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BAKERSFIELD CITY COUNCIL
AGENDA
JUNE 20, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session Item(s) only during this portion ofthe meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Three issues)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. Canyons, LLC and OKS Investments, LLC v City and DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-1500-CV-260175-AEW
2. OKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino; Canyons, LLC;
General Holding, Inc. v City; City Council; DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-1500-CV-259731-LPE
3. John M. Tarabino and Joseph A. Tarabino; OKS Investments, LLC v City
KCSC Case No. S-1500-CV-257620-SPC
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Reverend Steven J. Hunt, First Assembly of God Church.
7. PLEDGE OF ALLEGIANCE by Jordan January, 7th Grade Student at Rosedale Middle School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 14, 2007 and June 4, 2007 Budget Meetings and the June 6,
2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from May 25, 2007 to June 7, 2007 in the amount of
$9,306,474.41 and self-insurance payments from May 25,2007 to June 7, 2007 in the
amount of $350,626.59.
Ordinances:
c. First Reading of Ordinance amending Chapters 5.48, 12.16 and 12.20 of the Municipal Code
regarding video service providers. (Legislative and Litigation Committee)
12. CONSENT CALENDAR continued
0Nard 1,2)
0Nard 6)
0Nard 6)
0Nard 5)
0Nard 2)
0Nard 1)
0Nard 1,5)
0Nard 1)
0Nard 2,4,5)
d. First Reading of Ordinance amending Chapter 5.14 of the Municipal Code regarding cabaret
permits. (Legislative and Litigation Committee)
Adoption of Ordinances regarding Redevelopment Legislation - SB 53 and SB 1809:
1. Downtown Redevelopment Project Area (FR 06106/07)
2. Old Town Kern - Pioneer Redevelopment Project Area (FR 06106/07)
3. Southeast Bakersfield Redevelopment Project Area (FR 06106/07)
Resolutions:
e.
f. Resolution designating certain City personnel as certifying officers authorized to execute
Environmental Review Record pursuant to Federal law.
Proposed Assessment District No. 07-1 (Vista View Estates):
1. Resolution accepting petition and determining to undertake special assessment
proceedings.
2. Resolution approving boundary map.
3. Resolution of Intention No. 1540
Resolution adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
1. Area 3-69 (Ashe, McCutchen NE)
2. Area 3-70 (McCutchen, Mountain Ridge NE)
Resolution of Intention No. 1541 to add territory, Area 3-71 (Mountain Vista, Panama SE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1542 to add territory, Area 4-78 (King, Kentucky NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1543 to add territory, Area 5-38 (Cottonwood, Casa Loma SW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
g.
h.
i.
j.
k.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Old River Road, LLC for Tract 6359
Phases 1 & 2 located south of Panama Lane on Old River Road.
2. Final Map and Improvement Agreements with Stuart Thomas, Inc. dba Lenox Homes
for Tract 6520 Phase 1 located east of S. Union Avenue on E. Berkshire Road.
Assignment of Agreement No. 94-131 with Harry Hackner to John Harmon for ground lease
of hangar space 0-4.
n. Agreement with County of Kern to collect special assessment and district fees.
I.
m.
o.
Agreement with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $100,000) to
provide legal services for acquisition of right of way for construction of Westside Parkway.
2
City Council Meeting of 06/20/2007
12. CONSENT CALENDAR continued
p. Property Insurance:
1. Joint Powers Agreement with the California State Association of Counties Excess
Insurance Authority (CSAC EIA).
2. California Public Entity Insurance Authority Property Program Memorandum of
Understanding.
q. Workers' Compensation Utilization Review and Nurse Case Management:
1. Agreement with Professional Dynamics, Inc. <not to exceed $75,000 annually) to
provide utilization review services for Self-Insured Workers' Compensation
Program.
2. Agreement with Comprehensive Care Systems (not to exceed $50,000 annually) to
provide nurse case management services for Self-Insured Workers' Compensation
Program.
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 02-0193
(Panama Lane Shopping Center):
0Nard 7)
0Nard 5)
0Nard 6)
0Nard 3)
0Nard 2)
r.
1. Amendment No. 1 to Agreement No. 05-118 with Michael Brandman and Associates
($475,000) for preparation of the EIR.
2. Appropriate $475,000 (developer's contribution) to the Development Services
operating budget in the General Fund for the EIR consultant.
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 02-0300
(Gosford Village):
1. Amendment No. 1 to Agreement No. 05-117 with Michael Brandman and Associates
($478,500) for preparation of the EIR.
2. Appropriate $478,500 (developer's contribution) to the Development Services
operating budget in the General Fund for the EIR consultant.
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1052
located at the southwest corner of Panama Lane and Ashe Road:
1. Agreement with Maurice J. Etchechury, representing the John M. Antongiovani Trust,
Inc. ($186,773) for preparation of the EIR.
2. Agreement with Jones and Stokes Associates, Inc. ($139,800) to prepare the EIR.
3. Appropriate $139,800 (developer's contribution) to the Development Services
Operating Budget in the General Fund.
Cooperative Agreement with the State of California Department of Transportation for control
of storm water run-off at the new interchange on State Route 178 at Fairfax Road.
Agreement with Meyer Civil Engineering, Inc. ($106,640) for the preparation of plans,
specifications and estimate in accordance with City requirements for the primary channel
elements of the Mill Creek Project along the Kern Island Canal.
w. Amendment No.1 to Agreement No. 07-016 with County of Kern for County jail booking and
processing services.
s.
t.
u.
v.
3
City Council Meeting of 06/20/2007
0Nard 2)
0Nard 5)
0N ard 7)
0Nard 4)
12. CONSENT CALENDAR continued
Senior Housing Project located at 24th and R Streets:
1. Amendment No. 1 to Agreement No. 06-172 with the Housing Authority of the
County of Kern ($500,000; revised total $2,000,000 HOME Investment Partnership
funds) to construct 60 affordable senior apartments.
2. Appropriate $100,000 prior year HOME Investment Partnership Program Income to
the Economic and Community Development Operating budget within the HOME
Investment Partnership Fund.
y. Amendment No.1 to Agreement No. 06-158 with Target Specialty Products ($245,000;
revised not exceed $490,000 and extending term for one (1) year) for insecticides and
herbicides.
x.
Z. Amendment No.1 to Agreement No. 06-179 with Kern Turf Supply ($210,000; revised not to
exceed $420,000 and extending the term for one (1) year) for irrigation parts and supplies.
aa. Amendment NO.3 to Agreement No. 05-065 with San Joaquin Fence and Supply ($100,000;
revised not to exceed $600,000) for fencing.
bb. Amendment NO.1 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc.
($175,000; revised not to exceed $350,000 and extending term for one (1) year) for irrigation
and landscaping services.
cc. Amendment No.1 to Agreement No. 06-221 with Pestmaster Services, Inc. ($118,300;
revised not to exceed $236,600 and extending term for one (1) year) for chemical
application.
dd.
Contract Change Order No. 1 to Agreement No. 06-259 with Griffith Company ($24,455.56;
revised not to exceed $919,349.56) for the Mountain Vista Drive At Grade Crossing Project.
Bids:
White Lane at State Route 99 eastbound to southbound on-ramp reconstruction project:
1. Accept bid and award contract to Griffith Company ($1,828,105).
2. Award contract to Lim & Nascimento Engineering Corporation ($219,303) for
construction management services.
3. Appropriate $400,000 Transportation Development Fund balance to the Capital
Improvement Budget within the Transportation Development Fund to fund this
project.
ff. Pre-Employment Background Investigations for the Police Department:
1. Accept proposal and award annual contract to B& T Investigations (not to exceed
$80,000).
ee.
2. Accept proposal and award annual contract to US Investigations Services, LLC (not
to exceed $20,000) for investigations of out-of-state applicants.
gg. Accept bid and award annual contract to Jim Alfter Cement Contractor (not to exceed
$2,000,000) for concrete construction.
hh. Accept proposal and award annual contract to KSS Systems, Inc. dba Kern Security Patrol
(not to exceed $70,000) for park security services.
ii.
Accept bid and award annual contract to Zim Industries, Inc. dba Bakersfield Well and Pump
Company (not to exceed $100,000) for maintenance and repair of Olcese wells.
4
City Council Meeting of 06/20/2007
0Nard 1)
12. CONSENT CALENDAR continued
jj.
Accept bid from Flo-Systems, Inc. ($101,244) for self cleaning lift station for Fire Station 5.
Miscellaneous:
kk. Revised job specifications (Personnel Committee)
1. Blue & White Collar Unit - Administrative Analyst II; Development Assistant;
Development Associate; Fire Plans Examiner; and, HR Analyst I and II.
2. General Supervisory Unit - Administrative Analyst III and HR Supervisor.
3. Management Unit - Assistant to the City Manager; Fleet Superintendent; General
Services Superintendent; Solid Waste Superintendent; Street Maintenance
Superintendent; and Wastewater Treatment Superintendent.
II. 2007 Recreation and Parks Master Plan. (Refer to Community Services Committee.)
Staff recommends adoption of Consent Calendar items a through II.
13. CONSENT CALENDAR HEARINGS
0Nard 4)
0Nard 6)
0Nard 3)
a.
Public Hearing to consider Resolution approving the issuance of California Statewide
Communities Development Authority Insured Revenue Bonds for National Health Services,
Inc. for the purpose of financing and refinancing the acquisition, construction, renovation,
improvement and equipping of certain medical and health facilities and certain other matters
relating thereto located at 3409 Calloway Drive #300. (Staff recommends adoption of
resolution.)
Public Hearing to consider Resolution establishing Underground Utility District No.2, Division
31 (Sports Village) as required by Resolution of Intention No. 1537. (Staff recommends
overriding protests and adoption of resolution.)
Public Hearing for Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area as
required by Resolution of Intention No. 1536 (Staff recommends ove"'d'ng protests and
adoption of resolution and ordinance.)
1. Resolution adopting the Miramonte Drive-Chase Avenue Planned Major
Thoroughfare Area and making findings thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares. (FR 06106/07)
b.
c.
0Nard 1)
14. HEARINGS
a.
Public Hearing to consider an appeal by Timothy A. Chandler of Planning Commission
approval of Tentative Parcel Map 11473 located at the northwest corner of E. Pacheco Road
and Cottonwood Road. (Engineer: Jerry Hendricks)
1. Resolution upholding the Planning Commission decision, denying the appeal and
approving Tentative Parcel Map 11473.
Staff recommends adoption of resolution.
15. REPORTS
5
City Council Meeting of 06/20/2007
16. DEFERRED BUSINESS
a. Fiscal Year 2007-2008 Budget:
1. Resolution approving and adopting the City's Operating and Capital Improvement
Budget.
2. Resolution approving and adopting the Bakersfield Redevelopment Agency
Operating and Capital Improvement Budget.
3. Resolution establishing the City's appropriations limit.
Staff recommends adoption of resolutions.
b. Accept bid from Quinn Company ($295,004) for one (1) hydraulic excavator.
Staff recommends acceptance of bid.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
6/14/07 1 0:35am
6
City Council Meeting of 06/20/2007
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AGENDA HIGHLIGHTS
JUNE 20, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 D.I1J.
CLOSED SESSION
There will be a conference with legal counsel regarding three cases of potential litigation and three cases of
existing litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
CONSENT CALENDAR
Ordinances
Item 12c. First Readlno of an Ordinance amending the Municioal Code regarding Video Service Providers.
The Charter sets forth that the City can grant cable television franchises. In late 2006, the California
Legislature enacted Assembly Bill 2987 which eliminated cities' and counties' ability to grant local video
franchises and transferred that power to the State Public Utilities Commission. Any entity desiring to
provide video service in California, and not already operating under an existing franchise, must apply to the
PUC for a State franchise. AB 2987 requires local entities to enforce regulations regarding the video
programming providers, to adopt penalties for violation of these regulations, and have an appeal
mechanism in place. The Legisiative and Litigation Committee recommends first reading of the ordinance.
Item 12d. First Readino of an Ordinance amendino the Municioal Code reaardino Cabaret Permits. The
current ordinance requires the Police Chief to Immediately revoke a oabaret permit under certain conditions,
whether major or minor.. Since there are varying degrees of severity of permit violations, it would be
beneficial for the Chief to have the ability to Impose varying degrees of punishment. The amendments will
give the Chief the discretion to not only revoke a cabaret permit, but to suspend the permit for up to 180
days. The Legislative and Litigation Committee reviewed the changes and recommends first reading of the
ordinance.
Aareements
Item 12p. Joint Powers Aoreement and Memorandum of Understandino regarding prooerty Insurance.
The City insures its real and personal property, along with business income interruption and extra expense
exposures. This year, the coverage was marketed and three proposals were received. Staff recommends
entering into an MOU with the California State Association of Counties Excess Insurance Authority (CSAC
EIA) as their proposal was deemed most favorable to the City. CSAC EIA is a public entity risk sharing pool
comprised of California Counties, Cities and Joint Powers Authorities.
Item 12q. Aoreements for Workers' Comoensation Utilization Review and Nurse Case Manaoement. SB
899 provides for employers, through their workers' compensation administrators, to review medical
procedures prescribed by treators of injured workers for appropriateness and medical necessity. The law
also allows the City to . engage the services of Nurse Case Managers who stay in . contact with injured
workers, and monitor their treatment and progress toward returning to work. The contract with the current
provider of both utilization review and nurse case management services, Monitor Integrated Healthcare
Services, expires on June 30, 2007.
Numerous responses were received in response to a Request for Proposals. The top four firms were
interviewed. Staff recommends entering into an agreement with Professional Dynamics, Inc. for utilization
review services, and Comprehensive Care Systems for nurse case management services, both for a two-
year period and an optional third year. Both firms are recommended as they met the City's criteria on
experience, price, knowledge of Workers' Compensation law and the Bakersfield medical community.
'.r
Items 12r. and 12s. Environmentallmoact Reoorts for the Panama Lane ShoooinQ Center and Gosford
Villaae. As a result of the 'Walmart" Appellate decision in 2005, the City proceeded to prepare a new
Environmental Impact Report (EIR) for each project site, the Panama Lane Shopping Center and Gosford
Village. Because extraordinary effort and time is being incurred in preparation for the EIR for each project
site to comply with Court orders, additional funds are needed.
Panama 99 LLC deposited an additional amount of $475,000 for the EIR consultant for the Panama Lane
Shopping Center project. Castle and Cooke deposited $478,500 for the EIR consultant for Gosford Village.
No City funding is required for either of these contracts.
