admin Jan 2007.dot
rg
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Appointments
ITEM: II. d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
December 20, 2006
APPROVED
DEPARTMENTHEA~
CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Appointments to City Council Committees and other special Committees
Vice-Mayor Hanson for 2007 - 2008.
RECOMMENDATION:
To be determined by Vice-Mayor and ratified by Council.
BACKGROUND:
In accordance with Section 2.02.020 of the Municipal Code, the creation of and appointments to Council
Committees are made by the newly elected Vice-Mayor, with ratification by the Council.
At the December 13, 2006 Council meeting, Councilmember Harold Hanson was elected Vice-Mayor.
Accordingly, recommendations for appointments will be made for the following standing Council
Committees and other committee" and board appointments:
Standinc Committees:
Budget and Finance
Community Services
Legislative and Litigation
Personnel
Planning and Development
Safe Neighborhoods and Community Relations
Water Resources
Other Vice-Mayor ADDointments:
Kern Council of Governments
Kern Economic Development
Kern County Museum Authority
Local Agency Formation Commission
Solid Waste Management Advisory
Planning Commission Liaison
Rg
S:\Councilladminsl2005\V-M Appointments.dot
11312005 11 :04 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: ,~. 0..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
January 5, 2007
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the December 13, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 5, 2007
SUBJECT: Approval of department payments from December 01, 2006 to January 4, 2007 in the
amount of $41,276,358.65 and self insurance payments from December 01, 2006 to
January 4, 2007 in the amount of $398,419.65.
RECOMMENDATION:
Staff recommends approval of payments totaling $41,674,779.30.
BACKGROUND:
RAR
January 5. 2007. 9:11AM
S :\RichardIADMI N-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: \;;L.C.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
December 11 , 2006
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code / Se ons ~
1.12.030, ~ 1.12.040, ~ 1.12.050 and ~ 1.12.060 by adding Annexation No. 516
consisting of 25.94 acres, located north of Kern Canyon Road, generally east of Morning
Drive to Ward 3, Annexation No. 504 consisting of 1.08 acres, located north of Snow
Road, east of the Friant-Kern Canal, and west of Calloway Drive to Ward 4, Annexation
Nos. 500 consisting of 80.65 acres, located generally south of Panama Lane, west of
Old River Road and Annexation 511 consisting of 78.83 acres, located at the northeast
comer of McCutchen Road and Buena Vista Road to Ward 5 and Annexation 508
consisting of 43.39 acres, located at the southeast comer of McCutchen Road and Ashe
Road to Ward 6. (Wards 3, 4, 5 & 6)
CITY ATTORNEY
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 516, 504, 500, 511 and 508 into
corresponding Council wards. These annexations were approved by LAFCO recently.
Annexation No. 516 is located north of Kern Canyon Road, generally east of Morning Drive. The 25.94
acre site is undeveloped. The site is designated for a mobilehome development. The property owner
requested annexation for development purposes and to receive city services.
Annexation No. 504 is located north of Snow Road, east of the Friant-Kern Canal, and west of Calloway
Drive. The property consists of 1.08 acres. The property owner requested annexation for the
development of one single family dwelling and to receive city services.
Annexation No. 500 is located generally south of Panama Lane, west of Old River Road. The 80.65 acre
site is undeveloped. The property owner requested annexation for development purposes and to receive
city services.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 511 is located at the northeast corner of McCutchen Road and Buena Vista Road. The
78.83 acre site is undeveloped. The property owner requested annexation for development purposes and
to receive city services.
Annexation No. 508 is located at the southeast corner of McCutchen Road and Ashe Road. The 43.39
acre site is undeveloped. The site is designated for commercial development. The property owner
requested annexation for development purposes and to receive city services.
S:\Annexation\Ordinances\Admin Draft 1-17-07 SOO, 504, 508, 511,& 516 WARD.DOC
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: I c;2 . d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
December 12, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map NO./10 -25) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1
(One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 0.33 acre located at
7400 Niles Street, approximately 0.5 mile west of Morning Drive (ZC # 06-1766 -
M.S. Walker and Associates, Inc. representing Eliseo Jara, Jr., H. Susan Barnett, and
Michael S. Walker) (Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On December 7, 2006, the Planning Commission held an advertised publiC hearing on this zone
change request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple Family
Dwelling) zone on 0.33 acre. This zone change request will bring the zoning into conformance with the
HMR (High Medium Residential) General Plan Land Use designation on the subject property.
The applicant's reason for the proposed zone change is to facilitate development of a 64 unit residential
condominium complex. The area of the zone change encompasses the northerly 50 feet of the 4.57
acre lot to be developed. For orderly development, the zone change would result in an R-2 zone for the
entire site of the condominium complex. Approval of the proposed zone change would be consistent
with the HMR (High Medium Density Residential) land use designation for the site.
The site is an undeveloped vacant lot containing hilly terrain. The project has received conditional Site
Plan Review approval for a 64 unit apartment condominium complex. This zone change request is a
requirement of site plan approval which requires the northerly 50 feet of the project site to be rezoned
to R-2. The project site is also the subject of a vesting tentative tract map application (VTM 6510) for
residential condominium purposes (application not yet deemed complete). Site Plan Review conditions
also addressed parking, landscaping, and perimeter walls.
No one spoke in opposition to the project at the Planning Commission hearing.
Prepared by madams \ December 12, 2006 \ S:\Dana\Admin\2007\Jan\ 1-17 -1766.Doc
ADMINISTRATIVE REPORT
Page 2
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Notice of Exemption was prepared and advertised.
Staff recommends approval of the zone change.
Prepared by madams \ December 12, 2006 \ S:\Dana\Admin\2007\Jan\1-17-1766.Doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: 1;;2.e.
TO: Honorable Mayor and City Council
December 13, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
Virginia Gennaro, City Attorney
SUBJECT: An Ordinance amending Sections 12.56.020, 12.56.080, 12.56.200, and 12.56.210 of the
Bakersfield Municipal Code relating to parks.
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The first reading of this Ordinance was at the Council meeting held on December 13, 2006. The proposed
amendments simply provide cleanup language to several sections of the Municipal Code relating to parks.
Silver Creek Park and The Park at River Walk were added to the list of community parks. Additionally,
minor changes were made to the sections that provide for the issuance of alcoholic beverage sales
permits and alcoholic beverage consumption permits to make the language clearer. No substantive
changes have been made.
RMS:dll
December 13, 2006, 9:54AM
S:\COUNCIL \Admins\06-07 Admins\ 12.56.020ParksAmd.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: \.:>. ,-f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 18, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V&-
v:~
SUBJECT: Wastewater Treatment Plant NO.3 Expansion Project: (Ward 6)
1. Approval of Engagement Letter with Kutak Rock as bond counsel in connection with
issuance of bonds for expansion of Wastewater Treatment Plant #3 (not to exceed
$135,000).
2. Approval of Engagement Letter with Goodwin Procter as disclosure counsel with
issuance of bonds for expansion of Wastewater Treatment Plant #3 (not to exceed
$77,500).
3. A Resolution of the City Council of the City of Bakersfield, California authorizing City
to reimburse itself for capital expenditures with proceeds of future taxable or tax-
exempt borrowings in accordance with the reimbursement regulations.
RECOMMENDATION:
Staff recommends adoption of this Resolution and approval of engagement letters.
BACKGROUND:
The purpose of the Engagement Letter with Kutak Rock is for them to act as bond counsel
to the City of Bakersfield in connection with the execution and delivery of sewer revenue bonds.
Said bonds are planned to be issued for the purpose of financing the expansion of City's
wastewater treatment plant, # 3.
The Engagement Letter with Goodwin Procter will allow this law firm to act as disclosure
counsel, again, in connection with the issuance of bonds to expand waste water treatment plant
#3, and to guarantee that the City's annual reports on various bond issuances comply with SEC
regulations.
The Resolution authorizing the City to reimburse itself for capital expenditures will allow the
City to be repaid for capital expenditures associated with the expansion of waste water treatment
plant #3 with proceeds from future taxable or tax-exempt borrowings.
January 10,2007, 8:10AM
S:\COUNCIL \Admins\06-07 Admins\Tax-ExemptBorrowingsReso.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I I .
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 28, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Resolution preliminarily approving Engineer's Report and setting date for ublic hearing of
protests for Assessment District No. 06-1, (Etcheverry/Un II/University Park) (Ward 3).
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On August 16, 2006 the City Council approved Resolution of Intention 1473. The
proposed assessment district is named Etcheverry/Linll/Univerity Park and is located as follows:
1. Etcheverrv: This subarea is located east of the Friant Kern Canal, south of 7th Standard Road,
west of Calloway Drive and north of Snow Road and is planned for new residential development. It
is proposed that the improvements for this subarea will be constructed by the developer Lennar
Homes of California, Inc. with acquisition of improvements upon completion. The improvements
include the construction of curbs, gutters, sidewalks, grading, street lights, storm drains, block walls
and paving improvements for Tracts 6343 and 6361 .
2. Lin II: This subarea is located east of Renfro Road, south of Reina, west of Allen and north of
Noriega Road and is planned for new residential development. It is proposed the improvements for
this subarea will be constructed by the developer LennarHomes of California, Inc. with acquisition
of improvements upon completion. The improvements include the construction of curb, gutters,
sidewalk, bike trail, multi purpose trail, paving, grading, sewer, system, lift station, street lights,
street sign~, survey monument encasement, block wall and inner connect conduit improvements
for Tract No. 6453.
3. Universitv Park: This subarea is located at the southwest comer of Ming Avenue and Gosford
Road and is planned for a gated community. It is proposed the improvements for this subarea will
be constructed by the developer Castle and Cooke California Inc. with acquisition of the off-site
improvements upon completion. The improvements include off-site work such as sewer, water,
block wall, storm drain, curbs, gutters, sidewalks, handicap ramps, street lights and survey
monuments within the frontage of tract boundaries.
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 March 14,2007.
Jas
January 9, 2007, 12:24PM
G:\GROUPDA T\ADMINRPT\2007\AD06-1 PreEngRpt.dot
ADMINISTRATIVE REPORT
i
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1.1. h.
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 3, 2007
SUBJECT: Resolution Expanding the List of Charges to be Handled via the Community
Prosecution Program.
RECOMMENDATION:
Legislative and Litigation Committee recommends adoption of resolution.
BACKGROUND:
On January 25, 2006, the City Council directed the City Attorney to implement a Community
Prosecution Program as an element of the City Attorney's Office. The program dedicates personnel to
prosecute "quality of life" crimes.
On November 14, 2006, the Legislative and Litigation Committee received an overview of the
program to date. At that time, the police department requested that two misdemeanor charges be added
to the list of crimes prosecuted under the Program: Penal Code sections 12025 (carrying a concealed
firearm) and 12031 (carrying a loaded firearm in public). The Legislative and Litigation Committee
recommends that the City Council approve adding those charges to the list of crimes already being
handled by the Community Prosecutors.
JS:js
S:ICQUNCILlAdminsI06..Q7 AdminslnewcrimesforCPs.doc
January 4, 2007, 8:08AM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2006
Consent Calendar
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
December 22, 2006
SUBJECT: Resolution Authorizing the Requisite City Personnel to Execute all Documents Required to
Access State Water Resources Control Board Orphan Site Cleanup Grant Funds of $ 1.5
Million for 1433 Union Avenue within the Southeast Redevelopment Project Area, the Mill
Creek South Mixed-Use Project. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The State Water Resources Control Board created a new Orphan Site Cleanup Account (OSCA) Program
to encourage the cleanup of "Brownfield" sites contaminated by petroleum underground storage tanks
where there is no financially responsible party. These sites represent a special problem because they
prevent and delay community redevelopment.