Item 12t. Environmentallmoact Reoort for Prooertv Located at the Southwest Comer of Panama Lane and
Ashe Road. Maurice J. Etchechury, representing the John M. Antongiovani Trust is proposing a General
Plan Amendment, a concurrent Zone Change, and approval of commercial development plans on an
approximately 18.7 acre site. The project would consist of approximately 146,000 square feet of gross
leasable retail space which will consist of 10 buildings containing a grocery store and a second major
tenant, five drlve-thru restaurants and three single- or multiple-tenant retail and/or restaurant buildings.
The first agreement acknowledges that Maurice J. Etehechury, representing the John M. Antongiovanl
Trust, will pay for all costs associated with the preparation of the EIR. The total cost of the EIR is $186,n3,
which consists of $139,800 for the consulting services and $46,973 to reimburse the City for its costs and
staff time In managing the project. The second agreement is with Jones and Stokes Associates, Inc. to
prepare the report.
Item 12w. Amendment NO.1 to Agreement No. 07-016 with Kern County for Jail Booking and Processino
Services. The current agreement with the County provided for the City to pay $1,080,429 for jail booking
and processing services rendered In FY 2006-07. This amount was calculated at 50% of the number of
chargeable bookings (13,598) multiplied by the per booking charge ($158,91). The number of chargeable
bookings is actually 10,965, which results in a decrease of $209,205. The actual amount owed to the
County Is $871,224.
Item 12x. Amendment NO.1 to AQreement No. 06-172 with the Housing Authority of the County of Kern
{HACKl to Construct 60 Affordable Senior Aoartments in the amount of $500.000 for a revised total 9f
$2.000.000 in HOME Investment Partnershio Funds. On June 6, 2006, Council approved an agreement
with HACK for $1,500,000 in HOME funds to construct the housing units. The project will be built adjacent
to Phase I of the Park Place Senior Housing Project, and will cost approximately $12 million. HACK formed
a Umited Partnership with Golden Empire Affordable Housing Inc. II, a California nonprofit public benefit
corporation, in order to develop the project and be able to apply to the State for low income tax credit (L1TC)
financing.
HACK has applied twice for competitive L1TC financing, without success. They recently requested an
additional $500,000 for a total of $2 million in HOME New Construction monies from the City for application
to the State in July (2007). Based on the evidence they provided regarding their recent scoring and position
last round, it appears they have a reasonably good chance of being funded in July assuming they are able
to receive the additional HOME contribution from the City in June.
Bids
Item 12... Agreement with Lim & Nascimento Engineerino COrD. for Construction Manaoement Services
for the White Lane at SR 99 Eastbound to Southbound On-Ramo Reconstruction Proiect in the amount of
$219.303. Because there is no available staff with expertise in freeway ramp construction management, an
outside consultant needs to be hired for both preconstructlon coordination as well as the Construction
Management (CM) services.
A Request for Proposals was sent to two construction management firms: Urn & Nascimento (LAN
Engineering) and PARSONS. These two firms were invited to submit proposals because of the specialized
nature of this work involving freeway on-ramp reconstruction, coordination with Caltrans under an
June 20, 2007 Agenda Highlights
PaQe 2
/
encroachment permit, and thorough knowledge of Caltrans standards, specifications, and construction
policies. In addition, both of these firms are currently performing satisfactory CM work for the City, and other
local firms do not have staff with this type of experience.
Based on the proposals received, the Selection Committee recommends awarding the contract to Lim and
Nascimento Engineering Corporation based on their combination of qualifications and fee proposal being
the most favorable to the City.
Item 120. Award Annual Contract to Jim Alfter Cement Contactor for Concrete Construction in an amount
not to exceed $2.000.000. Invitations to bid were sent to over 100 contractors. One bid was received and
staff finds It to be acceptable. Staff recommends award to Jim Alfter Cement Contractor.
Miscellaneous
Item 12/1. 2007 Recreation and Parks Master Plan. The scope of work is now ready for Council to review.
Based on extensive public input, recommendations for planning for the next five years are included in the
document. Staff recommends referring this matter to the Community Services Committee.
CONSENT CALENDAR HEARINGS
Item 1311. Resolution Aoorovino the Issuance of California Statewide Communities Dev~looment Authority
Insured Revenue Bonds for National Health Services. Inc. for the Puroose of Financlna and Refinancina the
Acaulsition. Construction. Renovation. Imorovement and Eauiooina of a Health Related Facility at 3409
Callowav Drive. #300. The City is being asked to adopt a resolution approving tax-exempt revenue bonds
In an aggregate principal amount not to exceed $20 million, to assist National Health Services, Inc. for the
purchase and rehabilitation of the facility. The Bonds would be tax-exempt private activity bonds, as such,
require the approval of the elected body of the governmental entity having jurisdiction over the area where
the project to be financed is located. There is no direct or Indirect financial impact to the City, and the City
will not be under any obligation to r~pay the Bond indebtedness.
Item 13c. Public Hearino to Consider a Resolution Adootlna the Mlramonte Drive-Chase Avenue Planned
Maior Thorouahfare Area. The City proposes to extend Miramonte Drive south to Chase Avenue, and to
extend Chase Avenue west to Comanche Drive. These extensions will provide the residents of the Rio
Bravo Area with a connection to Comanche Road and State Highway 58. Construction of this road
connection was a requirement of the property owner (Arnold Pettit) and the subdivider of Tentative Tracts
6839 through 6844 (GFC Properties LLC). Other properties being developed in the Rio Bravo area are
required to participate or contribute to the cost of construction of this thoroughfare. As a part of the
condition of the GPA/ZC, the City agreed to reimburse the owner for the cost of acquiring right-of-way,
design of improvement plans, and construction of Miramonte Drive and Chase Avenue. The Bridge and
Thoroughfare District will require payment of the proportionate share of cost of the road of all undeveloped
properties within the benefited area upon their development.
HEARINGS
Item 148. Public Hearing to Consider an Aooeal bv Timothv A. Chandler of the Aooroval bv the Plannina
Commission of Tentative Parcel Mao 11473 Located at the Northwest Corner of East Pacheco Road and
Cottonwood Road. The Tentative Parcel Map (TPM) consists of two parcels on 39.88 acres, including one
22.21 acre parcel for multiple-family residential purposes zoned R-2 (Parcel 1) and one 17.67 acre parcel
for industrial purposes zoned M-1 (Parcel 2).
Proposed TPM 11473 is the latest of several actions taken on the property, beginning in November, 2005.
On April 19, 2007, the Planning Commission approved the Tentative Parcel Map with conditions as
recommended by staff. During the hearing, Mr. Chandler voiced concerns over what he believes is a
piecemeal plan. On April 30, 2007, Mr. Chandler submitted a letter requesting an appeal of TPM 11473
citing concerns such as noticing, environmental issues, incompatibility, and Commission Rules and
Regulations.
June 20, 2007 Agenda Highlights
PaQe 3
It is staff's opinion that a considerable amount of environmental analysis has taken place with regard to the
project's suitability and impact on the surrounding area. Therefore, staff recommends denial of the appeal,
upholding the Planning Commission's decision, and approving the Tentative Parcel Map subject to
conditions of approval.
DEFERRED BUSINESS
Item16s. Resolutions Adootina the Fiscal Year 2007-08 Budaet. The City's Operating and Capital
Improvements Budgets total $740,616,813. The Bakersfield Redevelopment Agency's Operating and
Capital Improvement Budgets total $19,057,453. The resolution adopting the FY 2007-08 Appropriations
Umit of $249,728,547 is also included.
The budgets reflect 41 additional positions and the funding of various capital improvements including street
and road resurfacing, park and recreational facilities, and the expansion of Wastewater Treatment Plant No.
3.
The proposed Capital Improvement Budget reflects several changes from the Proposed Budget submitted
to Council on May 9, 2007:
1) Modification for the Westside Parkway project to add $16.7 million in additional STJP Augmentation
funds for design and preparation of construction documents and right-of-way acquisition, and $54.3
million for the construction of the Mohawk portion of the project, as recommended by the CTC;
2) Allocation of $25.3 million of federal TRIP funds and $4.0 million of non-federal matching TDF funds
for construction of the SR 178 at Fairfax Road Interchange project;
3) Three additional traffic signals at a total amount of $600,000 (Brimhall Road at Verdugo Road)
(Noriega Road at Verdugo Road) (Panorama Drive at Meadow Vista Street); and
4) Transfer of $6,500 from Council Contingency to the Council budget to allow for three
Council members to participate in an upcoming Sister City visit to Bucheon, South Korea.
Item 16b. Award Contract to Quinn Comoanv for one Hvdraulic Excavator in the amount of $295.004.
Although invitations to bid were sent to 45 suppliers, only two vendors submitted bids. One of those was
removed from consideration because it did not comply with the specification requirement to provide for a
service facility within a 50 mile radius. '
This item was brought before Council on June 6, 2007 with a recommendation to award the contract to
Quinn Company. Western Traction II, who had submitted the other bid, submitted a written protest and
spoke before Council that night. Their protest is based on the fact that staff requested a demonstration
even though It was known that the service facility was outside of the 50 mile radius. Staff explains the '
importance of the 50-mile radius requirement In documents attached to the administrative report. It explains
further that staff voiced concerns about this requirement right away, but Western Traction II was still willing
to provide a demonstration. Given their response, staff was hopeful that the vendor would provide for a
service facility within the stipulated 50-mile radius. This did not happen.
Councilmember Carson requested that the item be removed from the agenda and deferred to the June 20,
2007 meeting.
There is a memo attached to the Administrative Report that analyzes why staff believes the higher capital
cost is more than offset by the ongoing maintenance cost.
-IZ
Approved: '
Alan Tandy, City Manager .,'
00:
Department Heads
Rhonda Smiley. Public Information Officer
City Manager's File
City Clerk's Office
News Media File
June 20, 2007 Agenda Highlights
Paae 4
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Closed Session
ITEM: 4 . a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
June 12, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9.
(Three issues).
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June 12.2007, 3:28PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Closed Session
ITEM: Lt. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
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June 12,2007
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
(3 cases):
· CANYONS, LLC, a California limited liability company, and OKS
INVESTMENTS, LLC, a California limited liability company v. THE CITY OF
BAKERSFIELD, and DOES 1 through 50, inclusive
Kern County Superior Court Case No. S-1500-CV-260175-AEW
· OKS INVESTMENTS, LLC, a California limited liability company; JOHN M.
TARABINO and JOSEPH A. TARABINO, individuals; CANYONS, LLC, a
California limited liability company; and GENERAL HOLDING, INC., a
California corporation v. THE CITY OF BAKERSFIELD; BAKERSFIELD
CITY COUNCIL; and DOES 1 through 50, inclusive
Kern County Superior Court Case No. S-1500-CV- 259731-LPE
· JOHN M. TARASINO and JOSEPH A. TARASINO, individuals; and OKS
INVESTMENTS, LLC, a California limited liability company v. THE CITY OF
BAKERSFIELD, a California municipal corporation
KCSC Case No. S-1500-CV-257620-SPC
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S:ICQUNCIL ICI SesslAdminsI06-07106-20-07Existlit3cases.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ.fA.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Cler~
June 8, 2007
APPROVED
DEPARTMENT HEA~ ~ ,vr
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the June 6, 2007 Regular Council Meeting and th
and June 4, 2007 Budget Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ. b.
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
June 7,2007
SUBJECT: Approval of department payments from May 25, 2007 to June 7, 2007 in the mount of
$9,306,474.41. and self insurance payments from May 25, 2007 to June 7, 2007 in the
amount of $350,626.59.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,657,101.00.
BACKGROUND:
RAR
June 8, 2007, 8:05AM
S:\Richard\AP\ADMI N-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: l~. e-.
June 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
SUBJECT: First reading of an Ordinance Amending Chapters 5.48, 12.16 and 12.20 of the
Municipal Code regarding video service providers.
RECOMMENDATION:
The Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND:
The City Charter sets forth that the City can grant cable television franchises. The City has entered into
franchise agreements with two cable television providers, although Brighthouse is in the process of
purchasing Cebridge/Suddenlink. In late 2006, the California Legislature enacted Assembly Bill 2987 (AB
2987) which eliminated cities' and counties' ability to grant local video franchises and transferred that
power to the state Public Utilities Commission.
Any entity desiring to provide video service in California and not already operating under an existing
franchise, must apply to the Public Utilities Commission for a state franchise. The state franchise
application must indicate where the entity plans on providing such service. A state franchise lasts for 10
years.
Current cable service providers can retain their local franchises or negotiate an early termination of the
local franchise agreements and apply to the state for a franchise. The City's current franchise agreements
will both expire in 2015.
In March, 2007, AT&T informed the City that it had applied for a state franchise to operate in Bakersfield.
In April, 2007, the franchise was granted. AT&T is required to let the City know at least 10 days and no
more than 60 days before it will begin offering cable service in the City. To date, the City has not received
any such notification.
AB 2987 requires local entities to enforce regulations regarding the video programming providers and to
adopt penalties for violations of these regulations. Additionally, the bill requires local entities to have a
mechanism in place to appeal the decision to deny either an encroachment permit or a permit allowing
work in city streets or rights-of-way to the City Council.
This ordinance amends the sections of the municipal code dealing with cable television franchises, street
cutting permits and encroachment permits to comply with the requirements of AB 2987.
JS:js
June 8,2007, 10:17AM
S:ICQUNCIL \AdminsIOG.O? Admins\AB298? .Fnl.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: I~.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an Ordinance Amending Chapter 5.14 of the Bakersfield Mun cipal Code
regarding cabaret permits. .
RECOMMENDATION:
The Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND:
Currently, the City's cabaret ordinance (Chapter 5.14) requires the police chief to immediately revoke a
cabaret permit if he finds:
A. That misrepresentations were made on the application; or
B. That the owner or a manager has in the past three (3) years been convicted of a crime
substantially related to the qualifications, functions or duties of the business for which application is
made, unless he has obtained a certificate of rehabilitation; or
C. That the owner or a manager has in the past three (3) years done any act involving dishonesty,
fraud or deceit with the intent to substantially benefit himself or another, or substantially injure
another; or
D. That any of the terms or conditions of said permit have been violated or that the business has been
operated in violation of a local, state or federal law; or
E. That the operation of the cabaret is interfering with the peace and quiet of the neighborhood.
The way the ordinance currently reads, if a violation is found, whether major or minor, the chief must
revoke the permit. Since there are varying degrees of severity of permit violations, if would be beneficial
for the chief to have the ability to impose varying degrees of punishment to bring the permit holders into
compliance.
These amendments will give the chief the discretion to not only revoke a cabaret permit, but to suspend
the permit for up to one hundred and eighty days.
JS:js
June 8,2007, 10:17AM
S:ICQUNCIL IAdminsl06-07 Adminslcabarelpermilamend .dol
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: ,~. e,.