In January 2006 the City of Bakersfield submitted an application for a $1.5 million grant to assist in the
remediation of City-owned brownfield property located at 1433 Union Avenue (formerly the Navy Oil site)
within the Mill Creek South Mixed-Use Project. The City was successful in obtaining the grant for the
project. The Bakersfield Fire Department Prevention Services Division, as the Certified Unified Program
Agency will be the local oversight agency for the soil remediation and risk assessment under the OSCA
grant. The project will be completed no later than July 2008.
This resolution authorizes the requisite city personnel to execute all documents required to access OSCA
grant funds.
S:\Admins\City Council\City Council Admins 2006\orphan grant authorizing sign.doc
12/22/200610:08 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I;;L. i.
LJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
December 27, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Resolutions approving applications proposing
uninhabited territory to the City identified as:
1. Annexation No. 519 consisting of 103.73 acres, located south of Panama Lane,
east of Cottonwood Road. (Ward 1).
2. Annexation No. 566 consisting of 33.18 acres, located north of Etchart Road,
east and west of Coffee Road. (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the
City of Bakersfield are identified as Annexation No. 519 consisting of 103.73 acres of land,
located south of Panama Lane, east of Cottonwood Road and Annexation No. 566 consisting of
33.18 acres of land, located north of Etchart Road, east and west of Coffee Road.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposal is to annex the
land for development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of 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."
S:\Annexation\Res of Applic\Admin Draft 1-17-07 519 & 566.doc
ADMINISlRA liVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I ~ . t(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 5, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sale of Real Property
1. Resolution declaring real property located at the southwest corner of Oli e Drive
and Calloway Drive surplus to needs of the City.
2. Agreement with Calloway Associates, a California general partnership to purchase
property located at the southwest corner of Olive Drive and Calloway Drive for
$1,000,000.
3. Grant of easement to Southern California Gas Company for a gas pipeline and
appurtenant facilities. (Ward 4)
RECOMMENDATION:
easement.
Staff recommends adoption of the resolution, approval of agreement and
BACKGROUND:
On November 19, 2002, the City of Bakersfield entered into Agreement No. 02-335 with the United States
Bureau of Reclamation to permit the realignment of the Friant Kern Canal which was necessitated by the
construction of the Olive Drive and Calloway Drive intersection. The agreement provided for an exchange
of properties which resulted in the City owning a 1.90 acre triangular shaped parcel that was surplus to our
needs.
On June 23, 2004, the City of Bakersfield entered into Agreement No. 04-179 with Calloway Associates
granting them a right of first refusal to purchase the surplus parcel at its fair market value. The surplus
property's fair market value was established by an independent appraisal prepared by George L. Green,
MAl and Randall Franz, MAl, of Kern Appraisal Company. Calloway is the only adjacent property owner
to the surplus parcel as the other two sides are bounded by Olive Drive and Calloway Drive. They plan to
incorporate the surplus parcel into their commercial development.
The Planning Department found the sale consistent with the Metropolitan Bakersfield 2010 General Plan.
Also, the Southern California Gas Company had to relocate their pipeline to facilitate the canal
realignment and has requested a new easement for their relocated facilities.
DMAls
1/5/2007
P:\MyFiles\Admin Reports\Olive Calloway sale.doc
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. (,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 5, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving Adoption Agreement Establishing an Irrevocable Trust F nd
and Plan for Future Retiree Medical Costs as it relates to the City's Retiree
Medical Subsidy program.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The Governmental Accounting Standards Board (GAS B) issued Statements
#43 and #45 in April 2004 and June 2004 respectively. The GASB Statements outline new
reporting requirements for all governmental agencies that provide Other Post Employment Benefits
(OPEB) such as the City's Retiree Medical Subsidy Program. The GASB Statements require the
measurement and reporting of the benefits that have been eamed compared to the amount of funds
that have been set aside to pay for the future cash obligations. The GASB Statements also require
that any cash set aside to fund the future obligations (and thus reduce any unfunded liability) be
placed in an irrevocable trust fund to guarantee that the monies can only be used for the purpose
intended, which is to make future payments related to the Retiree Medical Subsidy program.
At the December 13, 2006 meeting, the City Council approved an Administrative Services
Agreement with Public Agency Retirement.Services (PARS) to assist the City with formation and
administration of the above referenced irrevocable trust fund. The Resolution approves an
Adoption Agreement for the formation of the Plan and Trust for the City so that deposits into the
Fund can begin. In addition, the Adoption Agreement designates the City Manager (or his
designee) as the Plan Administrator. There is also an Investment Guideline Document that defines
the investment and performance objectives for the assets held in the Trust fund.
January 5, 2007, 11 :30AM
S:\Admin\Admin Reports\pars gasb 45 trust and plan.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ia-.m.
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY,
CITY MANAGER
SUBJECT: Resolution adding territory, Area 3-60 (Progress, McKee N) 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. (Ward 5)
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 18, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 13, 2006 the Council adopted Resolution of Intention No. 1496 to add
territory, Area 3-60 (Progress, McKee N), 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 a park and street landscaping for Tentative Tract No. 6616. Area 3-60 is generally
bounded by a line approximately 1,320 feet north of McCutchen Road on the north, a line approximately
1,320 feet east of Progress Road on the east, McKee Road on the south and a line approximately 1,320
feet west of Progress Road on the west. This area will be under the park and streetscape zones of benefit
and will be assigned the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the publiC hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating 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,
covenants have been drafted and will be supplied to the subdivider{s)/developer{s) to be recorded with the
subdivision map.
mr
MD3-60_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: \~. n.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 19, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding territory, Area 5-20 (Berkshire, Madison N) to the C nsolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. 0Nard 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 27,2006 the Council adopted Resolution of Intention No. 1497 to add
territory, Area 5-20 (Berkshire, Madison N), 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 a park and street landscaping for Tentative Tract No's. 6611 and 6397. Area 5-20
is generally bounded by the Arvin-Edison Canal on the north, a line approximately 1,060 feet west of
Cottonwood Road on the east, Berkshire Road on the south and a line approximately 1,320 feet east of
South Union Avenue on the west. This area will be under the park and streetscape zones of benefit and
will be assigned the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD5-20_Est.dol
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1..1. o.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 20,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
; Il,/J
ij ~ t' '--
1/
//
SUBJECT: Resolution of Intention No. 1498 to add territory, Area 4-67 (Morning, Paladil)6 NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6876 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-67 is generally bounded by a line approximately 3,960
feet north of Paladino Drive on the north, Morning Drive on the east, Paladino Drive on the south and a
line approximately 2,460 feet west of Morning Drive on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 20,2006, 10:31AM
MD4-67Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENQA SECTION: Consent Calendar
ITEM: 1;2.. p,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 22, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1499 to add territory, Area 1-67 (Brimhall, CallowayNW) 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 No. 11476 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 1-67 is generally bounded by a line approximately 660 feet north
of Brimhall Road on the north, Calloway Drive on the east, Brimhall Road on the south and a line
approximately 675 feet west of 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
December 22,2006, 10:32AM
MD1-67Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/f(,-
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Lennar Homes of California, INC.,
for Tract 6367 Unit 3 located north and south of Berkshire Road and west of
Highway 99. (Ward 7)
2. Final Map and Improvement Agreements with Frontier Ranch, LLC and California
Home Builders, INC. for Tract 6364 Phase 2 located at the northeast corner of
Reina Road and Renfro Road. (Ward 4)
3. Final Map with The Greater Bakersfield Convention and Visitors Center and the
County of Kern for Parcel Map 10587 located at the southeast corner of Truxtun
Avenue and Q Street. (Ward 2)
4. Improvement Agreements with Castle and Cooke Commercial - CA, INC., for
Parcel Map 11118 Phase 1 located at the southeast corner of Pacheco Road and
Gosford Road. (Ward 5)
5. Improvement Agreements with Ashe Road, LLC, for Parcel Map 11263 located
between the Southern Pacific Railroad and the northwest intersection on Harris
Road and Ashe Road. (Ward 6)
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
January 4,2007, 8:12AM
G:\GROUPDAnADMINRPT\2007\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I ~ . r.
APPROVED
TO:
FROM:
Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
Dianne Hoover,
Director Recreation & Parks
DATE:
December 21,2006
CITY MANAGER
SUBJECT: Agreement with City in the Hills Homeowners Association to provide landscape'
maintenance of the streetscape in Vesting Tentative Tract Map 6452 generally located
south of City Hills Drive between Canteria Drive and Garden Park Drive. (Ward 3).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and City in the Hills Homeowners Association wish to enter into an agreement to
allow the Association to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the south side of City Hills Drive, between the
meandering sidewalk and wall, from Canteria Drive to Garden Park Drive.
The Association wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
5:\2006 Admins\6452 CIH Maintenance 12-13-06admin.doc
12/21/2006: rlj
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1.:1. 5.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD_OLH
CITY ATTORNEY
DATE:
December 21,2006
CITY MANAGER
Dianne Hoover,
Director Recreation & Parks
SUBJECT: Agreement with Julian's Garden Homeowners Association to provide landscape
maintenance of the greenbelt lots in Vesting Tentative Tract Map 6452 generally located
south of City Hills Drive between Canteria Drive and Garden Park Drive. (Ward 3).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and Julian's Garden Homeowners Association wish to enter into an agreement to
allow the Association to maintain landscaping within and adjacent to city rights of way.
The agreement defines the area to be maintained as several small greenbelt lots within the subdivision
located south of City Hills Drive between Canteria Drive and Garden Park Drive.
The Association wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
5:\2006 Admins\6452 Maintenance 12-13-06admin.doc
12/21/2006: rlj
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1.2. +.
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover .
Director of Recreation and Parks
DEPARTMENT HEAD
APPROVED
I)u+
DATE:
December 8, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreements with Castle and Cooke California, Inc., to provide landscape
1. Agreement with Castle and Cooke California, Inc., for them to provide landscape
maintenance of The Shops at River Walk shopping center in Vesting Tentative Parcel
Map 10522; generally located south of Stockdale Highway between Buena Vista Road
and Calloway Drive. ~ard 4)
2. Agreement with Castle and Cooke California, Inc., for them to provide landscape
maintenance of the University Park community in Vesting Tentative Tract Map 6799;
generally located at the southwest corner of Ming Avenue and Gosford Road. ~ard 5)
RECOMMENDATION:
Staff recommends approval of the agreements.
BACKGROUND:
The City of Bakersfield and Castle and Cooke California, Inc., wish to enter into agreements to allow
Castle and Cooke to maintain landscaping within city rights of way.
Agreement "1" defines the area in Vesting Tentative Parcel Map 10522 to be maintained, as the
streets cape adjacent to the Project on the south side of Stockdale Highway, and the median and
streetscape adjacent to the Project. Agreement "2" defines the area in Vesting Tentative Tract Map 6799
to be maintained, as the streetscape adjacent to the Project on the south side of Ming Avenue, and the
streetscape adjacent to the Project on the west side of Gosford Road.
Castle & Cooke wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
December 22, 2006, 3:34PM
S:\Park Tech Files\Admins 06\River Walk shops, University comm. Maintenance.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: Id.. u .
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation & Parks
APPROVED
DEPARTMENT HEAD f) ~ If
.
DATE:
January 17, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Kern Delta Water District and Lennar Homes of California, In " for design,
construction and maintenance of the landscape improvements within the canal easement
located in Tract 6290 (Stine Road and McKee Road) adjacent to the City landscape
easement. (Ward 6)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
In August of 2006, Lennar Homes proposed to create an area of common public use by allowing Lennar
Homes to construct and the City to maintain landscape improvements over a 30' wide Kern Delta canal
easement directly adjacent to the 9' wide City landscape easement. The resulting strip of land extends
some 2000' east of the intersection of McKee Road and Stine Road along the north side of McKee Road.