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
June 7, 2007
SUBJECT: Adoption of ordinances regarding Redevelopment Legislation - SB 53 and SB
1 & 2). (First Reading 6/6/2007)
1) Downtown Redevelopment Project Area
2) Old Town Kern - Pioneer Redevelopment Project Area
3) Southeast Bakersfield Redevelopment Project Area
RECOMMENDATION: Staff recommends adoption of ordinances.
BACKGROUND:
In January, 2005, the Legislature adopted Senate Bill 53. SB53 requires that, prior to July 1, 2007, the
legislative body adopt an ordinance reiterating the redevelopment agency's program regarding the use of
eminent domain. This bill applies to all redevelopment plans adopted prior to January 1, 2007 including
those that have no or limited use of eminent domain. The use of eminent domain is set forth in each
redevelopment plan. No new or expanded powers are granted to the redevelopment agency.
Related to SB 53, Senate Bill 1809 requires that redevelopment agencies, upon approval by the legislative
body, record with the county recorder the project area description and a statement that proceedings for the
redevelopment of the project area have been instituted following the law. For existing redevelopment
plans which authorize the use of eminent domain and were adopted prior to December 31, 2006 this
notice must be filed with the county recorder prior to December 31, 2007.
The adoption of the ordinances satisfies the requirements under SB 53 and authorizes the recordation of
the notice required under SB 1809. In addition, these specific legislative actions have no impact on the
Redevelopment Agency because each ordinance reiterates what is already contained in the various
redevelopment plans.
S:\Admlns\City Councll\City Council Admlns 2007\SB530rdlnanceSecondReading6.20.2007.doc
6/7/20079:10 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ. .f.
TO:
FROM:
Honorable Mayor and City Council
DATE:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY V&-
CITY MANAGER --m-
A Resolution of the Council of the City of Bakersfield designating certain city ~
certifying officers authorized to execute Environmental Review Record pursuant to Federal
Law. (Wards All)
Donna L. Kunz, Economic Development Director
May 25, 2007
SUBJECT:
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In accordance with the National Environmental Policy Act (NEPA) and 24 CFR Part 58, a unit of general
local government (responsible entity) who annually executes a HUD grant agreement for funds assumes
responsibility for complying with NEPA laws and regulations. Under NEPA laws and regulations, only the
responsible entity's certifying officer has the authority to execute documents concerning federal
environmental review, decision-making and environmental action. In order to streamline the administrative
and procedural implementation of future environmental review responsibilities, the attached resolution
authorizes city officials in addition to the City Manager who can execute certain federal environmental
assessments.
Beginning FY 2007-08, this resolution would allow HUD to accept staff signatures in addition to the City
Manager's, as Certifying Officer for projects requiring HUD environmental review. By federal regulation,
the Certifying Officer is responsible for ensuring that any conditions, procedures and requirements
resulting from the environmental review process are incorporated into project plans and become
implemented.
The resolution states that the City Manager or Assistant City Manager be the Certifying Officer for all
environmental assessments (EAs) requiring publication and submission to HUD for authority to use grant
funds. In addition, the resolution also states it is the City's intent to have the Economic Development
Director or the Assistant Economic Development Director be the Certifying Officer for the simpler EAs,
which do not require such publication and submission.
S:\Admins\City Council\City Council Admins 2007\HUD Cartyifying Raso.doc
5/25/2007 9:25 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ia.. CA .
v
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 30, 2007
APPROVED
DEPARTMENT HEAD ~G:N",t./L--
CITY ATTORNEf
CITY MANAGER
SUBJECT: Proposed Assessment District No. 07-1, (Vista View Estates).
1. Resolution Accepting Petition and Oeterming to Undertake Special Assessment
Proceedings. (Ward 6)
2. Resolution Approving Boundary Map
3. Resolution of Intention 1540
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: The appropriate application with petitions were submitted to staff and the
Agreements for Assessment Engineer, Bond Counsel and Disclosure Counsel, were approved at the
Council Meeting on June 6, 2007.
The City has a deposit from the developer to pay for the initial cost to start the assessment district.
The proposed assessment district is named Vista View Estates and is located east of Gosford Road, south
of Berkshire Road, west of Reliance Drive and north of McCutchen Road and is planned for new
residential development. The applicant Petrini Bakersfield 5 Ventures, LLC plans to sell a portion of the
property to merchant builders who will construct residential units, with acquisition of the improvements
occurring upon completion. The improvements include road construction of McCutchen Road, Gosford
Road and Berkshire Road. Other improvements will be street signs, street lights, survey monuments,
curbs, gutters, sidewalks and storm drains, block walls, grading and paving improvements.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal boundary Map.
May 30,2007, 1:07PM
G:\GROUPDA1\ADMINRPT\2007\06-20\AD07-1 ROI map assments.doc
/'.
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: I~. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 7, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding the following territory to the Consolidated Maintenan istric and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Ward 6)
1. Area 3-69 (Ashe, McCutchen NE)
2. Area 3-70 (McCutchen, Mountain Ridge NE)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On June 6, 2007 the Council adopted Resolution of Intention Nos. 1538 and 1539 to
add the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
parks and street landscaping. The areas will be under park and/or streetscape zones of benefit and will
be assigned the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City' of Bakersfield has received letters from the owners of the properties described above which
waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
Jun20_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: \J-. . ; .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 6, 2007
SUBJECT: Resolution of Intention No. 1541 to add territory, Area 3-71 (Mountain Vi a, Pan ma SE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6824 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-71 is generally bounded by Panama Lane on the north, a
line approximately 1,320 feet east of Mountain Vista Drive on the east, a line approximately 1,320 feet
south of Panama Lane on the south and Mountain Vista Drive on the west. This area will be under the
park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
June 6,2007, 12:20PM
MD3-71 RiOS.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: lJ.-. i
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 6, 2007
CITY MANAGER
SUBJECT: Resolution of Intention No. 1542 to add territory, Area 4-78 (King, Ken ky ) to the
Consolidated Maintenance District and preliminarily adopting, confirming and! approving
Public Works Director's Report. (Ward 2).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map Waiver No. 07-0937 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 4-78 is generally bounded by Lake
Street on the north, King Street on the east, Kentucky Street on the south and a line approximately 100
feet east of Baker Street 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
June 6. 2007. 12:17PM
MD4-78Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: Il.K.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
June 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1543 to add territory, Area 5-38 (Cottonwood Cas Loma SW)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11670 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 5-38 is generally bounded by a line
approximately 410 feet south of Casa Loma Drive on the north, Cottonwood Road on the east, a line
approximately 660 feet south of Casa Loma Drive on the south and Patino 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
June 7.2007, 8:50AM
MD5-38Rl05.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: I;)... t .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
June 1, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Tract Maps and. Improvement Agreements
I
1. Final Map and Improvement Agreements with OLD RIVER ROAD, LLC, for Tract
6359 Phases 1 & 2 located south of Panama Lane on Old River Road. (Ward 5)
2. Final Map and Improvement Agreements with STUART THOMAS, INC dba
LENEX HOMES, for Tract 6520 Phase 1 located east of South Union Avenue on
East Berkshire Road. (Ward 1)
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
June 1, 2007, 2:51PM
G:\GROUPDAnAOMINRPN007\06-20\Map and Improvement AGR .doc
I,
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: I;)... m.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
ffPROVED
DEPARTMENT HEAD ,~ (
if -
CITY ATTORNEY''-
CITY MANAGER
May 31,2007
SUBJECT: Assignment of Ground Lease Agreement #94-131 at the Bakersfield Mu
For Hangar space 0-4. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the Assignment of Ground Lease Agreement.
BACKGROUND:
The Ground Lease Agreement for hangar space 0-4 is currently with Harry Hackney. Mr. Hackney
desires to sell his hangar and assign his interest in the ground lease to John Harmon. The ground
lease allows for this assignment and the $200 processing fee. The assignment will transfer all terms
of the ground lease to John Harmon, including the monthly rent of $60.00.
BU:elp
May 31. 2007. 1 :02PM
G:\GROUPDAT\ADMINRPT\2007\06-20\HANGAR ASSIGNMENT OF D-4,dot
ADMINISlRA liVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: I d.. . Y'\ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement to collect special assessment and district fees by the County of
RECOMMENDATION:
Staff recommends approval of agreement
BACKGROUND:
The City and County have been operating under Agreement No. #95-179 executed June 28, 1995
regarding compensation for collection of fees related to special assessments placed on the tax roll.
Pursuant to Section 29304 of the Government Code the County currently collects an administrative fee for
each special assessment per parcel placed by the City on the County tax roll.
The County has requested an updated agreement for an amount not to exceed $1.00 per parcel per year.
The actual County charge for the 2007-08 fiscal year will be $0.18 per parcel. The "not to exceed" figure
is intended to allow this agreement to remain functional for several years.
June 8, 20070 7:24AM
S:\Admin\Admin Reports\Admin-AgrmntCoIISpecAssmntFee.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: la.o.
TO: Honorable Mayor and City Council
May 22, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
Virginia Gennaro, City Attorney
SUBJECT: Agreement between Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. and City f Ba ersfield to
provide legal services for acquisition of right-of-way for the construction of th Wests ide
Parkway, in an amount not to exceed $100,000. (Wards 2,4, and 5)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The Westside Parkway is part of the circulation element of the Metropolitan Bakersfield General Plan. It is
a projected east-west transportation corridor through the City of Bakersfield, starting approximately east of
Heath Road and Stockdale Highway, continuing for approximately eight miles and terminating just west of
Freeway 99.
There are approximately nine (9) parcels of real property necessary for the City of Bakersfield to acquire
for construction of the Westside Parkway. At this time, the City wishes to retain outside legal services to
handle the right-of-way/eminent domain cases associated with six (6) of said properties. The law firm of
Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. has expertise in this area and utilizing the services of this law
firm is in the best interests of the City. This arrangement will benefit the City by allowing us to better
predict our financial obligations and hopefully achieve a cost savings while retaining experienced legal
counsel in this specialized area.
RMS:lsc
May 23. 2007. 9:40AM
S:\COUNCI L\Admins\06-07 Admins\AttyRtnrAgr .GriswoldLaSaUe. WSParkway.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM:
. .
June 7,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
FROM:
DATE:
John W. Stinson, Assistant City Manager
SUBJECT: Property Insurance Joint Powers Agreement
1. JOINT POWERS AGREEMENT WITH THE CSAC EXCESS INSURANCE
AUTHORITY;
2. CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY PROPERTY PROGRAM
MEMORANDUM OF UNDERSTANDING
RECOMMENDATION:
Staff recommends approval of the Agreement and the Memorandum of Understanding.
BACKGROUND:
The City of Bakersfield has insured its real and personal property along with business income interruption
and extra expense exposures subject to a $25,000 deductible per occurrence. This insures the City
against monetary loss as a result of most perils, excluding earthquake.
For many years, the City has purchased this insurance through a local insurance broker, Clifford &
Bradford. This year the Risk Management Division marketed this insurance coverage and received
proposals from additional providers including Walter Mortensen & Company and the California State
Association of Counties Excess Insurance Authority (CSAC EIA). CSAC EIA is a public entity risk sharing
pool comprised of California Counties, Cities and Joint Powers Authorities. A list of the participating public
agencies that are insured in the Pool is attached. The pool is similar to the ACCEL pool that the City
belongs to for our liability insurance.
The proposal from CSAC EIA is far superior to the other two proposals. The limits of coverage provided
by the CSAC EIA pool range from 2-3 times the amount of coverage provided by the other proposers. The
premium for the CSAC EIA program is' $111,616 annually compared to $148,866 and $190,150 for the
other two programs. The CSAC EIA program deductible is $5,000 per occurrence compared to $25,000
for the other programs. A memorandum is attached that explains the details of the three proposals as well
as a copy of the CSAC EIA indication upon which our recommendation is based.
It is necessary that the City join the CSAC EIA JPA to participate in the CSAC EIA Property Pool.
Participation is ongoing subject to sixty (60) days written notice prior to April 1 of any year of our intention
to withdraw.
We recommend that the City place its Property insurance with the CSAC EIA pool
~tfJ!f.~3a'P.1 f:M>~ 1, 2007.
S:\Ralph\Property Ins\2007 Property Renewal.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Agenda
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
APPROVED
June 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Workers' Compensation Utilization Review and Nurse Case Management
1. Agreement with Professional Dynamics, Inc. to provide Utilization Review Services in the
Self-Insured Workers' Compensation program in an amount not to exceed $75,000,
annually.
2. Agreement with Comprehensive Care Systems to provide Nurse Case Management
Services for Self-Insured Workers' Compensation Program in an amount not to exceed
$50,000, annually.
RECOMMENDATION:
Staff recommends approval of the agreements
BACKGROUND:
As a result of the passage in 2004 of SB 899, employers, through their workers' compensation
administrators, are allowed to review medical procedures prescribed by treators of injured workers for
appropriateness as well as medical necessity. The law also allows the City to engage the services of
Nurse Case Managers who stay in contact with injured workers and monitor their treatment and progress
toward returning to work. The contract with the current provider of both utilization review and nurse case
management services, Monitor Integrated Healthcare Services, expires on June 30, 2007.
Risk Management Division issued a request for proposal to firms that provide these services. We have
received numerous responses. A fter careful review, including panel interviews with the top four (4)
responders, staff recommends that the City contract with Professional Dynamics, Inc. for utilization review
services for a two (2) year period (with an optional third year) and with Comprehensive Care Systems for
nurse case management services for a two (2) year period (with an optional third year). The interview
panel consisted of Ralph Korn, Risk Manager, Jena Covey, Administrative Assistant, Risk Management,
John Stinson, Assistant City Manager and Nelson Smith, Finance Director.
Professional Dynamics, Inc. has performed these services for other local public entities, including Self-
Insured Schools of California (SISC), as well as the County of Kern for many years with very satisfactory
results.
June 12, 2007. 9:02AM
S:\Ralph\Workers Comp\UR and NCM Renewal.doc
ADMINISTRATIVE REPORT
Comprehensive Care Systems is a Bakersfield company that does nurse case management services for
the County of Kern as well as numerous other California cities and public entities.
Both Professional Dynamics, Inc. and Comprehensive Care Systems best met the City of Bakersfield's
criteria on experience, price, knowledge of Workers' Compensation law and the Bakersfield medical
community.
June 12, 2007, 9:02AM
S:\Ralph\Workers Comp\UR and NCM Renewal.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: I~L r.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
June 11, 2007 CITY ATTORNEY VG
CITY MANAGER
SUBJECT: Amendments to agreement and appropriation of funds to prepare Environme
Reports for General Plan Amendment! Zone Change No. 02-0193 (pa
Shopping Center). (Ward 7)
1. Amendment No.1 to Agreement No. 05-118 with Michael Brandman and Associates
for $475,000.00 for preparation of an Environmental Impact Report for Panama Lane
Shopping Center.
2. Appropriate $475,000.00, the developer's contribution to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
As a result of the "Walmart" Appellate decision in 2005, the City proceeded to prepare a new
Environmental Impact Report (EIR) for each project site, Gosford Village and Panama Lane. Because
extraordinary effort and time is being incurred in preparation for the EIR for the Panama Lane Shopping
Center to comply with court orders, additional funds are needed as described in the attached contract
augment letter. As with all EIRs, the funds to by the consultant costs and staff's time and materials to
process the EIR come from the project applicant.
This additional amount of $475,000.00 for the EIR consultant has been deposited by the applicant,
Panama 99 LLC. There is money already on deposit to cover staff administrative costs. No City
funding is required for this contract.
The 37.5-acre project is located on the north side of Panama Lane, via Colony Street, and east of
Highway 99.
Jeng I S:\p-99\contract\2adm rept amend to agreements.doc
June 11, 2007
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ-. 5.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
June 11, 2007
CITY ATTORNEY
CITY MANAGER
~
SUBJECT: Amendment to agreement and appropriation of funds to prepare Enviro en I Impact
Reports for General Plan AmendmenU Zone Change No. 02-0030 (Gosford Village)
(Ward 5)
1. Amendment NO.1 to Agreement No. 05-117 with Michael Brandman and Associates
for $478,500.00 for preparation of an Environmental Impact Report for Gosford
Village.
2. Appropriate $478,500.00 the developers' contribution to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
As a result of the "Walmart" Appellate decision in 2005, the City proceeded to prepare a new
Environmental Impact Report (EIR) for each project site, Gosford Village and Panama Lane. Because
extraordinary effort and time is being incurred in preparation for the EIR for the Gosford Village
Shopping Center to comply with court orders, additional funds are needed as described in the attached
contract augment letter. As with all EIRs, the funds to by the consultant costs and staff's time and
materials to process the EIR come from the project applicant.
This additional amount of $478,500.00 for the EIR consultant has been deposited by the applicant,
Castle and Cooke. There is money already on deposit to cover staff administrative costs. No City
funding is required for this contract.
The 73.5-acre project site is located on the northwest corner of Gosford Road and Harris Road.
Jeng I S:\GV\contract\2adm rept amend to agreements.doc
June 11, 2007
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ia.. t-
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
May 31, 2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreements for preparation of Environmental Impact Report (EIR) for the Pana a1Ashe
EIR, General Plan Amendment/Zone Change No. 06-1052 located at the southwest
corner of Panama Lane and Ashe Road in southwest Bakersfield. (Ward 6).
1. Agreement with Maurice J. Etchechury, representing the John M. Antongiovani Trust,
Inc. ($186,773.00) for the preparation of an Environmental Impact Report (EIR).
2. Agreement with Jones and Stokes Associates, Inc. ($139,800.00) to prepare
Environmental Impact Report.
3. Appropriate $139,800.00, (developer's contribution) to the Development Services
Operating budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
Maurice J. Etchechury, representing the John M. Antongiovani Trust is proposing a general plan
amendment, a concurrent zone change, and approval of commercial development plans on an
approximately 18.7 acre site. The project would consist of approximately 146,000 square feet of gross
leasable retail space which will consist of 10 buildings containing a grocery store and a second major
tenant, five drive-thru restaurants and three single or multiple tenant retail and/or restaurant buildings.
The project is located at the southwest corner of Panama Lane and Ashe Road in southwest
Bakersfield.
Applicant - City Agreement:
This agreement acknowledges that Maurice J. Etchechury, representing the John M. Antongiovani
Trust will pay for all costs associated with the preparation of the Environmental Impact Report (EIR).
The total cost of the EIR is $186,773.00, which consists of $139,800.00 for the consulting services and
$46,973.00 to reimburse the City for its costs and staff time in managing the project.
ADMINISTRATIVE REPORT
Page' 2
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
Amendment/Zone Change No. 06-1052 by Jones and Stokes Consulting.
CG: S:\GPA 111 2008\06-1052 Panama_Ashe\Contracts\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ,. lA, .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
y/L
May 29, 2007
SUBJECT: State Route 178 at Fairfax Road Interchange. (Ward 3)
Cooperative Agreement with the State of California Department of Transportation for
control of storm water run-off at the new interchange on State Route 178 at Fairfax
Road.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The State of California Department of Transportation (Caltrans) and the City of
Bakersfield entered into a Cooperative Agreement (No. 06-1354) on March 28, 2007 which addressed
the construction responsibilities of the new interchange along State Route (SR) 178 at Fairfax Road.
Included in this project is the extension of SR 178 to a four-lane freeway for approximately one mile,
from the current end of the freeway east of Oswell Street to east of Fairfax Road.
The purpose of this new agreement is to specify terms and conditions for the City and Caltrans
regarding the handling of storm water run-off from the new freeway interchange. This project has been
designed for the storm water run-off from the interchange to be diverted into an existing City basin.
This existing City basin is adequately sized to accept this run-off.
A similar type of arrangement for handling storm water run-off along SR 178 west of Fairfax Road
currently exists between the City and Caltrans.
June 6, 2007, 12:45PM
G:\GROUPDAT\ADMINRPT\2007\06-20\178 Fairfax Storm Water Cooperative Agr(3).doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ.. V.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
June 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/1/"
J <.-..-/.
SUBJECT: Design Consultant Contract ($106,640.00) with Meyer Civil Engineerin , Inc. for the
preparation of plans, specifications and estimate in accordance with City requirements for
the primary channel elements of the Mill Creek Project along the Kern Island Canal (Ward
2).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: A conceptual plan for a 1.5 mile linear park along the Kern Island Canal in downtown
Bakersfield, known as the Mill Creek Project, was approved by the City Council in December 2003.
Community recommendations for such improvements were generated during the Bakersfield 2020
process. Those ideas were further refined in City sponsored Design Charrettes, where community
members recommended extending park improvements along the Kern Island Canal. The Mill Creek Linear
Park Project would transform a 1.5 mile portion of the Kern Island Canal, from Golden State Avenue to
California Avenue, into a "natural" creek with a walking path, public art, street furniture, lighting, decorative
fencing, landscaping, creation of a pond in Central Park, and a new pedestrian plaza at 17th Street and "R"
Street intersection.
The first phase includes enhanced pedestrian crossing at both 19th and 21st streets as well as work within
Central Park. This work will be constructed this fall during the normal canal shut-down.
Meyer Civil Engineering has been an integral part of the Mill Creek Project Development. All of the
channel improvements and hydraulics were performed by Richard Meyer. Because of this extensive
knowledge of the project, staff requested Meyer Civil Engineering to submit a proposal on the first phase.
June 8, 2007, 10:46AM RES - PW Engineering
G:\GROUPDAliADMINRPT\2007\06-20\Meyer-MiII Creek Design.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: \.1. "".
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD
FROM:
William R. Rector, Chief of Police
DATE:
June 8, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.1 to Agreement 07-016 with Kern County for County Jail Booki
Processing Services
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On January 17, 2007 the City and County entered into an agreement in which the City agreed to pay the County
$1,080,429 for County Jail Booking and Processing Services rendered in FY2006-07. The total sum was calculated to
be 50% of the number of chargeable bookings (13,598) multiplied by the per booking charge ($158.91), per statute.
An error has been discovered in the data set used to calculate the chargeable bookings. The correct amount of
chargeable bookings is 10,965. This decrease in bookings applied to the formula above results in a decrease of
$209,205. The total amount owed to the County from the City for County jail booking and processing services for
FY2006-07 should be $871,224.
The nature of the error had to do with how the data was filtered and counted. The data set uses one record for
every charge, opposed to one record for every booking. Therefore, if a person is booked with multiple charges, then
multiple records are generated. When the data was counted, the multiple charges were not filtered out, resulting in
a higher count of bookings. This amendment will correct the error and decrease the amount owed to the County.
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07IADMIN RPT - Amendment to Booking Fee Agt (07-016).doc June 8,
2007, 11 :22AM
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: l.;t. .
TO:
Honorable Mayor and City Council
6B~VED
DEPARTMENT HEAD "Cp
CITY ATTORNEY n
FROM:
Donna L. Kunz, Economic Development Director
DATE:
June 12, 2007
CITY MANAGER
SUBJECT: Senior Housing Project located at 24th and R Streets:
1. Amendment No. 1 to Agreement No. 06-172 with the Housing Authority of the
County of Kern ($500,000; revised total $2,000,000 HOME Investment Partnership
funds) to construct 60 affordable senior apartments.
2. Appropriate $100,000 prior year Program Income to the Economic and Community
Development operating budget with the HOME Investment Partnership Fund.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On June 6, 2006, the City Council approved an agreement with HACK for $1,500,000 in HOME funds to
construct affordable housing units for 60 units of senior housing in the Downtown Redevelopment Project
Area, at the corner of 24th and R Streets. The project consists of 56 one-bedroom units and 4 two-
bedroom units and will be rented to persons at or below 60% of the area median income. The total cost for
the project is approximately $12 million and will be built adjacent to Phase I of the Park Place Senior
Housing Project, 80 units of senior housing. HACK has formed a Limited Partnership with Golden Empire
Affordable Housing Inc. II, a California nonprofit public benefit corporation for the purpose of developing
the senior affordable housing project and applying to the State for low income tax credit (L1TC) financing.
HACK has applied twice to the State for competitive L1TC financing and has not been successful. They
recently requested an additional $500,000 for a total of $2 million in HOME New Construction monies from
the City of Bakersfield for application to the State in July (2007). Based on the evidence they provided us
regarding their recent scoring and position last round, it appears they have a reasonably good chance of
being funded in July assuming they are able to receive the additional HOME contribution from the City in
June. This additional contribution needs to be in the form of a legal commitment from the City.
The original agreement of $1.5 M stipulates a loan to HACK at 3% interest and the loan is to be repaid
from residual receipts with a promissory note secured by a Deed of Trust on the property for a term of 20
years. The additional commitment of $500,000 will also be a loan with similar underwriting terms and is
available from FY 2005-06 New Construction (HOME) program funds and prior year program income.
S:\Admins\City Council\City Council Admins 2007\HACK AmendHoAgrmt06-172.doc
6/12/2007 11 :22 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 4, 2007
SUBJECT: Amendment NO.1 to Agreement No. 06-158 with Target Specialty Products ( 45,000.00,
revised not to exceed $490,000.00 and extending the term for one (1) year) for the Annual
Contract for Insecticides and Herbicides. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 7,2006, Council awarded the Annual Contract for Insecticides and Herbicides
to Target Specialty Products, Fresno, CA, in the amount of $245,000.00. The Agreement includes
provisions for extension for four additional one-year terms and price escalation based on the Consumer
Price Index or Producer Price Index, whichever is lower. City staff and Target Specialty Products agree
to an extension of Agreement with a 2.8% price escalation based on the Consumer Price Index.
Extending the Agreement allows the City to continue working with a good provider and saves staff time
and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract
amendment.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-158, Target Specialty Products, AC Insecticides and Herbicides, June 20,
2007.doc
June 7, 2007, 12:45PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: \;). 'Z- .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 4, 2007
SUBJECT: Amendment No. 1 to Agreement No. 06-179 with Kern Turf Supply ($210,000.00, revised
not to exceed $420,000.00 and extending the term for one (1) year) for the Annual Contract
for Irrigation Parts and Supplies. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 21, 2006, Council awarded the Annual Contract for Irrigation Parts and
Supplies to Kern Turf Supply, Bakersfield, in the amount of $210,000.00. The Agreement allows for a one
(1) year extension if all parties agree. City staff and Kern Turf Supply agree to an extension of Agreement
with a 2.8% price escalation based on the Consumer Price Index. Extending the Agreement allows the
City to continue working with a good provider and saves staff time and efforts required if this item were to
be re-bid. Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-179, Kern Turf Supply, AC Irrigation Parts and Supplies, June 20, 2007.doc
June 7, 2007, 2:31PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: 1.l.C\A,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 4, 2007
SUBJECT: Amendment No. 3 to Agreement No. 05-065 with San Joaquin Fence and Supply
($100,000.00, revised not to exceed $600,000.00) for the annual contract for fencing.
(City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On February 9, 2005, Council awarded the Annual Contract for Fencing to San Joaquin
Fence and Supply, Bakersfield, in the amount of $150,000.00. On March 8, 2006, Council approved
Amendment NO.1 adding $150,000.00 and extending the agreement for an additional year. On February
28, 2007, Council approved Amendment NO.2 adding $200,000 and extending the agreement for an
additional year. Amendment NO.3 will add $100,000.00 to allow continuation of services until the contract
is re-bid in 2008. Sufficient funds are budgeted within the various City departments to cover this contract
amendment.
Purchasing Division
OW
S:\PURCHIADMINlAmendments\San Joaquin Fence and Supply, Agreement No. 05-065 AC Fencing, June 20, 2007, #3.doc
June 7, 2007, 1:00PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: \l.bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 4, 2007
SUBJECT: Amendment No. 1 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc.
($175,000.00, revised not to exceed $350,000.00 and extending the term for one (1) year)
for the Annual Contract for Irrigation and Landscaping Services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Irrigation and Landscaping
Services to Kern Sprinkler Landscaping, Bakersfield, in the amount of $175,000.00. The Agreement
allows for a one (1) year extension if all parties agree. City staff and Kern Sprinkler Landscaping, Inc.
agree to the extension of Agreement under the same terms and conditions. Extending the Agreement
allows the City to continue working with a good provider and saves staff time and efforts required if this
item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
DW
S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 06-220. Kern Sprinkler Landscaping, Inc., AC Irrigation and Landscaping Services,
June 20, 2007.doc
June 7, 2007. 12:49PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: lel. (,,0.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
June 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement No. 06-221 with Pestmaster Services, Inc. ($118,300.00,
revised not to exceed $236,600.00 and extending the term for one (1) year) for the annual
contract for chemical application. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Chemical Application to
Pestmaster Services, Inc., Bakersfield, CA, in the amount of $118,300.00. The Agreement includes
provisions for extension for four additional one-year terms and price escalation based on the Consumer
Price Index or the Producer Price Index, whichever is lower. City staff and Pestmaster Services, Inc.
agree to an extension of Agreement with a 2.8% price escalation based on the Consumer Price Index.
Extending the Agreement allows the City to continue working with a good provider and saves staff time
and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract
amendment.