The improvements would benefit the community with the provision of a linear park type amenity with a
meandering sidewalk,
Terms of the agreement require Lennar Homes to pay all costs for design and construction of the area and
then maintain those improvements for a period of one year, The City will assume maintenance
responsibility after that time. The District is responsible to repair and replace any damaged landscape
improvements as a result of their maintenance or repair activities in the canal easement.
January 10, 2007, 2:41PM
S:\Park Tech Files\Admins 06\Kem Delta C.UA_1.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: . V.
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
January 9, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Trade Agreement between the City of Bakersfield and Land ot 1, LLC, Mel
Heinemann, Managing Member, to trade property located at the southeast corner of
Cottonwood Road and East Berkshire Road for property located at the southwest corner of
East Planz Road and Washington Street. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On June 15, 2006, the Planning Commission recommended denial of GPA/ZC 05-1887, a request by Mel
Heinemann to allow for the development of a 40 acre single-family planned unit development at the
southwest corner of East Planz Road and Washington Street ("Planz Property"). The primary reason for
the denial of the GPA/ZC was the fact that residential uses were proposed within the quarter-mile buffer
area for Wastewater Treatment Plant No.2, established by the Public Works Department to prevent the
development of odor-sensitive land uses in close proximity to this facility. GPA/ZC 05-1887 was
scheduled for consideration by the City Council on August 16, 2006, but was continued without discussion
at the request of Mr. Heinemann. Prior to that date, Mr. Heinemann had begun negotiations with the City
for the proposed trade of his property for 40 acres of a 163 acre City-owned property suitable for
residential development at the southeast corner of Cottonwood Road and East Berkshire Road ("Berkshire
Property"). On November 15, 2006, the Council once again continued GPA/ZC 05-1887 without
discussion at the request of Mr. Heinemann.
This agreement provides for the trade of a 40 acre portion of the City-owned Berkshire Property for the 40
acre Planz Property owned by Mr. Heinemann. The terms of the agreement provide that the trade shall be
made at no cost to the City. Pursuant to the agreement, Mr. Heinemann has agreed to compact pits
located on the Planz Property and generally grade the property to a "farmable condition" acceptable to the
City. Mr. Heinemann has also agreed to construct a new agricultural water well and concrete pipeline on
the Berkshire Property in order to allow the balance of that property to continue to be farmed.
It should also be noted that a GPA/ZC for both the Planz Property and Berkshire Property, contingent on
this trade agreement, was approved by the Planning Commission on December 21,2006. This GPA/ZC
will come before the Council on February 7,2007.
RMS:lsc
January 9,2007, 2:10PM
S:\COUNCI L \Admins\06-07 Admins\PropertyTradeAgr. Heinemann.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I J. . \,AI
TO: Honorable Mayor and City Council
FROM:
DATE:
William R. Rector, Chief of Police
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 5, 2007
SUBJECT: Jail Booking Fees:
1) Agreement with County of Kern ($1,080,429.00) for Jail Booking Fees.
2) Appropriate $430,429.00 of State Booking Fee Reimbursement Revenues to Police
Department Operating Budget within the General Fund toward the cost of Booking
Fees.
RECOMMENDATION:
Staff recommends approval of the appropriation and agreement.
BACKGROUND:
Booking fees paid by the City to the County have been established by state law. Counties may choose to
enter into agreements for a fixed amount to be paid for booking prisoners. The City has had such
agreements with the County in the past. This has been preferable to a "per booking" charge as costs are
more predictable, can be planned for in the budget, and tends to eliminate any disincentives to booking
prisoners due to cost considerations. The City concluded a one year agreement with the County for
booking fees which ended on June 30, 2006.
Current State law, SB 1102, states that booking fees imposed by a county "shall not exceed one-half of
the actual administrative costs." In FY2005-06 the City paid $634,797.00 in booking fees to Kern County.
The administrative costs for jail bookings are based on two elements: the County's per booking charge
and the chargeable BPD bookings from the previous calendar year. In FY2005-06 there were 8,608
chargeable bookings, and the County's per booking fee was $147.49 per booking, yielding a total of
$634,797 in which the City paid to the County.
On June 6, 2006, the Kern County Board of Supervisors adopted a new ordinance, which increased
booking fees 7.75% (from $147.49 to $158.91 per booking). The fee increase was due to a 10.19%
increase in the County's retirement costs and a 5% salary increase for Detention Officers. BPD
chargeable bookings increased 58% (from 8,608 in 2004 to 13,598 in 2005). The increase in bookings
can be attributed to the increase in gang/violent crime related arrests, and to the additional police officers
that have been placed on the streets as a result of the staffing increases directed from Council goals.
Together, these increases equate to $1,080,429 in booking fees owed to the County for FY2006-07 under
the proposed agreement. This is a 70% increase in booking fees over FY2005-06.
January 9. 2007, 4:27PM
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - JAIL BOOKING FEES 2006.doc
ADMINISTRATIVE REPORT
At the time the City's budget was being formed, there were several unknowns regarding booking fees: (1)
the State Legislature was still debating how it was going to change the way booking fees are handled and
had not decided if there would be a reinstatement of booking fee reimbursements; (2) it was unknown that
the County was going to increase their fees; and (3) the number of chargeable bookings for 2005 had not
yet been released. Therefore, only $650,000 was included in the Police Department Operating Budget.
The State's FY2006-07 Budget includes two significant changes that affect the way Jail Booking Fees are
to be handled this year: First, cities are to continue paying Jail Booking Fees per SB 1102 for FY2006-07.
However, the State has appropriated $35 million to cities and other entities for reimbursement of Jail
booking fees paid in FY2005-06. The City received a check for $634,797.00.
The proposed agreement with the County for jail booking fees for FY2006-07 is $1,080,429.00. This
figure is $430,429.00 over the budgeted amount of $650,000.00. The Police Department requests that
$430,429.00 be appropriated from the unanticipated revenue from the State Booking Fee Reimbursement
to the Police General Fund Budget.
The second change in Jail Booking Fees will begin in FY2007-08. At this time counties will be eligible for
$35 million per year in state funding to replace the booking fees they charged to local law enforcement
agencies in FY2006-07. Whenever the State Budget provides funding in lieu of booking fees, counties will
be allowed to charge law enforcement agencies a "jail access fee." But, the "jail access fee" may only be
charged for the bookings of infractions and specified types of misdemeanors that exceed the agency's
average number of bookings for those crimes over the preceding three years. For example, the BPD's
misdemeanor bookings over the three year average (2003-2005) equals 1,090. Using the County's
current per booking fee, the City's jail access fee calculates to approximately $173,159.00. However, if
the State does not allocate the $35 million to counties for jail booking fees, then the process returns to the
method established by SB1102.
The proposed agreement provides that the City may terminate the agreement with a 30-day notice and
allows for payment adjustments should state law change regarding booking fees. The agreement also
provides for reimbursement to the City of booking costs that are ordered by the court to be recovered from
convicted arrestees. Staff from the Police Department and the City Manager's office have reviewed the
proposed agreement and recommend approval.
(dwb)
January 9, 2007, 4:24PM
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07IADMIN RPT - JAIL BOOKING FEES 2006.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 2,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. ')( ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
A/~
January 17, 2007
SUBJECT: Agreement with Coca-Cola Bottling Company of Southern California to provide vending
machines in public parks. (Citywide)
RECOMMENDATION: Staff recommends approval of the agreement and authorization for staff to renew
the agreement annually for five (5) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: On January 23, 2002 Council approved a five-year agreement with Pepsi Bottling Group
to furnish beverage vending machines in City-owned parks. The agreement required Pepsi Bottling Group
to pay the City a total of $77,500 over the five-year term of the agreement with commission incentives for
annual sales growth above a base of 3,120 cases. Due to lower than expected sales, problems with
vandalism, and electrical connection issues, the growth incentive threshold was not reached at anytime
throughout the agreement term. The agreement expires on January 22,2007 and staff issued a Request
for Proposals to determine interest in providing the beverage vending services.
Two proposals were received in response to solicitation. The proposal presented by Coca-Cola Bottling
Group is the most advantageous to the City and is based on providing a guaranteed rebate to the City for
each case of beverage sold and does not penalize the City for failing to reach a sales threshold. In
addition, Coca-Cola will provide yearly marketing for Recreation and Parks Department events that
includes custom banners and in-store display marketing. The agreement is for a five-year period and is
renewable annually for five one-year periods at the City's option and upon mutually agreeable terms.
Total estimated value of the agreement for the initial five-year period, including marketing services, is
$257,500.
Purchasing Division
OW
S:\PURCH\ADMIN\Marketing Partnership in City Parks, Coca-Cola Bottling Company, January 17, 2007.doc
Created on 1/2/20073:48:00 PM
ADMINISTRATIVE REPORT
MEETING DATE January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: t.J.".
7
TO: Honorable Mayor and City Council
CITY MANAGER
FROM:
Florn Core, Water Resources Manager
DEPARTMENT HEAD
DATE:
January 3, 2007
CITY A TIORNEY
SUBJECT:
Agreement (ditch eradication) with LoLand Assets, LP ($153,020) for the Ity to quitclaim a
2,600 ft. portion of the City's easement of the Beardsley Canal 5-Ditch located west of
Calloway Road. (Ward 4)
RECOMMENDA TION:
Water Board and staff recommend approval.
BACKGROUND:
The City is the owner of the Kern River Canal & Irrigating Company, which includes the irrigation canal
known as the Beardsley Canal 5-Ditch. LoLand Assets, LP owns the property on which the west 2,600
feet of the Beardsley Canal 5-Ditch is located. LoLand is currently developing the property and the City
desires to relocate this portion of the ditch and convert into pipeline at some time in the future.
It is common for developers to install at their expense, underground pipelines which can be utilized in
exchange for the ability to fill-in the canals and improve the property. The City desires to relocate this
section of ditch into pipeline at a future time and location. Under the terms of the agreement, the City will
quitclaim its rights in the ditch in exchange for the developer to pay the City the cost to convert this section
of ditch into irrigation pipeline.
LoLand advanced water-availability fees of $153,020.00 to City, requesting City provide domestic water
service for the development. The City is not the purveyor for the property. LoLand has requested the City
accept the earlier-paid water availability fee as payment for the City to qUitClaim the portion of the ditch on
their property and use the fee for the future relocated pipeline construction costs.
The value of the easement has been determined to be equitable to the fees advanced by LoLand.
This agreement quitclaims 2,600 feet of easement to LoLand Assets, Lp for the sum of ($153,020.00).
The City Water Board reviewed this agreement and voted unanimously to approve and recommend City
Council approval.
5:\2007 ADMIN REPORT5IJanuary17QuitclaimLoLand5ditch.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ.. ~ .
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover, Director
Recreation & Parks Department
January 8, 2007
DEPARTMENT HEAD
APPROVED
;It H-
DATE:
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Kern High School District (KHSD) for use of aquatic faciliti at McMurtrey
Aquatic Center, Silver Creek Pool, Dr. Martin Luther King, Jr. Pool, and Jastro Pool for
practice and swim meets for payment to the City in an amount not to exceed $60,000
(Wards 1, 2 and 6).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield to
use aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool, Dr. Martin Luther King, Jr. Pool, and
Jastro Pool for practice and swim meets. Each year, the City has entered into an agreement, whereby
KHSD utilizes the facilities during the winter months and pays the City a fee for doing so. The agreement
specifies use of these facilities from January 29 through May 11, 2007 at mutually agreed upon times.
January 9, 2007, 9:35AM:rlj
C:\DOCUME~1 \~amison\LOCALS~1 \Temp\XPgrpwise\KHSD Admin_1-07 .doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1.;1. l1f1. .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
January 8, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Environmental Impact Report (EIR) for General Plan AmendmentlZone Change No. 06-
1877 (Coffee-Brimhall LLC) generally located north of Brimhall Road, west and east of
Coffee Road. (Wards 4 and 2).