Purchasing Division
DW
S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 06-221, Pestmaster Services, Inc.. AC Chemical Application, June 20, 2007.doc
June 7. 2007, 12:58PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: la.dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
June 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement 06-259 with Griffith Company ( 4,4 5.56 for a
revised not to exceed amount of $919,349.56) for the Mountain Vista Drive At Grade
Crossing Project (Ward 5)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of a portion of Mountain Vista Drive and
installation of a Railroad Crossing.
When construction of this project began, it was discovered that a portion of Mountain Vista Drive which
was supposed to be constructed by the adjacent development had not been completed. This section of
Mountain Vista Drive must be constructed in conjunction with this project in order to provide for a safe
roadway. As such, several contract Items must be either increased or decreased to accomplish this work.
The net cost of these increased and decreased quantities is $24,455.56.
This is the first change order to be submitted for this project. This change order will increase the project
total by $24,455.56 (which is an increase of 2.7% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$894,894.00
$919,349.56
$ 24,455.56
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAliADMINRPT\2007\06-20\CCO 1 Mountain Vista At Grade Crossing.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: \a. ee...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 11, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
//11/
/ .
SUBJECT: White Lane at State Route 99 Eastbound to Southbound On-ramp Reconstruction (Ward 7):
1. Accept bid and award contract to Griffith Company, ($1,828,105.00).
2. Award Construction Management Agreement with Lim & Nascimento Engineering
Corporation ($219,303.00).
3. Appropriate $400,000.00 Transportation Development Fund balance to the Capital
Improvement Budget within the Transportation Development Fund to fund this project.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, award of agreement
and approval of appropriation.
BACKGROUND: During the recent construction of the White Lane at State Route 99 Overcrossing
Widening and Interchange Improvement project, it was discovered that some of the improvements could
not be built to meet current Caltrans standards without modifications to the eastbound to southbound on-
ramp. It is Caltrans policy to reconstruct the entire on-ramp to meet current Caltrans Standards if the
ramp is modified by an improvement project. Caltrans has agreed to an interim solution to allow a one
year postponement of improvements to this ramp so that a proper design could be prepared. This project
will reconstruct the Eastbound to Southbound on-ramp to meet current Caltrans standards.
Because there is no available Staff with expertise in freeway ramp construction management, an outside
consultant would need to be hired for both preconstruction coordination as well as the Construction
Management (CM) services.
In May, 2007, a Request for Proposal (RFP) was sent out to two construction management firms: Lim &
Nascimento (LAN Engineering) and PARSONS. These two firms were invited to submit proposals
because of the specialized nature of this work involving freeway on-ramp reconstruction, coordination with
CalTrans under an encroachment permit, and thorough knowledge of CalTrans standards, specifications,
and construction policies. In addition, both of these firms are currently performing satisfactory CM work for
the City and other local firms do not have staff with this type of experience.
On May 31, 2007, the City reviewed the proposal submittals of the two qualified firms. These firms were
then ranked according to their qualifications, availability and technical proposals. The Selection
June 11, 2007, 10:50AM
G:\GROUPDAnADMINRPT\2007\06-20\White Lane at SR 99 on-ramp re write.doc
ADMINISTRATIVE REPORT
Committee, consisting of three Public Works staff, recommends award to Urn and Nascimento
Engineering Corporation based on their .combination of qualifications and fee proposal being the most
favorable to the City.
On May 23,2007, two acceptable bids were received as follows:
Griffith Company
1898 S. Union Avenue.
Bakersfield, California 93307 (City)
in the amount of
$1 ,828,105.00
Granite Construction
3000 James Road
Bakersfield, California 93308 (County)
in the amount of
$2,066,260.00
(Typist's Initials lower case)
June 11, 2007, 10:50AM
G:\GROUPDAl\ADMINRPT\2007\06-20\White Lane at SR 99 on-ramp re write.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: \~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
SUBJECT: Annual Contracts for Pre-Employment Background Investigations for the Police Department
(Citywide)
1. Accept proposal and award contract to B& T Investigations (not to exceed $80,000.00)
for the annual contract for pre-employment background investigations (in-state
applicants) for the Police Department.
2. Accept proposal and award contract to US Investigations Services, LLC (not to exceed
$20,000.00) for the annual contract for pre-employment background investigations (out-
of-state applicants) for the Police Department.
RECOMMENDATION: Staff recommends acceptance of the proposals and award of contracts with the
option to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: A public hearing was conducted at the City Council meeting on October 25, 2006 to
consider the proposed budget for the 2006 Supplemental Law Enforcement Services Funding (SLESF)
monies awarded to the Bakersfield Police Department. The budget was approved by Council, and the
monies were appropriated into the SLESF Operating Budget. Of the monies budgeted in this grant,
$100,000 was earmarked for contracted pre-employment background investigations.
Requests for Proposals were sent to over one hundred (100) companies for providing an Annual Contract
for Pre-Employment Background Investigations for the Police Department. The scope of work for this
project includes providing pre-employment background investigations for police officer applicants and
other Police Department positions. Five proposals were received in response to solicitation. The
proposals submitted by B&T Investigations, Bakersfield, CA and US Investigations Services, LLC, (USIS)
Falls Church, VA, provide the most comprehensive solutions and best value to the City. B&T
Investigations will primarily be used for in-state applicants and USIS will be used primarily for out-of-state
applicants. The contracts are renewable annually for four consecutive one-year periods at the City's
option and upon mutually agreeable terms.
Purchasing Division
OW
S:\PURCH\ADMIN\AC for Pre-Employment Background Investigations for the Police Department, 06-07-96, June 20, 2007.doc
Created on 6/7/2007 4:34 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: la.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Jim Alfter Cement Contractor (not to exceed $2,000,000)
for the annual contract for concrete construction. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract with the option to
renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for the Annual
Contract for Concrete Construction. Jim Alfter Cement Contractor, Bakersfield, submitted the sole bid in
the amount of $3,804,000. Pricing submitted is approximately 14% greater than the prices bid for the last
contract which was awarded in July 2005. In the time since the contract was last bid, prevailing wage
rates have increased approximately $4.00 per hour and cement has increased from $50/yard to $80/yard.
As such, staff finds the bid to be acceptable.
The bid submitted by the contractor is based on the City's estimate of work to be completed multiplied by
contractor's unit prices. The actual budget available for the work is $2,000,000. The contract is renewable
annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms.
Memo attached.
Purchasing Division
OW
S:\PURCH\ADMIN\AC for Concrete Construction, 06-07-104, Jim Alfter Cement, June 20, 2007.doc
June 13, 2007, 11:51AM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: lJ... h h.
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 7, 2007
7/
l/
SUBJECT: Accept proposal and award contract to KSS Systems, Inc. dba Kern Security atrol (not to
exceed $70,000.00) for the annual contract for park security services. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and with the option to
renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Requests for Proposals were sent to twenty-one (21) security services companies for
providing security and patrol services for designated City parks.
The scope of work for this project includes providing the uniformed security guard patrol services for
designated city parks. Six proposals were received in response to solicitation. The proposal submitted by
KSS Systems, Inc, dba Kern Security Patrol, Bakersfield, provides the most comprehensive solution and
best value to the City. The contract is renewable annually for four consecutive one-year periods at the
City's option and upon mutually agreeable terms.
Purchasing Division
DW
S:\PURCHIADMIN\AC for Park Security Services, 06-07-34, June 20, 2007.doc
Created on 6/7/2007 4:41 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. j i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 6, 2007
SUBJECT: Accept bid and award contract to Zim Industries, Inc, dba Bakersfield Wel and Pump
Company (not to exceed $100,000) for the annual contract for maintenance and repair of
the Olcese wells. (Ward 4)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract with the option to
renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Invitations to Bid were sent to over one hundred sixty (160) contractors for the Annual
Contract for Maintenance and Repair of the City's Olcese Wells. Two acceptable bids were received and
are as follows. In order to evaluate bids, two repair scenarios were included in the bid specifications.
Additionally, contractors were required to provide hourly rates for various services related to the repair and
maintenance of the wells. The bid prices provided below are based on the repair scenarios; however the
actual budget available for the on-call, as-needed work is $100,000.
BIDDER
AMOUNT
$47,155.95
Zim Industries, Inc.
Dba Bakersfield Well & Pump Co.
Bakersfield, CA
S.A. Camp Pump Company
Bakersfield, CA
$84,379.65
Staff finds the low bid submitted by Zim Industries dba Bakersfield Well and Pump Company to be
acceptable. The contract is renewable annually for four consecutive one-year periods at the City's option
and upon mutually agreeable terms.
Purchasing Division
OW
S:\PURCH\ADMIN\AC for Maintenance and Repair of Olcese Wells, 06-07-95, Zim Industries, June 20, 2007.doc
June 7. 2007, 4:35PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ... \(l(,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Flo-Systems, Inc. ($101,244.00) for a self cleaning
Station NO.5. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to Bid were sent to over two-hundred suppliers and contractors for providing a
self-cleaning lift station for installation by the City at the new location for Fire Station No. 5 on East White
Lane. Flo-Systems, Inc. submitted the sole bid and staff finds the bid to be acceptable.
Memo attached.
Purchasing Division
OW
S:\PURCHIADMIN\Self-Cleaning Lift Station for Fire Station No.5, 06-07-107, June 20, 2007.doc
Created on 6/7/2007 2:25 PM
'C-.- -~
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Consent Calendar
ITEM: lel. I \.
TO:
FROM:
DATE:
Honorable Mayor and City Council \. )
Javier Lozano, Human Resources Manage'\Yi'oEPARTMENT HEAD
June 7, 2007 CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Revised Job Specifications:
Blue & White Collar:
General Supervisory:
Management:
Administrative Analyst II
Development Assistant
Development Associate
Fire Plans Examiner
HR Analyst I and II
Administrative Analyst III
HR Supervisor
Assistant to the City Manager
Fleet Superintendent
General Services Superintendent
Solid Waste Superintendent
Street Maintenance Superintendent
Wastewater Treatment Superintendent
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
As part of the Recruitment and Retention Strategy, all department heads have reviewed the job
specifications in their respective departments to determine if allowing the substitution of experience for
education in the minimum qualifications for the job would assist in recruitment efforts. This has been
conducted to address the recruitment, retention and succession planning challenges facing the City.
Allowing the substitution of qualified experience for education will increase the number of qualified
applicants for vacant positions, provide career ladders for existing employees, and reduce the difficulties
the City has experienced in recruiting and retaining good employees.
The City has met with the SEIU representatives and they concur with the proposed revisions for the Blue
& White Collar job specifications. There is no budgetary impact as the salaries will remain the same. All
of the revised job specifications, except Fire Plans Examiner, will be presented to the Miscellaneous Civil
Service Board at their June 19, 2007 meeting. The Fire Plans Examiner job specification will be presented
to the Fire Civil Service Board at their June 11, 2007 meeting.
The Personnel Committee has reviewed and approved the concept.
Om.)
June 7, 2007, 3:36PM
S:\Admin Reports - 2007\Education-Experience Substitution ProjectlAdmin Report - Education Experience Substitution.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGEND1A SECTION: Consent Calendar
ITEM: 1,1. mm .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
APPROVED
June 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Recreation and Parks Master Plan
RECOMMENDATION:
Staff recommends that the draft 2007 Recreation and Parks Master Plan be referred to the Community
Services Committee for review prior to City Council approval.
BACKGROUND:
The consultants for the Recreation and Parks Master Plan began work in 2006. Their scope of work has
now been completed and is ready for City Council review. Public input included two public meetings, an
extensive city wide survey, interviews with staff, stakeholders, interest groups, and sports groups.
The result is a 181-page document consisting of six chapters which analyze existing programs and
facilities. It provides recommendations for planning for the next five years based on the public input. In
addition, the document includes a twenty five page executive summary, a glossary of terms, and
appendices of the public input process.
June 8, 2007, 11 :20AM:saf
S:\2007 Admins\Rec & Parks Dept. Master Plan 07.doc
c"l
~ 0 ADMINISTRATIVE REPORT
"
MEETING DATE: June 20, 2007
Hearings
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving the issuance of California Statewide Communities ~el pment
Authority Insured Revenue Bonds for National Health Services, Inc. for the purpose of
financing and refinancing the acquisition, construction, renovation, improvement and
equipping of certain medical and health related facilities and certain other matters relating
thereto located at 3409 Calloway Drive, #300. (Ward 4)
FROM:
DATE:
Donna L. Kunz, Economic Development Director
May 21,2007
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
The City of Bakersfield is being asked to adopt a resolution approving of tax-exempt revenue bonds by
California Statewide Communities Development Authority (Authority) in an aggregate principal amount not
to exceed $20.0 million, to assist National Health Services, Inc. for the purchase and rehabilitation of a
facility in the City of Bakersfield. Such approval is required for compliance with the federal tax laws under
the Tax and Equity Fiscal Responsibility Act of 1982 ("TEFRA"), as well as Section 9 of the Authority's
Amended and Restated Joint Powers Agreement (the" Agreemenr).
National Health Services, Inc. has been providing healthcare services to the people of Kern County for
more than 29 years. Through their 11 facilities in Kern County, National Health Services, Inc. provided
healthcare and dental care to more than 46,000 individuals in the 2006 calendar year.
The proceeds from the bonds will be used to finance the acquisition and rehabilitation of the Rosedale
Community Health Center. National Health Services, Inc. will purchase an existing 4,200 square foot
facility and perform interior upgrades to be completed by the end of July in 2007. The address for the new
facility in the City of Bakersfield is 3409 Calloway Drive #300, Bakersfield.
Additionally, National Health Services, Inc. will use the funds from this bond issuance to refinance a facility
in the City of Wasco, refinance and construct 3 facilities in Shatter, and enable the construction of a new
facility in the City of Ridgecrest.
The City of Bakersfield is not being asked to approve the financing with regards to the facilities located
outside the City of Bakersfield. Separate TEFRA Hearings are scheduled with the cities of Ridgecrest,
Shatter, and Wasco to cover those facilities.
S:\Admins\Clty Councll\City Council Admins 2oo7\TEFRA Natlonal.doc
5/21/20071:18 PM
ADMINISTRATIVE REPORT
Page 2
The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and,
as such, require the approval of the elected body of the governmental entity having jurisdiction over the
area where the project to be financed is located. The City will not be under anv obliaation to repay the
Bond indebtedness.
In order for the Authority to issue such Bonds, the City must (1) conduct a public hearing allowing
members of the public to comment on the proposed Project, and (2) approve of the Authority's issuance of
Bonds on behalf of the proposed financing. Although the Authority (not the City) will be the issuer of the
tax-exempt revenue bonds for the Project, the financing cannot proceed without the City becoming a
member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the
Authority's issuance of indebtedness.
The Authority is a California joint exercise of powers authority, organized and existing under the laws of
the State of California (specifically, California Government Code Section 6500 and following), and is
sponsored by the League of California Cities and the California State Association of Counties. Under the
California Government Code, cities and counties are authorized to form by agreement a governmental
entity that combines the powers of such entities to perform certain governmental functions specifically
outlined in the Agreement. With respect to the Authority, over 460 California cities, counties and special
districts have entered into and executed the Agreement to become a member of the Authority, including
the City of Bakersfield. The Authority is authorized to assist in the financing of 501 (c)(3) nonprofit projects.
There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed
financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt
revenue bonds are payable solely out of the revenues derived by the Borrower from the applicable Project.
No financial obligations are placed on the City for project financing costs or debt repayment.
S:\Admins\City Councll\City Council Admins 2007\TEFRA Natlonal.doc
5/21120071:18 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Hearing
ITEM: 12. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
May 15, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
ItIJ
/ L "--"'-
ti
........
SUBJECT: Public hearing as required by Resolution of Intention No. 1537 declaring t Cit 's intention
to order the establishment of Underground Utility District No.2, Division 3 (Sports Village).
1. Resolution establishing Underground Utility District No.2, Division 31 (Sports
Village ).
RECOMMENDATION: Staff recommends overriding protests and adopting Resolution establishing
Underground Utility District No.2, Division 31 (Sports Village).
BACKGROUND: The City Council approved Resolution of Intention No. 1537 on June 6, 2007 which set
the public hearing for June 20, 2007. The hearing has been duly advertised and the property owners
notified as required by law.
This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A
regulations regarding underground utility districts. All overhead lines in the area bounded by McCutchen
Road on the north, Ashe Road on the east, Taft Highway on the south, and Old River Road on the west
shall be removed and relocated underground. The district will be constructed with PG&E Rule 20A funds
at no cost to the City. Rule 20A funds will also be used, if necessary, to pay for private panel conversions.
mps
June 12, 2007, 2:29PM
G:\GROUPDAT\ADMfNRPT\2007\06-20\Sports Village Underground Estab.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Hearings
ITEM: IQ. c... .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
," J
May 24, 2007
CITY ATTORNEY
CITY MANAGER
I
SUBJECT: Hearing as required by Resolution of Intention No. 1536 regarding the Miramont~ Dr, ve
Chase Planned Major Thoroughfare Area (Ward 3). '
1. Resolution of the City of Bakersfield Adopting the Miramonte Drive-Chase Planned
Major Thoroughfare Area and Making Findings Thereto.
2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060
of the Bakersfield Municipal Code relating to Bridge Crossings and Major
Thoroughfares. (Second reading)
RECOMMENDATION: Staff recommends overriding protests and adoption of Resolution and Ordinance.
BACKGROUND: First reading of the ordinance was given on June 6, 2007.
The City proposes to extend Miramonte Drive south to Chase Avenue and to extend Chase Avenue west
to Comanche Drive. These extensions will provide the residents of the Rio Bravo Area with a much
needed connection to Comanche Road and State Highway 58. Construction of this road connection was a
requirement of the property owner (Arnold Pettit) of Section 23, T.29 S., R.29 E., M.D.M., and the
subdivider of Tentative Tracts 6839 through 6844 (GFC Properties LLC). Other properties being
developed in the Rio Bravo area have been required to participate or contribute to the cost of construction
of this thoroughfare. As a part of the condition of GPA/ZC 05-0875 on Section 23, the City agreed to
assist the owner in a method to reimburse him for the cost of acquiring right of way, design of
improvement plans and construction of Miramonte Drive and Chase Avenue as outlined above. A Bridge
and Thoroughfare District is the method which will accomplish this goal. The Bridge and Thoroughfare
District will require payment of the proportionate share of cost of the road of all undeveloped properties
within the benefited area upon their development.
A summary of the subject items follows:
Subject NO.1: The hearing is in regard to the adoption of the Miramonte Drive-Chase Avenue Planned
Major Thoroughfare Area.
Subject NO.2: The Resolution Adopts the Miramonte Drive-Chase Avenue Planned Major Thoroughfare
Area.
Subject No.3: The Ordinance adds the Miramonte Drive-Chase Avenue Planned Major Thoroughfare
Area to Section 16.32060 of the Bakersfield Municipal Code.
mps
June 12, 2007, 2:30PM
G:\GROUPDA l\ADMINRPT\2007\06-20\Miramonte-Chase Adopt.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 20,2007
AGENDA SECTION: Hearings
ITEM: ILt.lA.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
May 31,2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider an appeal by Timothy A Chandler of approval y PI
Commission of Tentative Parcel Map 11473 located at the northwest corner East
Pacheco Road and Cottonwood Road. (Appellant: Timothy A Chandler;
Engineer: Jerry Hendricks) (Ward 1)
1. Resolution upholding the decision of the Planning Commission, denying the
appeal, and approving Tentative Parcel Map 11473.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
On April 30, 2007, Timothy A Chandler submitted a letter requesting an appeal of TPM 11473 citing
concerns such as noticing, environmental issues, incompatibility, and Commission Rules and
Regulations.
On April 19, 2007, the Planning Commission approved Tentative Parcel Map 11473 which is located
at the northwest corner of East Pacheco Road and Cottonwood Road. The tentative parcel map
consists of two parcels on 39.88 acres, including one 22.21 acre parcel for multiple family residential
purposes zoned R-2 (Limited Multiple Family Dwelling) (Parcel 1) and one 17.67 acre parcel for
industrial purposes zoned M-1 (Light Industrial) (Parcel 2).
Proposed Tentative Parcel Map 11473 is the latest of several actions taken on the subject property.
On March 15, 2007, GPAlZC 05-1561 was approved amending the land use from HI (Heavy
Industrial) to LI (Light Industrial) and changing the zone from M-3 (Heavy Industrial) to M-1 (Light
Manufacturing) on Parcel 2 of TPM 11473, which is the western 17.67 acres of the project site. On
February 2, 2006, Vesting Tentative Tract 6514 was approved containing 111 lots for single family
residential purposes, a sump lot on 22.12 acres, and a designated remainder on 17.6 acres (total
39.88 acres) zoned R-2 (Limited Multiple Family Dwelling). On November 16, 2005, GPAlZC 05-
0412 was approved amending the land use from HI (Heavy Industrial) to LMR (LbW Medium Density
Residential) on 17.1 acres and from P (Public Facilities) to LMR on 5.5 acres and changing the zone
from M-3 (Heavy Industrial) to R 2 (Limited Multiple Family Dwelling) on the 22 acres comprising
Parcel 1 of TPM 11473.
Prepared by m.adams \ S:\Dana\ADMINS\2007IJune\6-20 appeal. doc
5/15107
Page 1
ADMINISTRATIVE REPORT
During the Planning Commission hearing on April 19, 2007, the appellant stated he felt this project
was piecemeal and lacked a coherent plan. Mr. Chandler stated joint coordination between County
and City should exist to address development in this area.
The project's engineer, Jerry Hendricks, spoke and stated Tentative Parcel Map 11473 does not
involve changing the zone. Mr. Hendricks explained the odd shaped parcels are due to the proximity
to the Bakersfield Municipal Airport, part of which (Parcel 2) does not permit residential development.
Mr. Hendricks further stated a future sewer main along Cottonwood Road would provide sewer forr
this development and would help improve the area.
The Planning Commission voted to approve proposed Tentative Parcel Map 11473 with conditions as
recommended by staff.
ENVIRONMENTAL REVIEW AND DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the
original projects (GPAlZC 05-1561 and GPAlZC 05-0412) of the subject property and a Negative
Declaration was adopted on March 15,2007, and November 16, 2005, respectively. In accordance
with CEQA section 15162, no further environmental documentation is necessary because no
substantial changes to the original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken and no new environmental impacts have
been identified.
It is staffs opinion that a considerable amount of environmental analysis has taken place with regard
to the project's suitability and impact on the surrounding area during the processing of the above
referenced approvals for the project site, including Tentative Parcel Map 11473. Therefore, staff
recommends approval of Tentative Parcel Map 11473 subject to conditions of approval contained in
Exhibit "1".
CONCLUSION:
Staff recommends City Council deny the appeal, uphold the Planning Commission's decision, and
approve Tentative Parcel Map 11473.
Prepared by m.adams \ S:\DanaIADMINS\2007Uune\6-20 appeal. doc
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Page 2
e
ADMINISTRATIVE
REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Deferred Business
ITEM: Ilt. 0...
TO:
Honorable Mayor and City Council
APPROVED
DATE:
June 14, 2007
CITY ATTORNEY
FROM:
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Fiscal Year 2007-08 Budget:
1. Resolution Approving and Adopting the City of Bakersfield Operating and Capital
Improvement Budget.
2. Resolution Approving and Adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution Establishing the City of Bakersfield Appropriations Limit.
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
Attached are the resolutions adopting the Fiscal Year 2007-08 City of Bakersfield and Bakersfield
Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets which total $759,674,266.
The proposed budgets reflect the operating and capital expenditures for the 2007-08 fiscal year. They
include the addition of 41 positions to address community growth and the funding of various capital
improvements including street and road resurfacing, park and recreational facilities, and the expansion of
Wastewater Treatment Plant No.3.
The City of Bakersfield budgets total $740,616,813, with the Operating Budget including transfers totaling
$365,491,726, and the Capital Improvement Budget totaling $375,125,087.
The Bakersfield Redevelopment Agency budgets total $19,057,453 with the Operating Budget totaling
$17,657,453, and the Capital Improvement Budget totaling $1,400,000.
The proposed Capital Improvement Budget reflects several changes from the Proposed Fiscal Year 2007-
08 budget presented to the City Council on May 9, 2007. The first is a modification for the Westside
Parkway project which currently includes no additional funding for FY 2007-08. The CTC has recommended
STIP Augmentation funds be used for the Westside Parkway in the amount of: $10.5 million for design and
preparation of construction documents; $6.2 million for right-of-way acquisition; and, $54.3 million for
JWS:rk
6/14/2007 9:37 AM
S:\07-08BUDFINAL\Resolutions\07-08 Budget Adoption Admin - 062007.doc
ADMINISTRATIVE REPORT
Page 2
construction of the Mohawk portion of the project. Staff has recommended these funds be included in the
City's proposed FY 2007-08 CIP bUdget. The second is a modification for the SR178 at Fairfax Road
Interchange project. Staff has recommended that $25.3 million of federal TRIP funds and $4.0 million of
non-federal matching TDF funds be allocated in the proposed FY 2007-08 CIP budget for construction of
this project. The project is currently advertising for bids, which are due the end of June. The third is the
addition of three traffic signals, which are on the most recent Signal Warrant Study prepared by the Traffic
Engineer's office, at a total amount of $600,000. The proposed funding sources for these three signals are
as follows: $200,000 in Transportation Impact Fee funds for Brimhall Road at Verdugo Road; $200,000 in
Transportation Impact Fee funds for Noriega Road at Verdugo Road; and, $200,000 in Capital Outlay Funds
for Panorama Drive at Meadow Vista Street.
Additionally, Councilmember Sullivan requested that staff consider funding for several Councilmembers to
visit Sister City Bucheon, South Korea. The final budget recommended above includes the transfer of
$6,500 from Council Contingency to the City Council budget sufficient for three Councilmembers to
participate in the upcoming Sister City visit.
The resolution adopting the Fiscal Year 2007-08 Appropriations Limit of $249,728,547 is also included with
this administrative report, for Council consideration and adoption as required by State law. The City's
appropriations which are subject to the limit total $144,718,280. Therefore, the proposed appropriations are
significantly below the maximum limit allowed by State law.
ADMINISTRATIVE REPORT
MEETING DATE: June 20, 2007
AGENDA SECTION: Defer (ed EusifllSS
ITEM: g". b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 11, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
f.
SUBJECT: Accept bid from Quinn Company in the amount of $295,004.00 for ~
excavator. (Citywide) ..
RECOMMENDATION: Staff recommends acceptance of bid from Quinn Company.
BACKGROUND: Invitations to bid were sent to forty five (45) suppliers for one (1) hydraulic excavator
to be used by the Public Works and Water departments. Two bids were received, but one of the
bidders was remov~d from consideration because they did not comply with the bid specification
requirement to provide for a service facility within a fifty (50) mile radius.
On June 6, 2007, this item was brought before Council recommending acceptance of the bid from
Quinn Company, Bakersfield for one (1) hydraulic excavator. Western Traction II, who had submitted
the other bid for the excavator, submitted a written protest of the award to Quinn Company and spoke
before the City Council during the public comment section of that meeting. Councilmember Carson
requested that the item be removed from the agenda and deferred to the June 20, 2007 Council
meeting for consideration at that time.
The written objection filed by Western Traction II (copy attached) questions the importance of the
service facility location and questions why they were requested to provide a demonstration of the
machine when staff knew that their service facility was outside the 50 mile radius.
A written response to the bidders objection letter was provided to the Council by Public Works just prior
to the June 6 meeting. The Public Works memo (copy attached) explains the importance of having a
service facility within a certain radius to expedite equipment repairs, especially if the equipment were
being used to respond to an emergency situation such as a canal or sewer repair. The memo also
explains that staff verbally expressed their concerns regarding the location of Western Traction II's
service facility, but after such warning the vendor was still willing to provide a demonstration of the
equipment. Given the vendors response, staff was hopeful that the vendor would provide for a
maintenance facility within the stipulated 50 mile radius.
Copies of the vendor objection letter and the response from Public Works are attached for your review
and consideration.
Purchasing Division
OW
S:lAdminlAdmin Reports\Hydraulic Excavator, 06-07-83, Quinn Company, June 6 & 20, 2007.doc
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
MAY 14,2007
City Council Chambers
1501 Truxtun Avenue
Department Budget Presentation Meeting - 12:00 noon
BUDGET MEETING
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice Mayor Hanson,
Councilmembers Carson, Benham (seated
at 1 :23 p.m.), Weir, Couch, Scrivner
Absent:
Councilmember Sullivan
2. DEPARTMENT BUDGET PRESENTATIONS
a. General Government
Assistant City Manager Stinson gave a computer
presentation and provided handouts.
Vice-Mayor Hanson requested information regarding
Risk Management staffing, Operating Budget and IT
staffing. Assistant City Manager Stinson responded.
Councilmember Carson requested staff explore
avenues to provide shared staffing for the City Council.
Councilmember Couch requested information
regarding disposal of used City computers. IT
Director Trammell responded.
Councilmember Couch requested a line-item
breakdown for League of California Cities dues.
Councilmember Couch requested an update regarding
movement towards occupying the Borton Petrini
Building and the proposed configuration of offices
within the building.