1. Agreement with Coffee-Brimhall LLC. ($286,379.00) for the preparation of an
Environmental Impact Report (EIR) and appropriate $214,838.00, (developer's
contribution) to the Development Services Operating budget in the General Fund.
2. Agreement with Christopher A. Joseph & Associates ($214,838.00) to prepare (EIR).
RECOMMENDATION:
Staff recommends approval of the agreements and the ',appropriation of funds.
BACKGROUND:
Coffee-Brimahll LLC is proposing the development of residential, retail and office uses on
approximately 236 acres, generally located north of Brimhall Road, west and east of Coffee Road.
Applicant - City Agreement:
This agreement acknowledges that Coffee-Brimhall LLC will pay for all costs associated with the
preparation of the environmental Impact Report (EIR). The total cost of the EIR is $286,379.00, which
consists of $214,838.00 for the consulting services and $71,541.00 to reimburse the City for its costs in
managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
AmendmentlZone Change No. 06-1877 by Christopher A. Joseph & Associates.
MO: \s:\GPA 2nd 2007\06-1Sn (World 011 EIR)lAgreements . ContractslAdmln Report 1788.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ie?. bb.
TO: Honorable Mayor and City Council
FROM:
DATE:
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 3, 2007
SUBJECT: Amendment No. 1 to Agreement No. WR 06-025 with Kenneth D. Schmidt and Ass ciates
($ 32,000.00; revised not to exceed $ 107,000.00) to include hydrogeologic services associated
with the pilot hole sampling and construction of new City water supply wells. (Wards 2,3,4,5,6
& 7)
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The City has experienced tremendous growth throughout the Domestic Water Service
area and needs to construct and place into operation wells to meet the increased demand for water. To meet
the higher water quality standards and avoid groundwater quality issues when drilling new water supply wells
the City contracted with Kenneth D. Schmidt and Associates to develop new drilling standards, compile and
review data, and evaluate areas with potential groundwater quality problems.
Amendment NO.1 to Agreement No. WR 06-025 will modify the agreement to include hydrogeologic field
services associated with the pilot hole sampling and construction of new City supply wells. The increase in the
contract amount is $75,000.00 for a not to exceed amount of $107,000.00.
Kenneth D. Schmidt and Associates will provide hydrogeologic services associated with pilot hole sampling
and construction of City supply wells; review specifications and bids received and provide comments; log the
drill cuttings, observe the electric logging, and prepare a geologic log for the pilot hole; select the intervals for
water quality sampling; select samples of fine sands for sieve analysis; arrange for sieve analysis, check the
depth sampling procedures; make field measurements; recommend well completion design, observe
installations as per the approved design, and test the well for optimal pump location and pumping rate,
prepare and submit reports on the test results.
Ken Schmidt of Kenneth Schmidt and Associates is the expert on groundwater quality and well development in
the area and his requests for proposals for hydrogeologic work are consistently below his competitors. The City
has experienced excellent work products and we estimate previous savings in excess of $200,000.00.
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: Icl. CL .
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
December 21,2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 05-031 for Workers' Com ensation claims
administration services with Acclimation Insurance Management Services, Inc. (AIMS) in an
amount not to exceed $259,085.
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
Acclimation Insurance Management Services, Inc. (AIMS) has been the Workers' Compensation claims
administrator for the City since 1997. AIMS employs highly skilled, licensed adjusters to manage City
claims. The most recent contract between the City and AIMS was dated January 26, 2005. The term of
the contract was for two (2) years, expiring February 5, 2007. The first year fee was two hundred thirty-
nine thousand, five hundred ninety-five dollars ($239,595). The second year fee was two hundred forty-
nine thousand, one hundred twenty dollars ($249,120). The contract contains an option clause that
permits the City to extend the contract for one (1) additional year. The fee for professional services in the
third year may not exceed two hundred fifty-nine thousand eighty-five dollars ($259,085) including, but not
limited to all out-of-pocket expenses.
Over the past year, the City's Workers' Compensation costs have declined by over $1 million dollars
($1,000,000) or 29% lower than the previous fiscal year. This was due partly to changes in the law and
also a result of the excellent claim management services provided by AIMS.
According to the recently completed actuarial review of the City's Workers Compensation Program the
number of claims per $1 million of payroll has steadily decreased annually from 5.27 in FY 1996-97 to 2.96
for FY 2005-06. This reflects a 43% decrease in the number of workers compensation claims filed over the
past 10 year period.
Based upon the City's positive experience with AIM's managing our worker's compensation claims, it is
staffs recommendation that City Council approve the extension of the AIMS contract as Worker's
Compensation claims administrator for one (1) additional year. Staff recommends that at the end of the
one year extension the City issue a Request for Proposals for Workers' Compensation claim management
January 5, 2007, 10:59AM
S:\Ralph\AIMS\Admin. Rpt.-AIMS.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: l.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
APPROVED
December 22, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
i '
SUBJECT: Amendment No. 1 to Agreement No. 05-032 for Automobile/General {iability claims
administration services with Acclimation Insurance Management Services, Inc. (AIMS) in an
amount not to exceed $13,333.33 per month.
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
Acclimation Insurance Management Services, Inc. (AIMS) is the current claim administrator for Automobile
and General Liability claims filed against the City. At present, AIMS handles only those claims that are
relatively small and uncomplicated. The more difficult claims are handled by Bragg & Associates, another
third party claim administrator. Bragg handles claims arising out of Police Department activities as well as
employment liability claims.
The current AIMS contract expires on February 5, 2007. The City is issuing a Request for Proposals
(RFP) for claim administration services on the types of claims that are presently handled by AIMS. The
expiring AIMS contract will be extended on a pro-rata month-to-month basis, at existing rates, while
proposals from claim administrators are being evaluated and a contract is negotiated. The current AIMS
contract calls for professional fees not to exceed one hundred sixty thousand dollars ($160,000) in the
optional third year. AIMS has agreed to charge monthly fees calculated on a pro-rata basis of that
amount, thirteen thousand, three hundred thirty-three dollars and thirty-three cents ($13,333.33). AIMS
will be given the opportunity to submit a proposal, should they choose to do so.
It is staff's recommendation that the City Council approve the amendment to extend the current AIMS
contract on a pro-rata month-to-month basis.
January 5, 2007, 11 :OOAM
S:\Ralph\AIMS\Admin. Rpt.--Aims GL.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: l;{. et, .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
December 19,2006
SUBJECT: Amendment No.2 to Agreement No. 05-442 with Krazan & Associates. Inc., ($250,000 for
a total not-to-exceed compensation clause of $600,000) for Material Testing Services for
Various Construction Projects, Calendar Years 2006 and 2007.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 05-442 with Krazan & Associates, Inc. was approved by the City
Council on December 14, 2005 with a not to exceed compensation clause of $248.921.25. The amount of
compensation was estimated based upon 1) previous years' contracts for testing, 2) projected amount of
testing needed for the CIP budget years covered, and 3) current and projected hourly rates of the
laboratories and technicians.
Amendment No. 1 to this agreement was approved by Council on May 24, 2006. This provided for
expanding the Scope of Work to include other geotechnical and material testing services, such as: asphalt
coring, pavement thickness determination, soil boring testing, percolation testing, R-value determination
and density testing. This resulted in a revised total compensation of $350,000.
In calendar year 2006, the Planz Road Sewer Project required more testing than originally anticipated.
Further, the Gosford at McCutcheon Lift Station Project was an unplanned emergency project which
required extensive material and soil testing. These occurrences and additional testing requirements of
other projects will result in the depletion of the contract compensation before the expiration of the
agreement.
This amendment adjusts the total compensation to $600,000. Funding for this amendment will be from
budgeted Capital Improvement Projects.
G:\GROUPDA T\ADMINRPT\2007\Amend 2 Agreement 05-442.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: \
Florn Core, Water Resources Manager
TO:
FROM:
DATE:
Honorable Mayor and City Council
December 8, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order NO.1 to Agreement No. 06-142 with Bakersf Well & Pump
Company ($13,080.00 for a revised not to exceed award of $1,080,225.00) for
abandonment of well CBK-48 on Barley Harvest Avenue and additional soil compaction and
testing. (Ward No.6)
RECOMMENDATION:
Staff recommends approval of the Contract Change Order.
BACKGROUND:
Through our zone testing procedures used on recently drilled domestic water well CBK-48, it was
determined that it would be necessary to abandon the well due to the presence of arsenic exceeding state
department of health services maximum contamination levels of 10 ppb from all zones sampled and
additional soil compaction and testing is required to restore the CBK-48 lot to standards for selling of the
lot.
This is the first Contract Change Order submitted for this project. This change order will increase the
project total by $13,080.00.
Original Contract Amount
Amended Contract Amount and Change Order
Net Increase
=
$1,067,145.00
$1,080,225.00
$13,080.00
=
=
5C:bz
December 29, 2006, 8:44AM
5:\2006 ADMIN REPORT5\Jan17-07 CC01 BkrsfldWell&Pump.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM:
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
" 1PPROVE D
lj
( '.--
If
TO:
Honorable Mayor and City Council
December 14, 2006
SUBJECT: Contract Change Order NO.7 to Agreement 05-218 with Floyd Johnston onstruction Co.
($41,424.93 increase for a revised not to exceed amount of $9,106,569.64) for the Trunk
Sewer Replacement along Planz Road (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the replacement of the deteriorated sewer trunk line on Planz
Road between South Chester Ave and Sewer Treatment Plant No.2. Construction of this project began in
December 2005.
During construction, most all of Planz Road between Cottonwood and Madison would receive new paving;
however, a small portion of this roadway would be left in a deteriorated condition. The contractor has
agreed to grade and pave this additional roadway for the lump sum price of $21,290.62.
A 6 inch sewer line is conflicting with one of the manholes that must to be installed in the area of
Treatment Plant #2. As such, this sewer line needs to be relocated. The contractor has agreed to perform
this work for the lump sum price of $1,052.39.
During construction operations an abandoned concrete irrigation line was discovered and broken. The
contractor has agreed to abandon this line in the area of the sewer trench for the lump sum price of
$366.12.
Due to an unexpected conflict with a PG&E gas main, the contractor's operations were delayed. In
addition, 92 lineal feet of curb & gutter must be removed and replaced in order to safely lay the new sewer
trunk line in the planned location. The contractor has agreed to accept a lump sum of$4,559.56 for
production loss as well as curb & gutter replacement.
A pump at Treatment Plant #2 failed and caused raw sewage to overflow in an unfinished portion of the
new sewer line being installed. The contractor has agreed to accept a lump sum of $1,178.14 to clean this
portion of the new sewer line.
Several contract items need to be either increased or decreased in order to construct this project per the
plans and specifications. These needed quantity adjustments will result in a net cost increase of
$12,978.10. The increases and decreases in the various contract item quantities are outlined in the
attached Change Order.
G:\GROUPDAT\ADMINRPT\2007\CCO 7 - Planz Rd Sewer,doc
RM
ADMINISTRATIVE REPORT
This is the Seventh contract change order to be submitted for the project. This change order will increase
the project total by $41,424.93. The change orders to date on this project reflect a net increase of
$291,379.64 (which is an increase of 3.3% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$8,815,190.00
$9,106,569.64
$ 291,379.64
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAT\ADMINRPT\2007\CCO 7 - Planz Rd Sewer.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: 12. hh.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 28, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
,
f{L/
SUBJECT: Contract Change Order No.3 to Agreement 06-111 with A.C. Electric Co. ($38, 134.86 for a
revised not to exceed amount of $556,427.86) for the Traffic Signal Interconnect Part 3 on
Buena Vista Road, Coffee Road, Old River Road, Truxtun Avenue, and White Lane (Wards
1,2,4, and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction on this project began in July, 2006. During construction, it was discovered
that many different segments of our existing interconnect conduit system were damaged, broken, blocked
with mud, or missing altogether. As a result of these problems, it was impossible to pull new interconnect
wire through the existing conduit without first investigating the problem and repairing the existing piping.