Bakersfield, California, May 14, 2006 - Page 2
2.
DEPARTMENT BUDGET PRESENTATIONS continued
b. Fire Department
Fire Chief Fraze gave a computer presentation and
provided handouts.
Councilmember Carson requested information
regarding equipment and staffing standards being
met. Fire Chief Fraze responded.
Councilmember Weir requested information
regarding the reason for a substantial payroll budget
increase when only one person is being added to
the staff. City Manager Tandy responded.
Councilmember Couch requested elaboration
regarding the Council promise that staffing levels
would be restored to the full compliment as soon as
possible. Fire Chief Fraze responded.
Councilmember Couch requested he be apprised of
changes in disaster preparedness procedures when
they occur.
Councilmember Couch requested information
regarding the NIMS Program. Fire Chief Fraze
responded.
c. Economic and Community Development
Department
Economic and Community Development Director
Kunz and Assistant Development Director Barnhard
gave a computer presentation and provided
handouts.
Councilmember Carson requested information
regarding down payment assistance for buyers at
The Cottages. EDCD Director Kunz responded.
Councilmember Carson requested information
regarding General Funds allocated to EDCD and
debt service for Section 108. EDCD Director Kunz
and Assistant EDCD Director Barnhard responded.
Councilmember Carson requested information
regarding areas where HOME Assistance Funds
may be used. EDCD Director Kunz responded.
ACTION TAKEN
Bakersfield, California, May 14, 2006 - Page 3
2. DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.c. continued
Vice-Mayor Hanson requested information regarding
the slow-down in the housing market and the effect
on The Cottages project. EDCD Director Kunz
responded.
Councilmember Couch inquired whether any
programs would be available for use in Ward 4.
EDCD Director Kunz and City Manager Tandy
responded.
d. Finance Department
Finance Director Smith gave a computer
presentation and provided handouts.
e. Police Department
Police Chief Rector gave a computer presentation
and provided handouts. Captain Taylor and
Assistant Chief Lynn provided additional comments.
Councilmember Carson
regarding additional PSTs.
responded.
requested information
Police Chief Rector
Councilmember Carson made comments regarding
funding of anti-gang efforts. Police Chief Rector
responded.
3. PUBLIC STATEMENTS
None.
4. ADJOURNMENT
Meeting was adjourned by Mayor Hall at 1:54 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JUNE 4, 2007
City Council Chambers
1501 Truxtun Avenue
Department Budget Presentation Meeting - 12:00 noon
BUDGET MEETING
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir (seated at 12:01 p.m.),
Couch (seated at 12:05 p.m.), Sullivan
(seated at 12:01 p.m.), Scrivner
Absent:
Vice-Mayor Hanson
2. DEPARTMENT BUDGET PRESENTATIONS
a. City Attorney
City Attorney Gennaro provided handouts, gave
a computer presentation and introduced Andrew
Cadriel, the new Accounting Clerk in the City
Attorney's office.
b. Recreation and Parks
Recreation and Parks Director Hoover
gave a computer presentation and provided
handouts.
Councilmember Couch requested information
regarding Aera Park and the relationship of the
North of the River Recreation and Parks District to
the park. Recreation and Parks Director Hoover
responded.
Councilmember Couch requested information
regarding landscaping maintenance. Recreation
and Parks Director Hoover responded.
Bakersfield, California, June 4, 2007 - Page 2
2. DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.b. continued
Councilmember Couch made comments regarding
informational meetings for the purpose of receiving
neighborhood input on the topic of design, layout,
lighting, parking, landscaping, etc. for the new Aera
Park.
Councilmember Sullivan requested information
regarding tree placement. Recreation and Parks
Director Hoover responded.
Councilmember Weir requested information
regarding the breakdown in personnel costs from
last year to this year. Recreation and Parks Director
Hoover will provide the information.
Councilmember Carson requested information
regarding the Movies in the Park Program.
Recreation and Parks Director Hoover responded.
Councilmember Carson requested information
regarding the roller facility at Saunders Park.
Recreation and Parks Director Hoover responded.
Councilmember Carson requested a report on the
feasibility of negotiating with the County to take over
Casa Loma Park.
Councilmember Benham requested an update
regarding the proposed expansion of the skate park
at Beach Park. Recreation and Parks Director
Hoover responded.
Councilmember Benham requested information
regarding the status of the pool in Jastro Park.
Recreation and Parks Director Hoover responded.
Councilmember Couch made comments regarding
the 1.5 million dollar increase in the Recreation and
Parks budget and the relationship to development
fees.
Mayor Hall requested information regarding the
highlights of the survey conducted by the Recreation
and Parks Department. Recreation and Parks
Director Hoover responded.
ACTION TAKEN
2.
Bakersfield, California, June 4, 2007 - Page 3
DEPARTMENT BUDGET PRESENTATIONS
c. Public Works
Public Works Director Rojas provided a computer
overview and furnished handouts. Engineer Arnold
Ramming gave the CI P presentation.
Councilmember Couch requested information
regarding the following issues:
. Location of the Ming Ave. and River
Run signal
. Location of the Allen Rd. Bridge
. The feasibility of right hand turn pockets
westbound Stockdale Hwy. to northbound
Coffee Rd.
. The feasibility of routing the Mohawk Bridge
to Coffee Rd and Coffee to Calloway
. Grade Separation over Rosedale Hwy. at
Landco
. Design and construction of signal at Brimhall
and Verdugo
Public Works Director Rojas and City Manager
Tandy responded.
Councilmember Carson requested information
regarding the source of the 1.3 million dollars for the
airport. Public Works Director Rojas responded.
Councilmember Carson requested information
regarding hangars at the airport. Public Works
Operations Manager Underwood responded.
Councilmember Benham requested information
regarding the current construction on Coffee Rd.
and access to the Frugatti's shopping center. Public
Works Director Rojas responded.
Councilmember Benham requested information
regarding egress toward the downtown area from
the shopping center at the northwest corner of
Stockdale Hwy. and Coffee Rd., informational
signage regarding the project and communicating
with affected business owners regarding the
progress of the project. Public Works Director Rojas
responded.
ACTION TAKEN
Bakersfield, California, June 4, 2007 - Page 4
2.
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.c. continued
Councilmember Benham requested information
regarding the railroad Quiet Zones as it relates to
the Public Works street improvement projects and
any potential liability. City Attorney Gennaro will
explore the issue and provide an opinion.
Mayor Hall requested information regarding the
finished size of the roadway near the old Mesa
Marin site and need for possible property acquisition
action. Engineer Ramming responded.
d. Water Resources
Water Resources Manager Core gave a computer
presentation, provided handouts and distributed
bottled water.
Business Manager Randall provided and overview
of the Domestic Water Division budget.
Councilmember Couch requested information
regarding use of revenues derived from agricultural
water. Water Resources Manager Core responded.
Councilmember Carson requested rate information.
Water Resources Manager Core and City Manger
Tandy responded.
Councilmember Benham requested information
regarding the level of water in the river necessary to
assure river water flow through the City during the
summer months. Water Resources Manager Core
responded.
Councilmember Sullivan requested information
regarding flat rate water charges and metered water
charges. Water Resources Manager Core
responded.
e. Development Services
Development Services Director Grady gave a
computer presentation and provided handouts.
Planning Director Movius gave a computer
presentation on the Planning Division budget.
ACTION TAKEN
Bakersfield, California, June 4, 2007 - Page 5
2. DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.e. continued
Building Director Burns gave a computer
presentation on the Building Division budget.
Development Services Director Grady summarized
the Development Services presentation.
Councilmember Couch requested information
regarding the handling of code enforcement
violations when the offending property is held by a
financial institution, at what point a property is
deemed in need of abatement and if there is a way
to fast track those properties. Building Director
Burns responded and Development Services
Director Grady responded.
Councilmember Couch requested information
regarding implementation of new Park and Trails
Plans spurring off the existing bikepath.
Development Services Director Grady, City
Manager Tandy and City Attorney Gennaro
responded.
Councilmember Couch requested the Planning and
Development Committee address implementing new
Park and Trails Plans spurring off the existing bikepath.
Councilmember Benham requested information
regarding establishing Code Enforcement standards
for properties in possession of financial institutions.
Councilmember Benham requested the Legislation and
Litigation Committee address the issue of establishing
Code Enforcement standards applying to properties
owned by financial institutions.
Councilmember Benham requested information
regarding efforts to achieve Council Goals relating
to strategies to reduce consumption of prime
agricultural land and development of policies for
specific incentives for residential infill in blighted
areas. Development Services Director Grady
responded and will provide further information.
Councilmember Carson requested information
regarding limiting the number of group homes.
Development Services Director Grady responded
and will provide more information at a later date.
ACTION TAKEN
Bakersfield, California, June 4, 2007 - Page 6
3.
PUBLIC STATEMENTS
None.
4. ADJOURNMENT
Meeting was adjourned by Mayor Hall at 2:49 p.m.
MA VOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 6, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Vice-Mayor Hanson
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Budget Presentation for Rabobank Arena, Theater
and Convention Center.
Rabobank Arena, Theater and Convention Center
and Ice Sports Center General Manager Womack
made a computer presentation and provided
handouts.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (Two cases)
Bakersfield, California, June 6, 2007 - Page 2
4.
CLOSED SESSION continued
b. Conference with Legal Council- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. City v City of Shatter, et al
Kern County Superior Court Case No. S-
1500-CV-260277 -RJO
2. City v North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW
3. City v Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384-LPE
4. Thomas Teagarden v City, Bakersfield
Police, et al USDC, Eastern District, Case
NO.1 :07-CV-00054-AWI-TAG
Motion by Councilmember Couch to adjourn to Closed
Session at 5:26 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:44 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Weir, Sullivan, Scrivner
Absent:
Vice-Mayor Hanson
6. INVOCATION by Pastor Curtis Richardson, Open Door
Church of God in Christ.
7. PLEDGE OF ALLEGIANCE by Evie Enderle, 5th Grade
Student at Leo B. Hart Elementary School.
Mayor Hall acknowledged Boy Scout Troup 44 in
attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (Two cases)
ACTION TAKEN
APPROVED
APPROVED
CITY MANAGER
GIVEN DIRECTION
Bakersfield, California, June 6, 2007 - Page 3
8.
CLOSED SESSION ACTION continued
b.
Conference with Legal Council- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. City v City of Shatter, et al
Kern County Superior Court Case No. S-
1500-CV-260277-RJO
2.
City v North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW
City v Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384-LPE
3.
4.
Thomas Teagarden v City, Bakersfield
Police, et al USDC, Eastern District, Case
NO.1 :07-CV-00054-AWI-TAG
Regarding item 4.b.4., City Attorney Gennaro
announced that on March 28, 2007, Council
unanimously authorized the City Attorney to settle the
matter for $250,000.
9. PRESENTATIONS
None.
10. PUBLIC STATEMENTS
a. Mark Trainor on behalf of Western Traction II, to
protest the bid award for a hydraulic excavator.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 23, 2007 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from May 11 ,
2007 to May 24, 2007 in the amount of
$11,062,420.23 and self-insurance payments from
May 11, 2007 to May 24, 2007 in the amount of
$320,537.13.
ACTION TAKEN
CITY MANAGER
AND CITY
A TTORNEY GIVEN
DIRECTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
SETTLEMENT
ANNOUNCED
ABS WEIR
12.
Bakersfield, California, June 6, 2007 - Page 4
CONSENT CALENDAR continued
Ordinances:
c.
First Reading of Ordinances regarding
Redevelopment Legislation - SB 53 and SB 1809:
1. Downtown Redevelopment Project Area
2. Old Town Kern - Pioneer Redevelopment
Project Area
3. Southeast Bakersfield Redevelopment
Project Area
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 123-02) of the Municipal Code by changing the
zoning from R-2 (Limited Multiple Family Dwelling)
to C-1 (Neighborhood Commercial) on .87 acres
generally located on the north side of Elcia Drive,
immediately west of the Highway 99 on-ramp. (ZC
06-1099) (Applicant: John Thomsen/Property
Owners: John A. & Terry Thomsen and Howard &
Betty Lamond)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 124-17) of the Municipal Code by changing the
zoning from M-3 (Planned Unit Development) to M-1
(Light Manufacturing) on 17.7 acres located along
the north side of E. Pacheco Road, generally west
of Cottonwood Road. (ZC 05-1561) (Applicant:
Jerry Hendricks/Property Owner: Eagle Meadows of
Bakersfield III)
d.
e.
f.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 103-25) of the Municipal Code by changing the
zoning from PUD (Planned Unit Development) to R-
2 (Limited Multiple Family Dwelling) on 11.18 acres
located north of Niles Street, west of Park Drive.
(ZC 06-2198) (Applicant: Mike Nelson/Property
Owner: Danco Development)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 101-34) of the Municipal Code by changing the
zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 4.4 acres generally located at the
northwest corner of Stockdale Highway and Claudia
Autumn Drive. (ZC 06-1688) (Applicant: Marino &
Associates/Property Owner: Raul Ridenour)
g.
ACTION TAKEN
FR
FR
FR
ORD 4434
ORD 4435
ORD 4436
ORD 4437
12.
Bakersfield, California, June 6, 2007 - Page 5
CONSENT CALENDAR continued
h.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 102-06) of the Municipal Code by changing the
zoning from R-2 (Limited Multiple Family
Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on
23.45 acres and from C-1 (Neighborhood
Commercial) to C-2/PCD on 15.3 acres generally
located on the southwest corner of Seventh
Standard Road and Calloway Drive. (ZC 06-1699)
(Applicant: Adavco, Inc/Property Owner: Michel &
Margaret Etcheverry Family)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 142-03) of the Municipal Code by changing the
zoning from A (Agriculture) to R-2 (Limited Multiple
Family Dwelling) on 19.55 acres generally located
on the north side of Engle Road, between Ashe and
Stine Roads. (ZC 06-1039) (Applicant: Mcintosh &
Associates/Property Owner: Bakersfield 19, LLC)
i.
j.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 142-03) of the Municipal Code by changing the
zoning from A (Agriculture) to C-2 (Regional
Commercial) on 10.02 acres, R-1 (One Family
Dwelling) on 24.74 acres, and R-2 (Limited Multiple
Family Dwelling) on 3.72 acres generally located on
the northeast corner of Ashe and Engle Roads. (ZC
06-1031) (Applicant: Dominique
Minaberrigarai/Property Owner: Minaberri Family
Trust)
Resolutions:
k.
Resolution adopting a policy establishing standards
for development of Seventh Standard Road.
I. Adding delinquent sewer user charges to County
Tax Bill:
1.
Resolution providing for the collection of
delinquent sewer charges by the Kern
County Tax Collector.