The repair process involved exposing the buried conduit, removing mud and other debris from the pipe,
repairing the conduit, and returning the surrounding area to its original condition. Several segments of
conduit were discovered to be impassable on Buena Vista Road, Coffee Road, Old River Road, Truxtun
Avenue, and White Lane.
This is the third contract change order to be submitted for the project. This change order will increase the
project total by $38,134.86. The change orders to date on this project reflect a net increase of $62,467.86
(which is an increase of 12.6% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$493,960.00
$556,427.86
$ 62,467.86
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAT\ADMINRPT\2007\CCO 3 Traffic Signal Interconnect 3.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: l.:4." ,'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 3, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept proposal from Dave Bang Associates, Inc. (not to exceed $235,000.00) for
playground equipment for five (5) City-owned parks. (Wards 2, 3, 5 & 6)
RECOMMENDATION: Staff recommends acceptance of the proposal and purchase of the equipment.
BACKGROUND: Requests for Proposals were sent to eight suppliers for designing and providing exterior
commercial-grade playground equipment for the City's Recreation and Parks Department for Castle Park,
Haggin Oaks Park, Jefferson Park, Siemon Park and Patriot's Park.
Utilizing the playground information supplied by the City, the suppliers were required to provide a detailed
design proposal for each project site as well as provide the equipment. Play area design and equipment are
required to meet all current playground safety standards and certifications in effect at the time of installation.
Installation is not included and will be performed by equipment manufacturer-certified installers. Two proposals
were received in response to solicitation. The proposals were reviewed by staff based on the following criteria:
1. Quality and durability of the equipment, including color retention and vandal resiliency/resistance.
2. Design - Form, function and aesthetics, utilization of the site and surroundings and integration of ADA
accessibility .
3. Amount, type and variety of equipment proposed and linking of play components.
4. Number of youth afforded a play opportunity at one time and their personal movement patterns.
5. Adherence to noted specifications and constraints (Le., design layout, component styles, colors, etc).
6. Fall surfacing depth and layout requirements.
7. Equipment cost.
a. Equipment warranty.
9. Previous experience of Offeror.
10. Completeness of Proposal and adherence to submission requirements.
After an in-depth review of each design, staff has determined that the proposal submitted by Dave Bang
Associates, Inc., provides the most comprehensive solution, best utilizes the play areas' footprints and provides
the best value to the City.
Purchasing Division
DW
S:\PURCH\ADMIN\Playground Equipment, 06-07-33, January 17, 2007 Revision.doc
Created on 1/5/2007 10:02:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: la. I' ; .
~
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 3, 2007
SUBJECT: Accept bid from Granite Construction (not to exceed $250,000.00) for the annual provision
- HUD street materials. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bids and authorization for staff to renew the
pricing schedule annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Invitations to bid were sent to five (5) suppliers for providing HUD Street Materials for
the Public Works Department. The bid required suppliers to provide pricing for various types and
quantities of asphalt to be used in the maintenance of City streets. Two (2) bids were received in response
to solicitation. The bid pricing schedule is renewable annually for four (4) consecutive one-year periods at
the City's option and upon mutually agreeable terms.
COST PER TON
COMMODITY GRANITE CONSTRUCTION AC MATERIALS
Bakersfield, California Bakersfield, California
Type B Asphalt Concrete
size 3/8 inch (3/8") aggregate
Estimated Annual Qtv: 250 Tons $47.25 $48.14
Type B Asphalt Concrete
size 1 /2 inch (1/2") aggregate
Estimated Annual Qty: 4,000 Tons $47.00 $50.63
Type B Asphalt Concrete
size 3/4 inch (3/4") aggregate
Estimated Annual Qty: 250 Tons $46.80 $46.49
TOTAL BID $226,847.16 $242.575.37
Staff finds the low bid to be acceptable and recommends award to Granite Construction, Bakersfield.
Purchasing Division
OW
S:\PURCH\ADMIN\AC HUD Street Materials, 06-07-52, Granite Construction, Inc., January 17, 2007.doc
Created on 1/3/2007 1 :40:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I c1 . kK.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 2, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
!.
y
Accept bid from Three-Way Chevrolet in the amount of $86,998.83 for fou (4) r placement
mid-size sedans for the Public Works Department General Services Division and one (1)
additional mid-size sedan for Development Services. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to sixteen (16) suppliers for providing four (4) replacement
and one (1) additional mid-size sedans to be used by the Public Works Department General Services
Division and the Development Services Division.
Two (2) bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$86,998.83
Three-Way Chevrolet
Bakersfield, California
Jim Burke Ford
Bakersfield, California
$99,724.04
Staff finds the bid submitted by Three-Way Chevrolet to be acceptable.
Purchasing Division
DW
S:\PURCH\ADMIN\Mid-Size Sedans, 06-07-29R, January 17, 2007.doc
January 4, 2007
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: ltl 0 \ I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/'V'~
January 3, 2007
SUBJECT: Accept bid from En Pointe Technologies Sales, Inc. ($124,429.00) for replacement
Panasonic Toughbook computers (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for thirty-six (36) Panasonic Toughbook
computers.
BACKGROUND: Invitations to bid were sent to approximately one hundred (100) suppliers for
replacement Panasonic Toughbook computers to be used by various City departments. Three (3) bids
were received in response to the solicitation.
BIDDER
AMOUNT
$124,429.00
En Point Technologies Sales, Inc.
EI Segundo, California
Insight Public Scetor
Tempe, Arizona
$138,769.92
Zones, Inc.
Auburn, Washington
$167,783.23
Staff finds the low bid to be acceptable and recommends award of the bid to En Pointe Technologies
Sales, Inc., EI Segundo, California in the amount of $124,429.00
Purchasing Division
OW
S:\PURCH\ADMIN\Panasonic Toughbooks. 06-07-62, January 17, 2007.doc
Created on 1/3120072:57:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. mm,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 3, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Refuse Power Systems ($593,202.69) for three (3) additional
refuse trucks.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to Bid were sent to seven (7) suppliers for providing three (3) front loader
refuse trucks. Five (5) bids were received in response to solicitation and are as follows:
1 % LOCAL ADJUSTED DELIVERY
BIDDER AMOUNT PREFERENCE BID AMOUNT TIME
Refuse Power Systems $593,202.69 15 Days
Simi Valley, California
Bakersfield Truck Center $594,633.11 $5,964.33 $588,676.78 110 Days
Bakersfield, California
Golden State Peterbilt $595,091.80 $5,950.92 $589,140.88 270 Days
Bakersfield, California
Bakersfield Truck Center $598,632.46 $5,986.32 $592,646.14 210 Days
Bakersfield, California
Central Valley Truck Center $663,192.12 140 Days
Fresno, California
Application of the one percent (1 %) preference places Bakersfield Truck Center as the lowest bidder. However,
Bakersfield Truck Center will be unable to deliver the trucks for approximately 110 days due to nationwide
delays in manufacturing 2007 model year diesel engines meeting new emission reduction rules. The
nationwide delay in producing 2007 model year trucks is a serious issue affecting the refuse industry. This
delay has cost the City approximately $32,467 to cover routes with overtime thus far in FY 2006-07. The bid
submitted by Refuse Power Systems in response to the Invitation to Bid is for three (3) 2006 model year refuse
trucks.
Purchasing Division
OW
S:\PURCHIADMIN\Front Loader Refuse Trucks, January 17, 2007.doc
ADMINISTRATIVE REPORT
These trucks meet the City's specifications and are available immediately due to the cancellation of another
city's order. As such, it is more cost effective for the City to purchase the units from Refuse Power Systems
rather than continuing to incur the extra cost of overtime to operate routes without a sufficient number of trucks.
The extra purchase cost of $4,525.91, after accounting for the one percent (1 %) local preference, is small
compared to the cost of $41,695.50 for additional overtime to wait for the lowest price bid, computed as follows:
95
X5
475
X3
1,425
X $29.26
$41,695.50
extra days delivery time
hours per day collection time (the other 3 hours are spread among existing routes)
extra collection hours
trucks (one short for growth and two disabled waiting replacement)
overtime collection hours
overtime rate ($19.51 times 1.5)
overtime cost waiting for delivery for 95 extra days
Purchasing Division
DW
S:\PURCH\ADMIN\Front Loader Refuse Trucks, January 17, 2007.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I~. nn,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Work Director
January 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 1600 Truxtun Avenue Improvements, Repair "Thin Brick" Exterior Fascia (Ward 2):
1. Accept bid and award contract to Masonry Contractor Installers, Inc. ($319,000) for said
repair work.
2. Appropriate and transfer $359,300 General Fund lease revenues and $23,700 General
Fund Balance to the Public Works Department's Capital Improvement Budget within the
Capital Outlay Fund for said repairs.
Staff recommends acceptance of low bid, award of contract, and approval of
appropriation and transfer.
BACKGROUND: This project will repair the thin brick fascia on the former Borton Petrini & Conron
Building acquired by the City on December 29, 2006. The inspection report prepared by the City's
Consultant (November 2006) indicated that the original construction of this thin brick fascia failed to
include expansion joints, thus causing some of the fascia to become loose and separate from the exterior
walls.
RECOMMENDATION:
City staff was aware of the need for this project when acquiring the property. The Engineer's Estimate was
$250,000.
One acceptable bid was received on January 9, 2007 as follows:
Masonry Contractor Installers, Inc.
P. O. Box 6024
Santa Rosa, CA 95406-6024 (Outside City)
in amount of
$319,000
The appropriated amount of $383,000 includes the contract amount of $319,000 plus 10% contingency of
$32,000 plus 10% for construction administration and inspection of $32,000.
PWIENGR wgm
January 9. 2007. 3:41PM
G:\GROUPDAT\ADMINRPT\2007\1600 Truxtun Ave. Improvements. P7K117.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2006
AGENDA SECTION: Consent Calendar
ITEM: I(}.... 00.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
:JiL
December 26, 2006
SUBJECT: Accept bid to award contract to Loop Electric, Inc ($126,985.95) for the Tr ffic Signal and
Lighting System Installation on Hageman Road at Main Plaza Drive Project (Ward 4).
RECOMMENDATION:
Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a traffic signal, lighting system, pavement marking,
handicap ramp and signage at the intersection of Hageman Road at Main Plaza Drive. The project also
includes installing interconnect to include the above referenced new signal in the City's Intelligent
Transportation System.
The majority of this project (88.53%) is funded with federal Congestion Management Air Quality funds.
The remainder is funded with Gas Tax Funds.
On December 13, 2006, four acceptable bids were received as follows:
Loop Electric
7040 Downing Ave
Bakersfield, CA 93308 (City) in the amount of $126,985.95
TES Electric
5306 Aldrin Court
Bakersfield, California 93303 (City)
A-C Electric Company
315 30th Street
Bakersfield, California 93303 (City)
in the amount of
$133,000.00
in the amount of
$139,392.50
Freeway Electric
5942 Acorn Street
Riverside, California 92504 (Riverside Co)
in the amount of
$206,206.00
January 3, 2007, 4:33PM
G:\GROUPOA T\AOMINRPT\2007IAdminRptHagemanMainPlaza .doc
ADMINISTRATIVE REPORT
MEETING DATE: January 2, 2007
AGENDA SECTION: Consent Calendar
ITEM: \ J,.. DO.
, ,
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 17, 2007
SUBJECT: Accept bid and award contract to Williams Scotsman, Inc. ($181,27 .29) for providing
modular buildings for the Public Works Department Solid Waste Division. (Wards 1 and 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to Bid were sent to twelve (12) suppliers for providing and installing four (4)
modular buildings and relocating one (1) existing modular building for the Public Works Solid Waste
Division. Three (3) bids were received in response to solicitation and are as follows:
BIDDER
AMOUNT
$181,276.29
Williams Scotsman, Inc.