Resolution authorizing the Kern County Tax
Collector to establish two special
accounts to track collection of Plant Nos. 2
and 3 delinquent sewer charges.
2.
ACTION TAKEN
ORD 4438
ORD 4439
ORD 4440
REMOVED FOR
SEPARATE
CONSIDERA TION
RES 113-07
RES 114-07
Bakersfield, California, June 6, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
m. Adding delinquent refuse user charges to the
County Tax Bill:
1. Resolution providing for the collection of RES 115-07
delinquent refuse charges by the Kern
County Tax Collector.
2. Resolution authorizing the Kern County Tax RES 116-07
Collector to establish a special account
to track collection of delinquent refuse
charges.
Resolution supporting State Assembly Bill 802 RES 117-06
n.
(Salas) concerning criminal gang activity.
o. Resolution confirming approval by the Assistant City RES 118-07
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
Resolution adding Area 1-71 (Renfro, Brimhall W) to RES 119-07
p.
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.
q. Miramonte Drive-Chase Avenue Planned Major
Thoroughfare Area:
1. Resolution of Intention No. 1536 to establish ROl1536
the Miramonte Drive-Chase Avenue
Planned Major Thoroughfare Area and
preliminarily approving the boundaries of the
area and the cost and fee schedule.
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to bridge crossings and major
thoroughfares.
r. Resolution of Intention No. 1537 calling a public ROl1537
hearing to determine whether public necessity,
health, safety or welfare requires formation of an
underground utility district within designated area -
District No.2, Division 31 (Sports Village).
Bakersfield, California, June 6, 2007 - Page 7
12.
CONSENT CALENDAR continued
Resolution of Intention No. 1538 to add territory,
Area 3-70 (McCutchen, Mountain Ridge NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Resolution of Intention No. 1539 to add territory,
Area 3-69 (Ashe, McCutchen NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
u. Permanent Pump Station Construction at
Wastewater Treatment Plant NO.3:
s.
t.
1.
Amendment No. 1 to Resolution No. 076-06
dispensing with bidding procedures for
construction of a permanent pump station for
Wastewater Treatment Plant No.3,
increasing the amount from $8,000,000 to
$10,800,000.
Appropriate $2,800,000 from the Sewer
Enterprise Fund balance to the Public Works
Department's Capital Improvement Budget
for construction of project.
Amendment No. 1 to Agreement No. 06-136
with Floyd Johnston Construction
Company, Inc. ($3,500,000; revised not to
exceed $10,000,000) for construction of
project.
2.
3.
Agreements:
v. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with GMAC Model Home Finance, LLC, and
Lennar Homes of California, Inc. for Tract
6328 Unit 2 located at the southwest
intersection of Panama Lane and Mountain
Vista Drive.
Final Map and Improvement Agreements
with McMillin Arlington Park, LLC for Tract
6331 Unit 1 located east of S. Union Avenue
off Hosking Avenue.
2.
ACTION TAKEN
ROl1538
ROl1539
RES 076-06(1)
AGR 06-136(1)
AGR 07-157
AGR 07-158
AGR 07-159
AGR 07-160
Bakersfield, California, June 6, 2007 - Page 8
12.
CONSENT CALENDAR continued
Item 12.v. continued
ACTION TAKEN
3. Final Map and Improvement Agreements AGR 07-161
with Lo Land Assets, LP and Lennar AGR 07-162
Homes of California, Inc. for Tract 6343 AGR 07-163
Phases 1 & 2 located at the northwest AGR 07-164
intersection of Etchart Road and Calloway
Drive.
4. Final Map and Improvement Agreements AGR 07-165
with Standard Pacific Corp. for Tract 6387 AGR 07-166
Phase 2 located at the northeast intersection
of McCutchen Road and Mountain Ridge
Drive.
w. Agreement with Griswold, LaSalle, Cobb, Dowd & REMOVED
Gin, LLP (not to exceed $100,000) to provide legal
services for acquisition of right-of-way for
construction of Westside Parkway.
x. Agreement with Performance Electric AGR 07-167
($1,182,587.66) for design and construction of
on-site electrical distribution system at the City's
Greenwaste Recycling Facility.
y. Agreement with Wilson & Associates (not to exceed AGR 07-168
$111,000) to provide continuing disclosure services
for various Special Assessment Districts.
z. Proposed Assessment District No. 07-1 (Vista View
Estates) :
1. Agreement with Wilson & Associates for AGR 07-169
assessment engineering services.
2. Agreement with Orrick, Herrington & Sutcliffe AGR 07-170
(bond counsel) for legal services.
3. Agreement with Goodwin Procter, LLP AGR 07-171
(disclosure counsel) for legal services.
aa. Agreement with Mead & Hunt, Inc. ($231,000) for AGR 07-172
design of airport taxi lane and apron expansion.
Bakersfield, California, June 6, 2007 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
bb. Amendments to the following Agreements
($150,000 each; total not to exceed $450,000
each) to extend the period for on-call civil
engineering and surveying services:
1. Amendment No. 1 to Agreement No. 05-246 AGR 05-246(1)
with Boyle Engineering Corp.
2. Amendment NO.1 to Agreement No. 05-247 AGR 05-247(1)
with DMJM Harris, Inc.
3. Amendment No. 1 to Agreement No. 05-248 AGR 05-248(1)
with Harris & Associates, Inc.
4. Amendment No. 1 to Agreement No. 05-249 AGR 05-249(1)
with Meyer Civil Engineering, Inc.
5. Amendment No. 1 to Agreement No. 05-250 AGR 05-250(1)
with Parsons Transportation Group.
6. Amendment NO.1 to Agreement No. 05-251 AGR 05-251(1)
with T. Y. Lin International.
7. Amendment No. 1 to Agreement No. 05-252 AGR 05-252(1)
with Willdan.
cc. Amendment No.1 to Agreement No. 06-159 with AGR 06-159(1)
Gilliam and Sons, Inc. ($1,000,000; revised not to
exceed $2,000,000) and extending the term for one
(1) year for the earthmoving and hauling annual
contract.
dd.
ee.
Amendment No.2 to Agreement No. 05-285 with
Mountain View Bravo, LLC to allow assignment of
rights to the acquisition price of certain public
improvements in Assessment District No. 05-1 (City
in the Hills).
AGR 05-285(2)
General Plan Amendment/Zone Change NO.06-
1722 generally located to the east of Alfred
Harrell Highway, west of the City's eastern boundary
and encompasses both sides of Highway 178:
1. Agreement with Nickel Family LLC
($257,000) for the preparation of an
Environmental Impact Report (EIR).
2. Agreement with RBF Consulting ($192,222)
to prepare EIR.
3. Appropriate $192,222 (developer's
contribution) to the Development Services
operating budget in the General Fund.
AGR 07-173
AGR 07-174
12.
Bakersfield, California, June 6, 2007 - Page 10
CONSENT CALENDAR continued
Bids:
ff. Reject all bids for one (1) three axle dump truck.
gg. Reject all bids for one (1) self-contained patch truck.
hh. Reject all bids for one (1) knuckle-boom trash loader
truck.
ii.
Accept bid from Quinn Company ($295,004) for one
(1) hydraulic excavator.
Accept bid and award annual contract to HPS
Mechanical (not to exceed $205,000) for
sewer connection and septic tank abandonment for
the McDonald Way/Stockdale Area Sewer
Assessment Project.
jj.
Miscellaneous:
kk. Authorize the Finance Director to write off accounts
receivable in various funds totaling $84,367.19 and
forward non bankrupt accounts to a collection
agency for additional collection efforts.
II. Appropriate $300,000 Sewer Enterprise Fund
balance to the Public Works Department
operating budget for increased costs associated
with storm and sewer maintenance.
Assistant City Clerk Gafford announced the deletion
of item 12.w. and correction to the backup for items
12.ee. and 12.ii. Additionally correspondence was
received from staff addressing a letter of objection
from Western Traction II regarding item 12.ii.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item
12.b.
Motion by Councilmember Couch to approve Consent
Calendar items 12.a. through 12./1., with correction to
backup for items 12.ee. and 12.;;., the deletion of 12.w.,
and removal of items 12.k. and 12.ii. for separate
consideration.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDER A TION
AGR07-175
APPROVED
AS HANSON
12.
Bakersfield, California, June 6, 2007 - Page 11
CONSENT CALENDAR continued
Resolution adopting a policy establishing standards
for development of Seventh Standard Road.
Councilmember Couch requested staff explore
establishing similar standards on Taft Highway and
report back to Council.
k.
Motion by Councilmember Couch to approve the
Resolution.
ii. Accept bid from Quinn Company ($295,004) for one
(1) hydraulic excavator.
Motion by Councilmember Carson to defer the item to
the next Council meeting and requested staff provide a
report.
13. CONSENT CALENDAR HEARINGS
a. County of Kern General Plan Amendment NO.6 -
Kern River Plan Element Referral; Herb Family
Enterprises has applied to Kern County for a
General Plan Amendment to the Kern River Plan
Element on 8.36 acres located south of Roberts
Lane and approximately 1,000 feet west of N.
Chester Avenue.
1. Resolution recommending the Board of
Supervisors approve a general plan
amendment to the Kern River Plan Element
of the Metropolitan Bakersfield General
Plan, changing the land use designation
from Map Code 5.5 (Residential-Maximum 1
Unit/Acre) to Map Code 5.3 (Residential-
Maximum 10 Units/Net Acre) on 8.36 acres.
b. Public Hearing to consider Resolution adopting
proposed commercial refuse rate increase (3.2%)
for Fiscal Year 2007-08
c. Protest Hearing to consider Resolution approving
and adopting the Public Works Director's report for
twelve (12) Traffic Signal Maintenance Districts and
the 2007-08 budgets, confirming the assessments
and authorizing collection of assessments by the
Kern County Tax Collector.
ACTION TAKEN
RES 112-07
APPROVED
AS HANSON
APPROVED
AS HANSON
RES 120-07
RES 121-07
RES 122-07
Bakersfield, California, June 6, 2007 - Page 12
13. CONSENT CALENDAR HEARINGS continued
d. Protest Hearing to consider Resolution approving
and adopting the Public Works Director's report for
the Consolidated Maintenance District and the
2007-08 budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector
(rates increase for new developments only).
Protest Hearing approving and adopting the Public
Works Director's report for the Consolidated
Maintenance District and the 2007-08 budget,
confirming the street landscaping assessments and
authorizing collection of assessments by the Kern
County Tax Collector (rates increase for new
developments only).
f. Public Hearing to consider Resolution establishing
domestic water rates for Ashe, Fairhaven and
Riverlakes Ranch service areas of the City Water
System. (Increase in quantity rate)
e.
Hearings opened at 7:05 p.m.
No one spoke.
Hearings closed at 7:05 p.m.
Motion by Councilmember Couch to approve Consent
Calendar Hearings 13.a. through 13.f.
14. HEARINGS
a. Public Hearing for the FY 2007-08 Operating,
Bakersfield Redevelopment Agency and
Capital Improvement Program Budgets.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:08 p.m.
No one spoke.
Hearing closed at 7:09 p.m.
Motion by Councilmember Couch to approve the staff
recommendation.
ACTION TAKEN
RES 123-07
RES 124-07
RES 125-07
APPROVED
AS HANSON
APPROVED
AS HANSON
Bakersfield, California, June 6, 2007 - Page 13
14. HEARINGS continued
b. Public Hearing to consider Resolution adopting
proposed sewer rate increase (14.8%) for
Fiscal Year 2007-08.
Staff comments by Assistant Public Works Director
LaRochelle.
Assistant City Clerk Gafford announced six
letters were received opposing the rate increase.
Additionally one letter making comments was
received.
Hearing opened at 7: 11 p.m.
Silvestra Urquide spoke in opposition to the
increase in sewer fees and residential refuse fees.
Hearing closed at 7:15 p.m.
Motion by Councilmember Couch to adopt the
Resolution.
c. Public Hearing to consider Resolution adopting
proposed residential refuse rate increase
(3.2%) for Fiscal Year 2007-08.
Staff comments by Assistant Public Works Director
LaRochelle.
Hearing opened at 7:18 p.m.
No one spoke.
Hearing closed at 7:18 p.m.
Motion by Councilmember Couch to adopt the
Resolution.
15. REPORTS
a. Overview of Wastewater Expansion Project
Financing Plan and Sewer Rate Survey.
Finance Director Smith introduced Doug Howston,
Senior Vice-President of Public Finance, George K.
Baum and Associates, who made a presentation
and provided handouts.
ACTION TAKEN
RES 126-07
APPROVED
AS HANSON
RES 127-07
APPROVED
AS HANSON
Bakersfield, California, June 6, 2007 - Page 14
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff investigate
conditions on Kentucky Street that need abatement
and provided correspondence regarding the matter.
Councilmember Benham requested staff respond to a
constituent regarding the feasibility of a toll road and
report back to her.
Councilmember Weir requested the issue of licensing
realtors be referred to the Budget and Finance
Committee for further analysis.
Councilmember Carson thanked Councilmember Weir and
Mayor Hall for attending the welcome festivities for Major
Spencer.
Councilmember Carson requested staff include a
comparison chart when future notices for hearings
regarding fee increases are mailed; additionally staff to
address concerns regarding leaves and debris from a
citizen.
Councilmember Carson requested an update from
Chief Rector regarding calls from a resident on EI
Rancho Drive.
Councilmember Couch requested staff include
additional information regarding future rate increases
in the hearing notices and on the website.
Councilmember Couch provided a report from
KERNcog and requested staff determine what actions
would be necessary for the west end of the bikepath to
be extended to the Buena Vista/Taft area.
Councilmember thanked staff for the informational
meeting regarding annexation in the Olive Drive area,
requested staff follow up with residents and provide
information regarding the next step in the process.
ACTION TAKEN
Bakersfield, California, June 6, 2007 - Page 15
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Sullivan made comments regarding the
cost comparison for Bakersfield municipal services and
other municipalities.
Councilmember Sullivan made comments regarding a town
meeting in Kern City.
Councilmember Sullivan made comments regarding the
Mayor's trip to Bucheon South Korea and requested staff
allocate funds to send City representatives to the dedication
of the park next spring.
Mayor Hall made comments regarding planned
improvements for East Hills Mall and the appreciation
expressed by the property owner, Jerry Schulman, for City
staff's business friendly demeanor.
Mayor Hall made comments regarding the graffiti
defacement of the EMS mural and expressed appreciation
for the two off-duty police officers who removed the graffiti.
Mayor Hall made comments regarding the budget process,
the excellence exhibited in the budget presentations and
thanked staff for their efforts in providing such information
for Council and the public.
19. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 7:55 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:\CounciI\MINUTES\2007\June 6.doc
ACTION TAKEN