Bakersfield, California
Design Space Modular Buildings
Fresno, California
$183,594.00
Global Modular, Inc.
Chowchilla, California
$244,194.00
In accordance with the requirements of the Invitation to Bid, suppliers are to relocate the existing modular
building located at the City's Corporation Yard in order to accommodate installation of three (3) modular
buildings which will be used by the Solid Waste Division as a restroom facility, field supervisor offices and
a meeting room. The meeting room will provide space for training as well as serving as an Emergency
Operations Center. The additional modular building is to be installed at the Greenwaste Recycling Facility
and will function as restroom facilities.
Staff finds the low bid to be acceptable and recommends award of the bid to Williams Scotsman, Inc. in
the amount of $181,276.29.
Purchasing Division
DW
S:\PURCH\ADMIN\Modular Buildings for Solid Waste, 06-07-44, January 17, 2007.doc
Created on 1/2/2007 1 :46:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: I c1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 3, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept proposal and award contract to MTM Technologies, Inc. (not to exceed $60,000.00)
for the Firewall and Virtual Private Network (VPN) Project. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the proposal and award of contract.
BACKGROUND: Requests for Proposals were sent to approximately one hundred twenty (120)
consultants for design, configuration and implementation of a Firewall and VPN solution.
The scope of work for this project includes providing the required hardware and software as well as
configuration and implementation services for a Cisco perimeter firewall system and Virtual Private
Network. The project is is designed to provide redundant protection to the City's computer resources and
data from unauthorized access via the Internet as well as secure access to the City's network from the
internet by City employees such as Code Enforcement and Building Inspectors.
Five proposals were received in response to solicitation. The proposal submitted by MTM Technologies,
Inc., Bakersfield, provides the most comprehensive solution and best value to the City.
Purchasing Division
DW
S:\PURCH\ADMIN\Firewall and VPN Project, 06-07-45, January 17, 2007.doc
Created on 1/4/20073:42 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: la. rr '
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Jim Alfter Cement Contractor (not to exceed $944,000.00)
for the annual contract for construction of HUD-Funded curb and gutter. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to approximately forty (40) contractors for the Annual
Contract for construction of curbs, gutters and sidewalks in the areas of the city receiving HUD funding.
Two bids were received in response to solicitation and are as follows. The bids submitted are based on
an estimated quantity of work multiplied by the contractor's unit price. The actual budget available for the
work is $944,000.000.
BIDDER
AMOUNT
$762,000.00
Jim Alfter
Bakersfield, CA
D.O. D. Construction
Bakersfield, CA
$970,040.00
Staff finds the low bid submitted by Jim Alfter Cement Contractor, Bakersfield, to be acceptable.
Purchasing Division
DW
S:\PURCH\ADMIN\AC for Construction of HUD-Funded Curb and Gutter, 06-07-51, Jim Alfter Cement, January 17, 2007.doc
January 4, 2007, 3:33PM
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: 1:2. SS.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A~PROVED
l/~_..
SUBJECT: Accept bid and award contract to Wallace & Smith Contractors ($3,310,690.
Fire Station No, 5 and Police Satellite Office (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The current Fire Station #5 at 700 Planz Road was built in 1954 and is now dilapidated,
lacks space, has inadequate street access and needs to be demolished. In addition, the existing fire
station needs to be better centralized within its fire response area. The number of people served by Fire
Station #5 is 35,547 per the 2000 U.S. Census. The existing fire station was not designed to
accommodate the new apparatus and equipment that is currently being used by the Fire Department. The
new fire station will be better able to serve it's service area. Currently, the closest City police facility for
these residents is at 3945 Hughes Lane. The new police satellite office will also be better centralized to
the City residents it would serve within a two mile radius. That existing facility will be closed when the new
substation is opened.
Funding for this project is from HUD, Community Development Block Grant (CDBG) Entitlements
($3,000,000); Supplemental Law Enforcement Services Funding (SLESF) ($426,000), and
Redevelopment Agency South East Project Area (RDA-SEPA) Operating Fund ($886,000). The
Engineer's Estimate was $3,900,000.
Four acceptable bids were received on December 21, 2006 as follows:
Wallace & Smith Contractors
3325 Landco Drive
Bakersfield, CA 93308
(Outside City)
in amount of
$3,310,690.00
Colombo Construction Co., Inc.
3211 Rio Mirada Drive
Bakersfield, CA 93308
(City)
in amount of
$3,673,962.00
Klasson Corporation
2021 Westwind Drive
Bakersfield, CA 93301
(City)
in amount of
$3,739.848.00
S. C. Anderson, Inc.
2160 Mars Court
Bakersfield, CA 93308
(Outside City)
in amount of
$3,998,000.00
PWIENGR wgm
January 9, 2007, 9:01AM
G:\GROUPDAT\ADMINRPT\2007\Fire Station No.5 & Police Satellite Office.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17,2007
AGENDA SECTION: Consent Calendar
ITEM: 11.. +t--.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 9, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2006
2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City
of Bakersfield for the fiscal year ended June 30, 2006.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2006.
4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2006.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
1. Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to as
the City's Annual Audit Report, for the fiscal year ended June 30, 2006. The CAFR represents the
City's financial statements as of June 30, 2006, which are audited by the accounting firm of M.
Green & Company LLC. The current compliance report issued by the outside auditors indicates
that the City complied, in all material respects, with accounting principals generally accepted in the
United States of America.
2. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2006. The Single
Audit Report pertains to federal program monies expended by the City during the specified fiscal
year. An Independent Audit is performed annually to review internal control procedures and
compliance with federal guidelines in accordance with Office of Management & Budget (OMB)
Circular A-133. This annual audit was performed by M. Green & Company LLC as part of their
contract to provide auditing services to the City of Bakersfield. The current compliance report
issued by the outside auditors indicates that the City complied, in all material respects, with federal
program guidelines.
10f2
S:\Admin\Admin ReponslCAFR refer to bud.doc
January 9, 2007, 8:38AM
ADMINISTRATIVE REPORT
3. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5),76-153(4),77-44,85-197 and 92-106 apply to operations of the Bakersfield
Subregional Wastewater management Plan. The City's compliance with contract requirements is
audited on an annual basis. The current Compliance Report, issued by the outside auditors,
indicates that the City had no audit findings.
4. Attached is a letter from the City's independent auditors M. Green & Company LLC indicating they
have completed their annual review of the Appropriations Limit Worksheet prepared by the City in
accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This
annual review is performed by the auditors as part of their contract to provide auditing services to
the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an
audit and therefore no audit opinion is expressed regarding the calculation.
20f2
S:lAdminlAdmin ReportslCAFR refer to bud.doc
January 9, 2007, 8:33AM
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2007
AGENDA SECTION: Consent Calendar
ITEM: la. u-\.t...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
AP:'iVED
. / "--
SUBJECT: Encroachment Permit to allow ten decorative arches within City right- f-way at five
intersections within the McAllister Ranch Planned Community Area (Locations: Canfield
Parkway at Panama Lane; Stetson Way at Panama Lane; McAllister Ranch Road at
Panama Lane; Stetson Way at Pensinger Road; and McAllister Ranch Road at Pensinger
Rmid (Ward 5 upon annexation).
RECOMMENDATION:
Staff recommends approval of encroachment permits.
BACKGROUND: Suncal Companies is currently developing McAllister Ranch, an approximately
2,080 acre master planned community. The master planned community includes single-family and multi-
family residential areas, various recreational amenities, (lake, golf course, trail system and parks), along
with neighborhood and general commercial areas. Several residential subdivisions improvement plans are
currently being reviewed within the McAllister Ranch area. As part of their landscape and wall design,
Suncal Companies is proposing pedestrian concrete block arches, approximately 15'-6" high x 15'-3' wide
x 3' thick at five intersections within McAllister Ranch. The five locations are:
Canfield Parkway at Panama Lane;
Stetson Way at Panama Lane;
McAllister Ranch Road at Panama Lane;
Stetson Way at Pensinger Road; and
McAllister Ranch Road at Pensinger Road'
The attached plans provide additional information relating to the decorative arches.
Per Municipal Code Section 12.20.035, ''the city engineer shall not grant an encroachment permit for any
substantial at or above grade portion of any building (not including any canopy or architectural feature on a
surface of any building), unless the application has been referred to and approved by the city council."
The applicant has also applied for building permits. These plans are currently being reviewed.
Staff recommends approval of the encroachment permit to allow ten decorative arches within City right-of-
way at five intersections within the McAllister Ranch Planned Community Area.
bw
G:\GROUPDA l\ADMINRPT\2007\McAllister Ranch Arches.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2006
AGENDA SECTION: Hearing
ITEM: ,~. 0..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
January 2, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to adopt resolution approving the Specific Parks and Tra P n for the
Old River Ranch development area in southwest Bakersfield. (Applicant: S ithTech-
USA Inc. Developer: PB Ventures LLC) (File No. 06-0818) (Wards 5 and 6 upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On October 19, 2006, the Planning Commission recommended approval with conditions of the Specific
Parks and Trails Plan (SP) for the Old River Ranch project site and vicinity. The conditional approval
reflects a coalition of support of the trails plan from area land owners, which does not significantly
impact the integrity of the plan.
As a requirement of the Old River Ranch EIRI General Plan AmendmentlZone Change (File No. 03-
1528), approvals by City Council in November 2005, the developers are required to propose a new SP
for the Old River Ranch project site and vicinity to provide connectivity to the proposed Sports Village at
Gosford and Taft Highway. The area covered by the new Parks and Trails Plan is generally located
between Panama Lane, Gosford Road, Taft Highway, and South Allen Road. Upon adoption of this
SP, all future development shall be required to adhere to the requirements of the SP. The plan
identifies Class II bike lanes, trail locations, types of trails and park locations.
On October 5, 2006, the Planning Commission held a publiC hearing and heard testimony in favor and
in opposition. Representatives of the Grimm-Marshall family spoke in opposition. The Planning
Commission requested the applicant and staff confer with these area property owners, including Mrs.
Grimm-Marshall and her representatives, Tom Dee of Lennar Homes, Steve and Mike Antongiovanni,
Nancy Turnipseed, and Brian Haupt who represents several land owners in the area. The primary
opposition was regarding the trail located on the north side of Berkshire Road (collector street
alignment) between Buena Vista Road and Old River Road.
Another advertised hearing was held on October 19, 2006. At this meeting, the applicant presented an
alternative to relocate the multi-use trail from the north to the south side of Berkshire Road between
Buena Vista Road and Old River Road. This relocation to the opposite side of the street from the
Grimm-Marshall property was agreeable to all parties who previously expressed opposition.
ADMINISTRATIVE REPORT
Page 2
This move re-establishes the coalition of support of the trails plan and does not significantly impact the
integrity of the plan. It places more of the trail on the applicant's property than on others and allows the
applicant to move forward with their subdivision mapping efforts. The applicant has obtained letters of
support from the following developers in the plan area: Centex Homes, Lusich Company representing
property owner Warren Sanders, and Destafani Farms, as well as the Panama-Buena Vista School
District.
No further objections were made.
The Planning Commission recommended approval of the request, as amended. The SP, as amended,
depicts the following features as shown in the attached exhibits.
. 4 Neighborhood Parks ranging between 6 to 10 acres.
· Multi-purpose trails (14 - 24 feet wide) with the majority of the trails on major streets at a 24-foot
(12-ft paved tread & and landscaping on both sides.
. Class II Bike Lanes on arterial streets.
Pursuant to the California Environmental Quality Act (CEQA) the project is Categorically Exempt
pursuant to Section 15061(b)(3), General Rule.
Staff recommends adoption of the SpeCific Parks and Trails Plan for the Old River Ranch development
area in southwest Bakersfield
January 2,2007, 4:37PM
jeng I S:ITRACTSIORR Tralls\ccladm rpt.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 13, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROll CAll
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:25 p.m.),
Scrivner
Absent:
None.
Invocation by Pastor Ron Vietti, Valley Bible
Fellowship.
Presentation of Colors and Pledge of Allegiance by
Bakersfield High School Air Force ROTC.
2. INSTAllATION
a.
Resolution No. 310-06 declaring the results of the
General Municipal Election for election of
Councilmember for Wards 1, 3, 4 & 7, held in the
City of Bakersfield on November 7,2006.
RES 310-06
Motion by Vice-Mayor Maggard to adopt Resolution
310-06 declaring the results of the General Municipal
Election for the election of Councilmembers for Wards
1,3,4 and 7 on November 7,2006.
APPROVED
ASS SULLIVAN
Mayor Hall made a presentation to Vice-Mayor
Maggard on behalf of the City Council.
Mayor Hall presented Vice-Mayor Maggard a Key to
the City.
Vice-Mayor Maggard made departing comments.
Bakersfield, California, December 13,2006 - Page 2
2.
INSTALLATION continued
ACTION TAKEN
b. Administration of Oath of Office.
Assistant City Clerk Gafford administered the Oath
of Office to Irma Carson, Ken Weir, David Couch
and Zack Scrivner.
Statements were made by Councilmembers, the
newly elected and re-elected Councilmembers.
Benediction by Pastor Ron Vietti, Valley Bible
Fellowship.
Mayor Hall noted that Mr. Vietti is the pastor at Mike
Maggard's church.
Mayor Hall invited everyone to enjoy refreshments
in the lobby.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Robert Pratt v City, et al.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:59 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:40 p.m.
APPROVED
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
5. INVOCATION by Pastor Ron Vietti, Valley Bible Fellowship.
6. PLEDGE OF ALLEGIANCE by Ashley Stapley, th Grade
Student at Chipman Jr. High School.
Bakersfield, California, December 13, 2006 - Page 3
7.
CLOSED SESSION ACTION
ACTION TAKEN
a. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Robert Pratt v City, et a!.
PRESENTATIONS
NO REPORTABLE
ACTION
8.
a. Presentation by Mayor Hall of a retirement plaque
and gift certificate to Michael L. Mathis.
9. PUBLIC STATEMENTS
a. Dennis Muleady, Chairman of the Board of the
Greater Bakersfield Convention and Visitor's
Bureau, introduced the new CEO and President of
the organization, Dr. Bob Marks. Dr. Marks made
comments.
b. Arthur Marroquin and Jennifer Henry spoke
regarding a smoke free outdoor ordinance.
Councilmember Sullivan requested the Legislation and
Litigation Committee address the issue of possible
implementation of smoke free outdoor ordinance.
10. APPOINTMENTS
a. One appointment to the Handicapped Access
Appeals Board due to the resignation of
Sandra Bartlett.
Motion by Councilmember Couch to appoint David
Mensh to the vacancy created by the resignation of
Sandra Bartlett from the Handicapped Access appeals
Board.
APPROVED
b. Four appointments to the Keep Bakersfield Beautiful
Committee due to the expiration of terms of Isaiah
Crompton (Ward 1), Thomas Edmonds (Ward 4)
and Sheryl Graab (Ward 7) whose terms expired
November 2006, and a vacancy in Ward 3 due to
the resignation of Sherry Core.
Motion by Councilmember Carson to reappoint Isaiah
Crompton to a four year term represent Ward 1 on the
Keep Bakersfield Beautiful Committee.
APPROVED
Motion by Councilmember Couch to reappoint Thomas
Edmonds to a four year term represent Ward 4 on the
Keep Bakersfield Beautiful Committee.
APPROVED
Bakersfield, California, December 13, 2006 - Page 4
10.
APPOINTMENTS continued
ACTION TAKEN
Motion by Councilmember Scrivner to reappoint Sheryl
Graab to a four year term representing Ward 7 on the
Keep Bakersfield Beautiful Committee.
APPROVED
Councilmember Weir announced he will postpone
the Ward 3 appointment to the Keep Bakersfield
Beautiful Committee to the next Council meeting.
c. One appointment to the Fire Civil Service Board due
to the expiration of term of Michael L. George, term
expiring December 31, 2006.
Motion by Councilmember Couch to reappoint Michael
George to a three year term on the Fire Civil Service
Board.
APPROVED
d. One appointment to the Miscellaneous Civil Service
Board due to the expiration of term of Daniel L.
Williams, term expiring December 31, 2006.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Williams
Williams
Williams
Williams
Williams
Williams
Williams
Motion by Councilmember Couch to reappoint Daniel
Williams to a three year term on the Miscellaneous Civil
Service Board.
APPROVED
e. One appointment to the Police Civil Service Board
due to the expiration of term of Steven C. Anderson,
term expiring December 31, 2006.
Motion by Councilmember Couch to reappoint Steven
C. Anderson to a three year term on the Police Civil
Service Board.
APPROVED
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 29,2006
Regular City Council Meeting.
11.
Bakersfield, California, December 13, 2006 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Payments:
b. Approval of department payments from November
17, 2006 to November 30, 2006 in the amount of
$6,932,085.86 and self-insurance payments from
November 17, 2006 to November 30, 2006 in the
amount of $195,019.12.
Ordinances:
c.
First Reading of Ordinance amending Sections
12.56.020, 12.56.080, 12.56.200 and
12.56.210 of the Municipal Code relating to parks.
Adoption of Ordinance adding Section 8.04.030 to
the Municipal Code relating to restaurant grading.
Adoption of Ordinance adding Section 15.64.340 to
the Municipal Code relating to the California Fire
Code (Temporary Membrane Structures, Tents and
Canopies ).
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 124-28 from R-
S-20A (Residential Suburban 20-acre minimum lot
size) to R-1 (One Family Dwelling) on 75.2 acres
located south of E. Panama Lane and east of
Cottonwood Road, at the southeast corner of
Cottonwood Road and the Arvin-Edison Canal.
(GPA/ZC 06-0377) (Applicant: Hendricks
Engineering/Property Owners: Knittel Bros., Patsy
Stacy and Dorothy A. Lowry)
FR
d.
ORD 4394
e.
ORD 4395
f.
ORD 4396
g.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and amending Zone Map NO.1 04-
18 from R-1 (One Family Dwelling) to R-2
(Limited Multiple Family Dwelling) on 6.19 acres
located on the north and south sides of Panorama
Drive (future), approximately ~ mile west of
Vineland Road. (GPA/ZC 06-0349) (Applicant:
Cornerstone Engineering/Property Owners: Jack
Hood and Hazel Mary Hobba)
ORD 4397
11.
Bakersfield, California, December 13, 2006 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
h.
ORD 4398
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and amending Zoning Map No.1 03-
21 from C-2 (Regional Commercial) to R-3 (Multiple
Family Dwelling) on 1.4 acres and R-2 (Limited
Multiple Family Dwelling) on 3.8 acres located on
the east side of Sunny Lane, approximately 200 feet
south of Columbus Street. (GPAlZC 06-0465)
(Applicant: San Joaquin Engineering/Property
Owners: Kern County Housing Authority, James
Pinkerton, John Gonzalez & Beverly Yates, Jose
Alfredo Gonzalez, Jim Pinkerton Broker, Inc. and
Charles Hayes)
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map Nos. 104-18 and
104-19 from R-3 (Multiple Family Dwelling) to R-1
(One Family Dwelling) on 7.35 acres, R-3 to R-2
(Limited Multiple Family Dwelling) on 16.12 acres
and R-1 to R-2 on 3.16 acres located along the
north side of Highway 178, west of future extension
of Vineland Road, south of Paladino Drive and east
of Morning Drive. (GPAlZC 05-1271) (Applicant:
Mcintosh & Associates/Property Owners: S&J
Alfalfa, Inc. and Mountain View Bravo, LLC)
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and amending Zoning Map Nos.
102-04 and 102-05 from A (Agricultural) to
R-1 (One Family Dwelling) on approximately 12
acres and R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on
approximately 12 acres located on the east and
west of sides of Coffee Road, approximately 460
feet north of Etchart Road, and west of the
Beardsley Canal. (GPAlZC 05-1933) (Applicant:
ADA VCO/Property Owner: Bidart Bros.)
i.
ORD 4399
j.
ORD 4400
11.
Bakersfield, California, December 13, 2006 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
k.
ORD 4401
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map NO.1 02-30 from R-
S-2.5A (Residential Suburban 2.5 Acre
Minimum Lot Size) to C-O/PCD (Professional and
Administrative Office Zone/Planned
Commercial Development) on 2.5 acres located on
the north side of Brimhall Road, approximately 1/8
mile west of Calloway Drive. (GPA/ZC 06-0435)
(Applicant: Porter-Robertson Engineering &
Surveying/Property Owner: David Wilson)
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 123-27 from A-
20A (Agricultural 20 acre Minimum Lot Size) to M-1
(Light Manufacturing) on 25.71 acres and R-1 (One
Family Dwelling) on 15.49 acres located at the
northeast corner of McCutchen Road and Ashe
Road. (GPA/ZC 06-0456) (Applicant: Maurice
Etchechury/Property Owner: Old River Land
Company)
I.
ORD 4402
m.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 123-28 from A
(Agriculture) to M-1 (Light Manufacturing) on 41
acres and R-2 (Limited Multiple Family Dwelling) on
39 acres located on the north side of McCutchen
Road approximately ~ mile west of Ashe Road.
(GPA/ZC 06-0463) (Applicant: SmithTech/USA,
Inc./Property Owner: Pascoe Family Investments,
LLC)
ORD 4403
n.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map No. 124-28 from R-
S-20A (Residential Suburban-20 acre Minimum) to
R-1 (One Family Dwelling) on 100 acres located on
the south side of E. Panama Lane, ~ east of
Cottonwood Road. (GPA/ZC 05-1428) (Applicant:
Pinnacle Engineering/Property Owners: Sikander
Singh & Daljeet Kaur Jassar)
ORD 4404
Bakersfield, California, December 13, 2006 - Page 8
11.
CONSENT CALENDAR continued
ACTION TAKEN
o.
Adoption of Ordinance approving the Negative
Declaration and amending Section 17.06.020
and Zone Map No. 123-14 of the Municipal Code by
changing the zoning from M-1 (Limited
Manufacturing) to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on
10.26 acres and M-2 (General Manufacturing) to R-
2/PUD on 13.62 acres generally located on the
north side of Pacheco Road and west of Akers Road
(future). (ZC 06-0443) (Applicant: Marino &
Assoc/Property Owner: West Coast Investments,
Inc)
ORD 4405
Resolutions:
p. Resolution approving application proposing RES 311-06
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 542
consisting of .55 acres located on the north side of
Old Town Road, between Old Farm Road and Allen
Road.
q. Resolution approving the submittal of an application RES 312-06
to the California Integrated Waste Management
Board for a Waste Tire Enforcement Grant for
2006-2007.
r. Sale of Real Property:
1. Resolution declaring real property located at RES 313-06
2300 Castro Lane surplus to needs of
the City.
2. Agreement with Frank M. Torres and ARG 06-374
Lorraine Torres ($16,000) to sell property DEED 6602
located at 2300 Castro Lane.
s. Sale of Real Property:
1. Resolution declaring real property located at RES 314-06
701 Union Avenue surplus to needs of
the City.
2. Agreement with Bakersfield Redevelopment AGR 06-375
Agency ($8,000) to purchase property DEED 6603
located at 701 Union Avenue.
11.
Bakersfield, California, December 13, 2006 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
1.
Assessment District No. 05-2 {Montaire, Paladino
1. Resolution approving acquisition and
disclosure agreements and authorizing
changes thereto and execution thereof.
RES 315-06
u.
Acquisition and Disclosure Agreement with
Vista Montaire, LLC.
Acquisition and Disclosure Agreement with
Paladino Homes, LLC.
Resolution adding territory, Area 2-33 (White, Buena
Vista SW) 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.
RES 316-06
2.
AGR 06-376
3.
AGR 06-377
v.
Resolution adding territory, Area 3-59 (S Allen,
Pensinger SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Resolution adding territory, Area 4-65 (Morning,
Paladino SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Resolution adding territory, Area 4-66 (Panorama,
Vine land SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Resolution of Intention No. 1496 to add territory,
Area 3-60 (Progress, McKee N) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1497 to add territory,
Area 5-20 (Berkshire, Madison N) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RES 317-06
w.
RES 318-06
x.
RES 319-06
y.
RO/1496
z.
RO/1497
Bakersfield, California, December 13, 2006 - Page 10
11. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
AGR 06-378
aa. Final Tract Maps and Improvement Agreements with AGR 06-379
MVB Ventures, LLC, for Tract 6452 Phases 1 & 2 AGR 06-380
located at the southeast intersection of City Hills AGR 06-381
Drive and Canteria Drive. AGR 06-382
AGR 06-383
bb. Agreement with Lennar Homes of California AGR 06-384
(estimated Transportation Impact Fee Credit
$416,045.50) for Tract 6353 located near the
southwest corner of Hosking Avenue and State
Route 99.
cc. Agreement with Stuart Thomas, Inc. dba Lenox AGR 06-385
Homes (in-kind service valued at $15,000) to
provide and install five banner poles at Park at River
Walk in exchange for naming rights of Area 1, for a
five year period.
dd. Agreement with Public Agency Retirement Services AGR 06-386
(PARS) to provide trust administration
services associated with formation and
administration of a Post Retirement Health Care
Trust Plan to comply with Government Accounting
Standards Board (GASB) Statements #43 and #45
regarding Other Post Employment Benefits (OPEB)
as it relates to the City's Retiree Medical Subsidy
program.
ee. Paladino Drive Right of Way:
1. Agreement with Paladino West LLC AGR 06-387
($90,564.06) to reimburse costs associated
with relocation of Southern California Edison
tower within the Paladino Drive right of way.
2. Appropriate $90,600 Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
ft. Agreement with Jacobs Civil Inc. ($7,000,000) to AGR 06-388
provide construction management services for
Wastewater Treatment Plant 3 - 2007 Expansion
Project.
gg. License Agreement with Kern Oil and AGR 06-389
Refining Company for the purpose of transporting
liquid hydrocarbons in and under public roads,
streets and highways within the City.
Bakersfield, California, December 13, 2006 - Page 11
11. CONSENT CALENDAR continued ACTION TAKEN
hh. Amendment No.4 to Agreement No. 98-258 with AGR 98-258(4)
California State University, Bakersfield for
changing the name from California State Bakersfield
Foundation to California State University
Bakersfield.
ii. Amendment No.3 to Agreement No. 05-152 with AGR 05-152(3)
Pavement Recycling Systems, Inc.
($890,000 revised not to exceed $2,290,000) for
cold planing for the Streets Division.
jj. Amendment NO.2 to Agreement No. 04-381 with AGR 04-381(2)
Clifford & Brown ($75,000 total not to
exceed $225,000) for outside legal services in the
matter of Robert Pratt v City, et al.
Bids:
kk. Reject all bids for five (5) mid-size sedans.
II. Accept bid and award contract to Clean Cut AGR 06-390
Landscaping ($692,515) to construct
streetscape improvements (Baker Street, Phase II)
from Truxtun Avenue to Jackson Street.
mm. Accept bid and award annual contract to Bradco AGR 06-391
Industrial Corp, dba Bradco Environmental (not to
exceed $176,000) for wood grinding and screening.
nn. Accept bids from Microgear, Inc. ($184,239.41), XIT,
Inc. dba 365USA ($67,894.61) and Zones, Inc.
($45,114.71) for IBM computers and Xerox printers.
00. Accept bid from Adamson Police Products
($47,520.33) for tactical body armor for the Police
Department.
Bakersfield, California, December 13, 2006 - Page 12
11.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
pp. Appropriate $20,000 Developer Share EIR Trust
Revenues to the Planning Department
operating budget within the Development Services
Fund for consulting services to provide
assistance in processing the Concurrent
Applications and Environmental Impact Reports for
General Plan Amendment/Zone Change Nos. 06-
0961 (Riverview-Section 21) and 06-0962
(Watermark-Section 29).
Motion by Councilmember Couch to approve Consent
Calendar items 11.a. through 11.pp.
APPROVED
12. CONSENT CALENDAR HEARINGS
None.
13. HEARINGS
a.
Public Hearing to consider Resolution approving
and adopting an adjusted fee pursuant to Chapter
15.78 of the Municipal Code related to the
Metropolitan Bakersfield Habitat Conservation Plan
Mitigation Program.
RES 320-06
Development Services Director Grady made staff
comments.
Hearing opened at 7:10 p.m.
Cassie Daniel, BIA, spoke in favor of the Resolution
and submitted written material.
Hearing closed at 7:11 p.m.
Motion by Councilmember Couch to adopt the
Resolution.
APPROVED
Bakersfield, California, December 13, 2006 - Page 13
13.
HEARINGS continued
ACTION TAKEN
b. Public Hearing to consider the Final Environmental
Impact Report (FEIR) and Specific Plan Line
Amendment No. 03-1163 for the Westside Parkway
Project.
1.
Resolution making findings approving and
certifying the FEIR for the Wests ide
Parkway project and Specific Plan Line
Amendment No. 03-1163.
Resolution approving the Westside Parkway
project and Specific Plan Line Amendment
No. 03-1163.
RES 321-06
2.
RES 322-06
Public Works director Rojas made staff comments
and TRIP Manager Wright made a computer
presentation and provided handouts.
Hearing opened at 7:24 p.m.
Arthur Unger, on behalf of the Kern-Kaweah
Chapter of the Sierra Club, spoke in opposition to
the staff recommendation and submitted
correspondence.
Hearing closed at 7:28 p.m.
Motion by Councilmember Couch to approve the staff
recommendation and adopt the Resolutions.
APPROVED
14. REPORTS
a. Update on Capital Improvement Program Budget.
Public Works Director Rojas made staff comments
and introduced Civil Engineer IV Ramming who
made a computer presentation.
Councilmember Scrivner requested a copy of the
written time line for project completion dates,
particularly those in Ward 7, report on current status
and consolidate and provide notes regarding the
project.
Councilmember Couch requested information
regarding a possible separation of grade project in the
vicinity of Landco. Public Works Director Rojas
responded the area is currently under TRIP jurisdiction.
Bakersfield, California, December 13, 2006 - Page 14
14.
REPORTS continued
ACTION TAKEN
Councilmember Couch requested a status report for a
traffic signal scheduled for installation on Brimhall, the
first one west of Coffee and provide information
regarding projected completion date.
Councilmember Couch requested design consultants
for the 40-acre complex and sports village have a
public meeting and make efforts to assure the
surrounding community is informed of project plans,
lights, parking, etc.
Councilmember Hanson requested an update on the
status of professional services solicitation for
proposed Fire Stations.
b. Update on the status of the proposal to locate the
Federal Courthouse downtown.
City Manager Tandy provided an update and made
staff comments.
Councilmember Benham requested that if the City has
not received a letter from the GSA this week
formalizing their requirements regarding the location of
the Federal Courthouse that staff remind the GSA of
the City's need for such a document.
Councilmember Benham requested that staff provide
another status update to Council during February.
15. DEFFERED BUSINESS
None.
16. NEW BUSINESS
a. Election of Vice-Mayor.
Motion by Councilmember Sullivan to elect
Councilmember Hanson Vice-Mayor.
APPROVED
18. MAYOR AND COUNCIL STATEMENTS
Council member Hanson made comments regarding his
election as Vice-Mayor.
Councilmember Hanson wished Council member Sullivan a
happy belated birthday.
Bakersfield, California, December 13, 2006 - Page 15
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Hanson wished Chief Fraze well.
Councilmember Hanson wished everyone a Merry
Christmas and Happy Holiday season.
Councilmember Benham requested staff address a
citizen's concern regarding Jastro Park and provided
contact information.
Councilmember Benham requested the City Attorney's
office address a memo regarding the timing of quiet
zone creation and facilitate a meeting between the
concerned citizen and Charles Haygood from the
railroad.
Councilmember Benham congratulated Council member
Hanson on his election to Vice-Mayor and Councilmember
Weir on his election to Council.
Councilmember Benham stated she will be remembering
military members and their families in thoughts and prayers
this Christmas season.
Councilmember Benham extended wishes for a safe and
wonderful Christmas season to the community.
Councilmember Couch requested staff respond to
Martin Parker regarding Wifi service at the Park at
Riverwalk.
Councilmember sent best wishes to Chief Fraze.
Councilmember Couch requested Public Works staff
address road widening/lane issues at the corner of
Meacham and Verdugo.
Councilmember Couch requested pothole repairs on
Camino Media.
Councilmember Couch requested staff address
questions from Jerry Carr regarding annexation in the
Olive Dr. area.
Councilmember Couch requested staff respond to
questions from Brad Henderson regarding RFQ
requirements for professional design services.
Bakersfield, California, December 13,2006 - Page 16
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Couch invited everyone to a reception
Friday at 3:00 p.m. at the Water Department to celebrate
retiring of the 17.9 million dollar water bond debt taken
out December 15, 1976.
Councilmember Weir thanked everyone for the warm
welcome to the City Council and congratulated
Councilmember Hanson on his election to the post of Vice-
Mayor.
Councilmember Carson made comments regarding various
events honoring Martin Luther King's Jr. Day on January
13, 2007.
Council member Carson made comments regarding
community meetings attended by Supervisor Rubio and
Supervisor-Elect Maggard for the purpose of addressing
the causes of gang violence.
Council member Carson extended Christmas and New
Year's good wishes to her fellow Councilmembers and the
community. Additionally she wished the troops in Iraq
Godspeed.
Councilmember Sullivan requested staff provide her
written information regarding scheduled repairs to
Adanac Ct. so that she can respond to James Allen
concerning the issue.
Councilmember Sullivan congratulated Councilmember
Weir on his election to the City Council, the re-elected
incumbents and Councilmember Hanson on his election to
Vice-Mayor.
Councilmember Sullivan made comments expressing
appreciation for the citizens of Bakersfield who decorate for
the Christmas season.
Councilmember Sullivan thanked the men and women of
the military serving away from home, this Holiday season.
Additionally she wished City staff and members of the
community a Merry Christmas.
Councilmember Scrivner thanked staff for expeditiously
responding to his referrals.
Bakersfield, California, December 13, 2006 - Page 17
18. MAYOR AND COUNCIL STATEMENTS continued
Councilmember Scrivner wished Councilmember Sullivan a
Happy Belated Birthday and Mayor Hall a Happy Birthday
on January 5th.
Councilmember Scrivner extended wishes to Chief Fraze
for a speedy recovery; congratulated Vice-Mayor Hanson
on his election to office and wished every one a Merry
Christmas and Happy New Year.
Mayor Hall congratulated Councilmember Hanson on his
election to Vice-Mayor and welcomed Councilmember Weir
to the Council.
Mayor Hall made comments regarding the importance of
the Keep Bakersfield Beautiful Committee and recognized
KBB member David Taylor in attendance at the meeting.
Mayor Hall expressed appreciation for the citizens who
decorate for the Christmas Holidays and wished
employees, staff and the Bakersfield community a Merry
Christmas.
19 . ADJOURNMENT
Mayor Hall adjourned the meeting at 8:30 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield