HomeMy WebLinkAbout08/15/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
AUGUST 15,2007
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
3. APPOINTMENTS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 11, 2007 Special Council Meeting and July 18, 2007 Regular
City Council Meeting.
Payments:
b. Approval of department payments from July 7, 2007 to August 2, 2007 in the amount
of $31,129,072.68 and self-insurance payments from July 7,2007 to August 2,2007 in the
amount of $1,572,274.59.
Ordinances:
(yVard 1)
c. First Reading of Ordinance Revisions:
1. Ordinance amending Section 5.16.030 relating to cardrooms.
2. Ordinance amending Section 5.23.030 relating to escorts and escort bureaus.
3. Ordinance amending Section 12.16.140 relating to construction work in streets.
4. Ordinance amending Section 12.56.050 relating to parks.
5. Ordinance repealing Chapter 2.52 relating to the Bakersfield Convention Center.
6. Ordinance repealing Chapter 9.32 relating to advertising matter and samples.
7. Ordinance repealing Chapter 12.24 relating to loose material.
First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 124-08) by changing the zoning from R-S (Residential Suburban) to E (Estate One
Family Dwelling) on 1.83 acres generally located on the west side of Cottonwood Road,
south of Casa Lorna Drive. (ZC 06-1909) (Applicant/Property: Jimmy Crompton)
d.
(yVard 4)
e.
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 E (Estate) to C-1/PCD
(Neighborhood Commercial/Planned Commercial Development) on 2.98 acres located on
the southwest corner of Renfro Road and future Brimhall Road. (ZC 07-0768) (Applicant:
Porter-Robertson Engineering/Property Owner: Froelich, Inc.) (FR 07/18/07)
Adoption of Ordinance amending Title 17(Zone Map Nos. 102-31 & 102-32) of the
Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2
(Regional Commercial) on 5.02 acres and from R-1 (One Family Dwelling) to C-2 on .47
acres located at the southeast corner of Calloway Drive and Brimhall Road. (ZC 06-1660)
(Applicant: M.S. Walker & AssoclProperty Owner: Bakersfield Center Limited) (FR 07/18/07)
(Ward 5)
f.
4. CONSENT CALENDAR continued
(Ward 2)
(Ward 1,2,6,7) h.
(Ward 4) i.
(Ward 1,7) j.
(Ward 1) k.
(Ward 3)
(Ward 5)
(yVard 4)
(Ward 5)
Resolutions:
Streetscape Improvements - 34th Street from Q Street to Union Avenue:
1. Resolution authorizing the Public Works Director or his designee to apply for and
execute a Program Supplement Agreement with California Department of
Transportation to receive Transportation Enhancement Activities (TEA) funding
($561,000) for project.
2. Authorize Economic and Community Development Department to form a
Maintenance District for this project.
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and demolition of dangerous buildings, authorize collection of the
assessments by the Kern County Tax Collector.
Resolution approving an application proposing proceeding for annexation of uninhabited
territory to the City identified as Annexation No. 574 consisting of 139.89 acres located south
of Seventh Standard Road, east of Allen Road, north of Snow Road.
Resolution approving an application proposing proceedings for annexation of inhabited
territory to the City identified as Annexation No. 590 consisting of 83.30 acres located east
and west of S. Union Avenue, between Berkshire Road and Hosking Avenue.
Sewer Connection and Construction Fee Assessments for the McDonald Area Sewer
Project:
1. Resolution confirming assessments for sewer connection fee, including construction
fee, and authorizing collection of assessments by Kern County Tax Collector.
2. Agreements with 54 property owners to pay sewer connection and construction
fee in installments and notice of special assessment lien.
Resolution adding Area 4-47 (Alfred Harrell, Lake Ming SE) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1547 to add territory, Area 1-70 (Calloway, Brimhall SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1548 to add territory, Area 1-72 (7th Standard, Jewetta SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1549 to add territory, Area 3-72 (Gosford, McKee SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
p. New job specification and change to salary schedule:
g.
I.
m.
n.
o.
1. Amendment NO.9 to Resolution No. 049-06 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting salary
schedule and related benefits for Assistant Code Enforcement Officer.
2. New job specification for Assistant Code Enforcement Officer.
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City Council Meeting of 08/15/2007
4. CONSENT CALENDAR continued
(yVard 3)
(Ward 5)
(Ward 1)
(Ward 1)
(Ward 1)
(yV ard 6)
(Ward 7)
Agreements:
q. Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball (not to exceed $45,900)
to provide officiating services for the City adult softball program.
Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (not to
exceed $125,000 in a 12 month period) for Workers' Compensation Legal Services (to be
paid from Self-Insurance Fund).
Agreement with RJC Inc. ($54,957) for design of drive entrances and parking lot remodel for
United States Postal Service regarding State Route 178 and Fairfax Interchange Project.
t. Agreement with Clifford & Brown ($125,000) for outside legal services in the matter of Robert
Pratt v City, et al (KCSC Case No. S-1500 CV-253264-RJA); Robbie Pratt v Alan Tandy, et
al (KCSC Case No. S-1500-CV-256401; and, Robert Pratt v City, et al (KCSC Case No. S-
1500-CV-259414-AEW 257620-SPC).
r.
s.
u.
Agreement with Lennar Homes of California, Inc. ($169,950) to purchase real property
located at the northwest corner of Berkshire Road and Mountain Vista Drive for a water well
site.
v. MaintStar Work Order System for the Public Works Department:
1. Agreement with MaintStar, Inc. ($377,500) to install, customize and provide support
for the MaintStar Public Works Work Order System.
2. Transfer $420,000 from Public Works Capital Improvement Project (Fleet Services
Building Remodel) to the Capital Improvement Budget within the Capital Outlay Fund.
Assignment of Agreement No. 06-323 with Harry Hackner to John Mackessy for ground
lease of hangar space D-3.
w.
Agreement with Federal Aviation Administration ($300,000) to accept grant offer for
infrastructure improvements to allow further hangar development at the Airport.
Reimbursement Agreement with Lennar Homes of California (not to exceed $760,402) for
installation of 4,808 linear feet of the backbone sewer system within the Panama and Union
Planned Sewer Area.
Final Tract Map and Improvement Agreements with Centex Homes for Tract 6491 Phase 3
located north of Taft Highway (Hwy 119), east of Ashe Road.
aa. Contributions to Bakersfield Museum of Art and Bakersfield Symphony:
x.
y.
z.
1. Agreement with Bakersfield Museum of Art ($27,500) for Fiscal Year 2007-08.
2. Agreement with Bakersfield Symphony ($55,000) for Fiscal Year 2007-08.
bb. Environmental Impact Report (EIR) for General Plan AmendmentlZone Change No. 07-0655
(SR99/Hosking Commercial Center).
1. Agreement with Woodmont Bakersfield, LP ($215,639) for the preparation of the EIR.
2. Agreement with Jones and Stokes Associates, Inc. ($162,134) to prepare the EIR.
3. Appropriate $162,134 (developer's contribution) to the Development Services
Operating Budget in the General Fund for the EIR consultant.
3
City Council Meeting of 08/15/2007
(Ward 5)
(Ward 3)
(Ward 1,4)
(Ward 3)
(yVard 1)
(yVard 6)
(Ward 3)
(yVard 1,6)
(Ward 2-6)
(yVard 1,2,4)
(yVard 4)
4. CONSENT CALENDAR continued
cc. Environmental Impact Report for General Plan Amendment/Zone Change No. 03-1544
(West Ming, formally known as Buena Vista Ranch).
1. Amendment NO.2 to Agreement No. 04-085 with Michael Brandman and Associates
($169,062) for preparation of the EIR.
2. Appropriate $169,062 (developer's contribution) to the Development Services
Operating Budget in the General Fund for the EIR consultant.
dd. Environmental Impact Report for General Plan Amendment/Zone Change No. 03-0337 (The
Canyons).
1. Amendment NO.2 to Agreement No. 03-215 with Michael Brandman and Associates
($160,557) for preparation of the EIR.
2. Appropriate $160,557 (developer's contribution) to the Development Services
Operating Budget in the General Fund for the EIR consultant.
ee. Amendment NO.1 to Agreement No. 05-445 with Strategic Design Services, LLC ($1,625;
total not to exceed $30,035) for additional hours of consultation required to finalize the
security and access control system project at Police Department Headquarters and West
Area Substation.
ff. Amendment NO.2 to Agreement No. 04-236 with Borton Petrini, LLP ($2,500; total not to
exceed $152,500) for outside legal services in the acquisition of offsite real property interest
for Vesting Tentative Parcel Map 11013 (City in the Hills-Mountian View Bravo, Developer).
gg. Amendment NO.2 to Agreement No. 05-228 with Kern Affordable Housing, Inc. (KAH) for
rehabilitation of Park Real Apartment complex to revise the timeline (no budgetary action).
hh. Amendment NO.1 to Agreement No. 06-388 with Jacobs Civil Inc. ($347 decrease;
reallocation of resources) to provide construction management services for Wastewater
Treatment Plant 3 - 2007 Expansion Project.
ii. Amendment NO.2 to Agreement No. 98-145 with Bryan A. Stirrat & Associates ($133,000;
revised not to exceed $450,000) for preparation of design modifications for the Bakersfield
Landfill closure.
jj. Amendment No.2 to Agreement No. 05-246 with Hargis and Son ($80,000; revised not to
exceed $240,000) for the biosolids hauling and spreading annual contract.
kk. Amendment No. 1 to Agreement No. 06-391 with Bradco Industrial Corporation dba Bradco
Environmental ($383,000; revised not to exceed $559,000) for the wood grinding and
screening annual contract.
II.
2004/2005 Federally Funded Reconstruct Various Streets Project:
1. Contract Change Order NO.3 to Agreement No. 06-109 with AlC Materials, Inc.
($24,136.52; revised total not to exceed $4,487,316.29) for project.
2. Appropriate $21,369 Federal Surface Transportation Program funds to the Public
Works Department Capital Improvement Budget.
Bids:
mm. Accept bid and award contract to Griffith Company ($208,705) for median island
improvements - various streets.
nn. Accept bid and award contract to Loop Electric ($131,765.65) for the traffic signal and
lighting system installation at the intersection of Calloway Drive and Noriega Road.
4
City Council Meeting of 08/15/2007
(yV ard 6)
(yVard 3)
(Ward 3)
(Ward 2)
(Ward 1)
(yVard 6)
(yVard 1,3)
(Ward 6)
(Ward 5)
4. CONSENT CALENDAR continued
00. Accept bid and award contract to Kiewit Pacific Company ($211,021,000) for construction
services to upgrade and expand Wastewater Treatment Plant 3.
pp. Accept bid and award contract to Nicholas Construction Inc. ($448,146) for rehabilitation of
the Farmers-Stine-Anderson Weir on the Carrier Canal.
qq. Accept bid and award contract to Security Paving Company, Inc. ($28,929,446.10) to
construct the State Route 178 (SR 178) and Fairfax Road Interchange Project.
rr. Accept bid and award contract to Hudson Custom Construction, Inc. ($142,300) for Fire
Station No. 1 Arson Unit Remodel.
ss. Accept bid and award contract to Klassen Corporation ($724,321) to construct Saunders
Park Recreation Facility.
tt. Accept bid and award contract to A-C Electric Company ($118,176.25) for traffic signal
lighting system installation on Ming Avenue at Highway 99 on-ramp.
uu. Accept bid and award contract to Montes Pacific Engineering ($45,610) for storm drain
improvements for 501 S. Mt. Vernon Avenue and Columbus Street at University Avenue.
w. Accept bid and award contract to Carollo Engineers ($239,748) for consulting services to
complete Regional Water Quality Control Board requirements concerning Wastewater
Treatment Plant 3.
Miscellaneous:
ww. Transfer $1,200,000 from developer contributions within the Park Improvement Fund to the
Recreation and Parks Department Capital Improvement Budget for development of
Greystone Park located at the southwest corner of Mountain Vista Drive at Harris Road.
xx. Assessment District and related Public Financing Authority (PFA) Bond Call:
1 . Appropriate $465,166 fund balances to the Operating Budgets within various special
assessments funds and PFA Debt Service Fund to facilitate advance redemption of
Assessment and related PFA Bonds.
2. Appropriate $343,290 fund balance to reimburse developer for approved costs that
exceeded original estimates for Assessment District No. 04-3.
yy. City's position on 2007 League of California Cities Resolutions.
zz. Appointment of League of California Cities Voting Delegate and Alternate for 2007 Annual
Conference. (Legislative and Litigation Committee recommends appointment of Public
Information Officer as League Voting Delegate and City Clerk as Alternate.)
Staff recommends adoption of Consent Calendar items a through ZZ.
5. CONSENT CALENDAR HEARINGS
5
City Council Meeting of 08/15/2007
6. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. City v Kern Delta Water District - KCSC Case No. S-1500-CV-258097-NFT (now
known as Ventura County Case No. CIV242067)
2. Chane I McBride and Deondre Donte Marzette, Jr. (minor), by and through his
Guardian Ad Litem, Yessenia Revles v Valley Plaza Mall; General Growth Properties;
City; County of Kern - KCSC Case No. S-1500-CV-259634-AEW
3. Essex Insurance Company v City, D.A.R.E., Inc., et al-KCSC Case No. S-1500-CV-
256273-AEW
RECONVENED MEETING - approximately 6:30 p.m.
7.
8.
9.
10.
11.
12.
13.
14.
(yV ard 2)
(Ward 6)
ROLL CALL
INVOCATION by Reverend William R. Ekhardt, Northminster Presbyterian Church.
PLEDGE OF ALLEGIANCE by Hannah Cooper, 7th Grade Student at Earl Warren Junior High.
CLOSED SESSION ACTION
PRESENTATIONS
PUBLIC STATEMENTS
REPORTS
HEARINGS
a. Public Hearing to consider the appeal by Jason's Retreat and J. McFadden Rentals (property
owner) of the Board of Zoning Adjustment decision denying Modification No. 07-1040 to
reduce the required oft-street parking for a 26 person residential facility with two employees
from 22 spaces to 2 spaces in a C-1 zone district located at 2000 Baker Street. (Applicant:
Jason's Retreat)
Staff recommends continuation to August 29, 2007 meeting.
General Plan AmendmentlZone Change No. 06-1002; The City of Bakersfield (property
owner) has applied for a general plan amendment and zone change on 247 acres bounded
by Taft Highway (State Route 119) on the south, Ashe Road on the east, Gosford Road
west, and City's Wastewater Treatment Plant NO.3 on the north. (Bakersfield Sports Village)
1 . Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for GPA/lC No. 06-1002.
2. Resolution adopting the general plan amendment changing the land use designations
from P (Public Facilities) to OS-P (Open Space-Parks) on 185 acres and GC
(General Commercial) on 38 acres.
3. First Reading of Ordinance amending Title 17 of the Municipal Code (Zone Map No.
123-33) from A (Agricultural) to RE (Recreation) on 185, C-2/PCD (Regional
CommerciaVPlanned Commercial Development) on 37 acres and M-1 (Light
Manufacturing) on 22 acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
b.
6
City Council Meeting of 08/15/2007
14. HEARINGS
(yVard 5,6)*
c.
General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle and Cooke,
California, Inc. (property owner) has applied for a general plan amendment, specific plan
adoption, zone change and development agreement approval for the West Ming project on
2,184 acres generally located between Ming Avenue (extended) and the Southern Pacific
Railroad, Buena Vista Road and future West Beltway. (Continued from 02/07/07 meeting)
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Specific Plan ApprovaVZone Change No.
03-1544, known as the West Ming Project.
2. Resolution adopting the general plan amendment changing the land use designations
from R-IA (Resource-Intensive Agriculture), R-MP (Resource-Mineral Petroleum) and
OS (Open Space) to West Ming Specific Plan and change the Kern River Plan
Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive
Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum) to West Ming
Specific Plan and amending the Circulation Element to change the Circulation
Element alignment of the collector roads within the project boundaries to deviate from
the current grid pattern, re-designate White Lane and Ming Avenue (west of S.Allen
Road) from arterials to collectors as shown in the West Ming Specific Plan.
3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan
Bakersfield General Plan and the Kern River Plan Element Land Use Elements to
WM-LR (West Ming-Low Density Residential) on 448 acres; to WM-LMR (West Ming-
Low Medium Residential) on 980 acres; to WM-HMR (West Ming-High Medium
Density Residential) on 378 acres, to WM-HR (West Ming-High Density Residential)
on 43 acres, to WM-GC (West Ming-General Commercial) on 41 acres, to WM-OC
(West Ming-Office Commercial) on 9 acres, WM-MU (West Ming-Mixed Use) on 63
acres and to WM-SU (West Ming-Special Use) on 220 acres.
4. Resolution approving amendment to Title 17 of the Municipal Code by adopting the
West Ming Specific Plan zoning for the project site changing the zoning to WM-R1
(West Ming One Family Dwelling) on 448 acres, WM-R2 (West Ming Limited Multiple
Family Dwelling) on 1,358 acres, to WM-R3 (West Ming Limited Multiple Family
Dwelling) on 43 acres, to WM-CO (West Ming Professional and Administrative Office)
on 41 acres, to WM-GC (West Ming General Commercial) on 9 acres to WM-TC
(West Ming Town Center) on 63 acres and to WM-SU (West Ming Special Use) on
220 acres.
5. First Reading of Ordinance approving the Development Agreement.
Staff recommends adoption of resolutions and give first reading to ordinance.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
8/9/07 1 0:50am
x~:r: e~ ~
Alan Tandy
City Manager
7
City Council Meeting of 08/15/2007
--
AGENDA HIGHLIGHTS
AUGUST 15, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 c.m.
CONSENT CALENDAR
Ordinances
Item 4c. First Readina of Ordinance Revisions. Proposed are four sections to be amended
(cardrooms, escorts and escort bureaus, construction work in streets, and parks) and three
sections to be repealed (Convention Center, advertising matter and samples, and loose material).
The actions are the result of Code sections that have been identified as needing clarifying
language, removal of ambiguity and/or correction of typographical errors. Specific information is
contained within the administrative report.
Item 4d. First Readina of Ordinance ADDrovina a Neaative Declaration and Amendina the
MuniciDal Code bv Chanaina the Zonina from R-S (Residential Suburban) to E (Estate) on 1.82
Acres Located on the West Side of Cottonwood Road. South of Cas a Lorna Drive. Jimmy
Crompton, applicant and property owner, proposes development of four single-family residential
dwelling units. The Planning Commission recommended approval to the City Council on July 5,
2007. No one present at the hearing was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project.
Resolutions
Item 4g. Resolution Authorizina the Public Works Director or his Desianee to ADDlv for and
Execute a Proaram SUDDlement Aareement with Cal Trans to Receive TransDortation
Enhancement Activities (TEA) Fundina for the StreetscaDe. ImDrovements on 34m Street from Q
Street to Union Avenue in the amount of $561.000. Council established the 34m Street
Streetscape project as a Council Goal. The first phase of the project will construct landscap$d
median islands from "Q" Street to Union Avenue. With this funding and the current funding
available in the Capital Improvement Program budget for this project, construction can begin in the
current fiscal year.
Aareements
Item 48. Aareement with RJC Inc. for Desianof Drive Entrances and Parkina Lot Remodel for the
United States Postal Service related to the ~tate Route 178 and Fairfax Interchanae Proiect in the
amount of $54.957. The new interchange at State Route 178 and Fairfax Road, along with
improvements to SR 178, will require a number of improvements to the intersection of Fairfax Road
and Auburn Street to handle the future traffic flows. Improvements include the closure of current
main drive entrance and construction of a new entrance for the Postal Facility on Auburn Street.
Due to the specialized nature of the Postal Facility and Federal approval layers, the City needs to
hire an architect/engineer firm with experience in dealing with the Federal Postal System and their
facilities in order to move the project through design, approvals and construction.
Item 4v. Aareement with MaintStar Inc. to Install. Customize and Provide SUDDort for the
MaintStar Public Works Work Order Svstem in the amount of $377.500. Maintenance staff needs
to track work completed in order to provide records of completed work, discover repeated problem
areas, and improve efficiency in time and project management. Five companies were invited to
participate and made subsequent demonstrations. As a result of those demonstrations, staff
determined that two of those companies had products that met the specific requirements. Site
visits were then made to.four locations (two each) to review the actual use of the products. It was
then decided that MaintStar would best suit the desired needs.
This system will be used to create work order and track work in a wide variety of work areas. The
cost includes the software, installation, configuration, training, maintenance for five years, and
sales tax. Additional server hardware will be purchased separately at an estimated cost of
$40,000. Staff recommends transferring $420,000 from a deferred Capital Improvement Project to
fund this project.
Item 4x. Aareement with Federal Aviation Administration to a AcceDt Grant Offer for Infrastructure
ImDrovementsto Allow Further Hanaer DeveloDment at the Airoark in the amount of $300.000. All
current spaces for hangar construction are leased. and there are currently 20 individuals on a
waiting list to obtain ground leases for hangar construction. These grant funds. will be used to
provide the design for infrastructure necessary to build additional hangars. The scope of work
includes an update to the Airport Layout Plan, Airport Property Map and design of taxilane and
apron expansion. A Consultant's Agreement with Mead & Hunt, Inc. for design services was
approved by City Council on June 6, 2007. The project is funded 95% by the Federal Aviation
Administration (FAA).
Item 4y. Reimbursement Aareement with Lennar Homes of California for Installation of 4.808
Linear Feet of the Backbone Sew,r S'(stem for the Panama and Union Planned Sewer Area in an
amount not to exceed $760.402. As a condition of approval for the development of a tract on the
south side of Panama Lane, east of South Union Avenue, Lennar Homes was required to install
the "backbone" sewer system. The necessary work has been completed and Lennar is now
requesting reimbursement. Payment will be made from fees collected from the Panama and Union
Planned Sewer Area.
Item 14bb. Apreements for PreDaration of an Environmental Impact ReDort for a . General Plan
Amendment and Zone Chanae for the SR99/Hoskina CQmmerci,1 Center Locat,d alona the East
Side of State Route 99. between H9skinQ Avenue and Berkshire Road. west of South H Street.
Woodmont Bakersfield, L.P. is proposing the development of commercial on 93 acres located east
of State Route 99, between Hosking Avenue and Berkshire Road, west of South H Street. The
first agreement acknowledges t!1atWoodmont Bakersfield, L.P. will pay for all costs associated
with the preparation of the EIR. The total cost of the EIR is $215,639, which consists of $162,134
for the consulting services (Jones and Stokes Associates, Inc.) and $53,505 to reimburse the City
for its costs and staff time in managing the project. The second agreement sets forth the scope of
services for the preparation of an EIR by.
Items 4cc. and 4dd. Amendments to Aareements with Mich~el. Brandman and Associates for
PreDaration of EnvironmentallmDact ReDorts for General Plan Amendments and Zone Chanaes.
The first project is known as West Ming and is located west of Buena Vista Road and South Allen
Road, to the West Beltway, and between Ming Avenue (extended) to Pacheco Road. The amount
of this Amendment is $169,062, which will be appropriated from the developer's contribution. An
item requesting approval of this EIR will be considered by Council later in the meeting.
The second project is known as The Canyons and is. generally located south of Hart Park and
Alfred Harrell Highway. The amount of this Amendment is $160,557, which will be appropriated
from the developer's contribution.
No City funding is required for either contract. As with all EIRs, the funds to pay the consultant
costs, and staff's time and materials to process the EIR, come from project applicants.
August 15, 2007 Agenda Highlights
Page 2
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Bids
Item 400. Award Contract to Kiewit Pacific Comoanv for Construction Services to Uocrade and
Exoand Wastewater Treatment Plant 3 in the amount of5211.021.000. For a project of this size, a
three month bidding phase was implemented, 31 contractors were formally notified, and the project
was advertised in multiple newspapers. Two pre-bid meetings were held, with 16 contractors
attending the first pre-bid meeting and 22 attending the second. The purpose of the meetings was
to allow the contractors to fully understand the scope of the work, meet the representatives from
the City, get a first hand look at the construction site, and allow for any questions concerning the
scope of work or the City's contractual policies. Additionally, a Request for Information process
was used. to allow the contractors to fax in questions, which provided a higher level of
understanding to the contractors and a more competitive bid. Two acceptable bids were received.
Staff recommends awarding the contract to Kiewit Pacific Company, the low bidder.
Item 4qq. Award Contract to Securitv Pavinc Comoanv.lnc. to Construqt the State Route 178 and
Fairfax Road Interchance Proiect in the amount of 528.929.446.10.. This Is the first project with
Thomas Roads Improvement Funds to advance the construction phase. This long-awaited
project consists, in general, of construction of a freeway interchange on State Route 178 (SR-178)
at Fairfax Road. This includes the extension of the freeway from 0.19 miles west of Morning Drive
to approximately 0.12 miles east of Oswell Street. SR-178 will be built at a grade approximately 16
feet lower than currently exists, and a bridge will be constructed for Fairfax Road to cross over SR-
178. After construction is complete, the interchange area will be landscaped. Much of the time
during construction, Fairfax Road will be closed either to the north or south of SR-178.
Construction is anticipated to begin towards the end of September, 2007.
The project also includes the construction. of a new sound wall north of SR-178 between Fairfax
Road and Oswell Street. The City will be offering a voluntary video inspection of homes and
properties adjacent to the new sound wall before construction begins. This service will be provided
to the home owner at no charge, and will help identify any property damage that may occur during
construction. Six acceptable bids were received, Staff recommends awarding the contract to
Security Paving Company, Inc. .
Item 4ss. Award Contract to Klas,en Corooration to Construqt Saunders Park Recreation Facilitv
in the amount of 5724.321. This multiuse recreation facility was first authorized in the FY 2006-07
Capital Improvement Program, with additional funding inFY 2007-08. A building to facilitate roller
hockey, basketball and indoor soaper will be constructed. A donated rink for the above recreational
activities will be installed including flooring, batter boards, plexl-glass shields and electronic
scoreboards. Three acceptable bids were received. Staff recommends awarding the contract to
Klassen Corporation.
Miscellaneous
Items 4ww. Transfer 51.200;000 from Develooer CQntriQutions within the Park Imorovement
Fun~ to :8 Reqgl~9n an~ ~~Qwtment C;l!Prtgll",D~~nt Budq~ for Dev810Dmenj of
Gre_ston_ Park Located aUhe~Quthwest Comer of Mountain Vi,1, Drive and Harris Road. Due to
a significant slow-down in the housing market, a developer agreement was not possible; therefore,
the Park will be funded through the Capital Improvement Program. Funds were budgeted in FY
2006-07 in the developer contribution account within the Park Improvement Fund. Council
approval is needed to transfer the funds.
Item 4xx. Assessment District and Related Public Financinc Authoritv (PFA) Bond Call. Various
bond calls are scheduled for september, 2007. This action aligns the budget to maintain
compliance with fiduciary responsibilities. Staff recommends appropriating $808,456 fund
balances to operating budgets within various special assessment funds and PFA debt service
funds.
August 15, 2007 Agenda Highlights
Page 3
~
Items 4yy. and zz. City's Position on 2007 Leaaue of California Cities Resolutions and
Aooointment of Votina Deleaate and Alternate for the 2007 Annual Conference. The resolutions
will provide important policy guidance for the League during the upcoming year. The City Manager
and City Attorney recommend support for the four resolutions noted in the administrative report.
Council is asked to give approval and direction to the voting delegate, Rhonda Smiley, who, along
with the alternate, Pam McCarthy, was recommended by the Legislative and Litigation Committee
at their July 16, 2007 meeting. . .
CLOSED SESSION
There will be a conference with legal counsel regarding three cases of existing litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
HEARINGS
Item 14a. Public Hearina to 90nsider, Resolution Denvina th~ Aooeal bv Jason's Retreat and J.
McFadden Rentals (ProoertvOWn~r) of the Board of Zonina Adiustment's Decision Denvina a
Reauest to Reduce the Reauir~d Off-Street Parkina f9r a 26-Person Resid,ntial Fa9i1itv with 2
Emclovees from 22 Soaces to 2 Soaces in a C-1 (NeighQorhood Commercial) ZOnE~ District located
at 2000 Baker Street. On June 21, 2007, the Board of Zoning Adjustment (BZA) considered a
request to reduce required off-street parking for the residential facility. Prior to the hearing,
correspondence was received from area business owners objecting to the request. Public
statements in opposition were made during the hearing, also.
During the BZA hearing, a representative for the property owner, Jonathan Hudson, stated that
after becoming aware of staff's recommendations for alley improvements, they would like to modify
their proposal. Subsequent discussion surrounding conditions of approval related to alley
improvements and the location of proposed parking both on-site and off-site were different from the
applicant's proposal and staff's recommendation. No agreement between the BZA and the
applicant could be reached. The proposed modification was denied by the BZA by operation of law
as a result of. the failure of a motion to approve the project as. originally proposed, subject to
conditions of approval. The applicant and property owner filed an appeal. Staff recommends
continuing the matter to the August 29, 2007 Council meeting to aUow for further discussion as
Councilmember Benham who represents thi~ area will not be present on August 15th.
Item 14b. General Plan Amendment and Zone ChanQe on 244.Acres Bounded bv Taft Hiahwav
(State Route 119) on theSo'tth. A~he Road on the East.c:;o,fQrd. Road on the West. and
Wastewater Treatment Pla",t NQ. 3 on the North. lB.kersfielsiSoorts Vlllaael. The City is
proposing an amendment to. the Land Use Element of the Metropolitan General Plan and an
accompanying Zone Change to accommodate the development .of the 244-acre Bakersfield Sports
Village Project. The recreational component of the project consists of fields for organized sporting
events, a community center with indoor sports and meeting facilities; passive recreational
amenities; multi-purpose trails; venue parking; concession areas; picnic areas; restrooms; a lake
(which will serve as a storm drainage facility); and on-site offices for facility staff. In addition, two
sites totaling 37 acres are proposed for commercial development and 22 acres are proposed for a
City corporation yard annex, police substation, fire station, and additional City facilities and offices
to support the various uses of the site.
Staff conducted an initial study and it was determined that the project could have a significant
environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Planning
Commission and staff conducted several hearings on the EIR and the Final EIR was
recommended for certification on July 5, 2007. The Planning Commission. also recommended
August 15, 2007 Agenda Highlights
Page 4
approval of the GPA and Zone Change on this date. No individuals or agencies present at the
hearing opposed the request and the applicant agreed to all conditions and mitigation for the
project.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the Uniform Building Codes,
project related aesthetics (cumulative light and glare impacts), air quality (cumulative impacts),
noise (project mobile noise impacts), and traffic/access (cumulative impacts), impacts would
remain significant. Staff and the Planning Commission recommend certification of the Final EIR
. and accompanying mitigation monitoring and reporting program, the adoption of CECA findings,
and a statement of overriding considerations.
Item 14c. General Plan Amendment. Soecific Plan. Zone Chanae and DeveloDment Aareement
with C~tle and Cooke California. Inc.. the Prooertv Owner. for the West Mine Proiect on 2.184
Acres _enerallv Located between Mine Avenue (extenged) and the Southern Pacific Railroad.
Buena Vista Road and future West Beltwav~ The West Ming project was considered by Council in
early 2007, but was continued to this GPA cycle at the request of the applicant to allow time for
recirculation of the EIR. The EIR was recirculated due to comments submitted by the City of
Shatter either shortly before or on the date of the previously scheduled public hearings.
Responses to.concerns raised in those comments.are attached to the administrative report. Staff
continues to recommend adoption of the Resolutions certifying the EIR, GPA, West Ming Specific
Plan and Specific Plan Zoning, and to give first reading to the Ordinance approving the
Development Agreement.
We received a document dump from the Kern County Planning Department on Thursday, August
9th regarding this project. We expect another from Shatter at the Council meeting. Editorial
comments seem unnecessary.
Approved:
John W. Stinson, f\ &~
Assistant City Manager ~
cc: Department Heads
Rhonda Smiley, Public Infonnation Officer
City Manager's File
City Clerk's Office
News Media File
August 15, 2007 Agenda Highlights
Page 5
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~ .(l.
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEA~ '-. A't
CITY ATTORNEY
CITY MANAGER (j&"J7
SUBJECT: Approval of minutes of the July 18, 2007 Regular Council Meeting and the July 11, 2007
Special Council Meeting.
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
June 27, 2007
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: August 15,2007
AGENDA SECTION: Consent Calendar
ITEM: Y.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
August 02, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
~
SUBJECT: Approval of department payments from July 07, 2007 to August 02, 2007 in the amount of
$31,129,072.68 and self insurance payments from July 07,2007 to August 02,2007 in the
amount of $1,572,274.59.
RECOMMENDATION:
Staff recommends approval of payments totaling $32,701,347.27.
BACKGROUND:
RAR
August 2.2007, 4:13PM
S:\Richard\AP\ADMIN-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\.c .
July 16, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
vb-
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((1/57
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
SUBJECT: 1. Ordinances amending Bakersfield Municipal Code ("BMC") Section 5.16.030
relating to Cardrooms; BMC Section 5.23.030 relating to Escort Bureaus; BMC Section
12.16.140 relating to Construction Work in Streets and BMC Section 12.56.050 related to
Parks; and
2. Ordinances repealing Bakersfield Municipal Code ("BMC") Section 2.52 relating to
Bakersfield Convention Center; BMC Section 9.32 relating to Advertising Matter and
Samples; and, BMC Section 12.24 relating to Loose Material.
RECOMMENDATION:
Staff recommends First Reading of all proposed ordinance revisions.
BACKGROUND:
From time to time, City Staff identifies sections within our Bakersfield Municipal Code that should
be revised to clarify language, remove ambiguity, reflect what is actually being done, and/or to correct
typographical errors. Rather than propose each ordinance revision when discovered, the City Attorney
keeps track of the suggested changes and then gathers them together for presentation to the City Council
as part of a general "clean-up."
1. The first two ordinance amendments involve deleting language regarding the taking of
fingerprints by the Bakersfield Police Department. The Department no longer takes fingerprints.
The third ordinance revision reduces the bond warranty period of 12 years from the recordation of
the notice of completion for work done in city streets to one year. The Public Works Department has
indicated that a one-year warranty period is consistent with all other projects. The fourth revision adds
launching rocket devices and possessing open alcohol containers to the list of acts prohibited in parks.
2. The first item involves repeal of the chapter relating to the Bakersfield Convention Center.
Since the Convention Center is now managed by SMG, all of the language in Chapter 2.52 is obsolete.
The second and third items concern chapters which were supposed to be repealed in 1986. When
the City Council adopted Ordinance No. 3070 N.S. in 1986, the title of that ordinance indicated that
Chapters 9.32 and 12.24 were to be repealed. However, the actual ordinance did not contain any
language repealing the chapters. The subject matter of those Chapters is covered elsewhere in the code,
so these chapters are repetitious.
VG:JS:dll
July 19, 2007, 9:08AM
S:ICQUNCILlAdminsI07-08 AdminslCleanup of Ordinances.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~ .A
July 20, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
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TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: First reading of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 124-08) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from R-S (Residential Suburban) to E (Estate One Family Dwelling)
on 1.83 acres generally located on the west side of Cottonwood Road, south of Casa
Lorna Drive. (ZC 06-1909 - Jimmy Crompton, applicant and property owner). 0Nard 1)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
The proposal would allow for the development of four single-family residential dwelling units on the 1.83
acre project site.
The Planning Commission conducted a publiC hearing on this zone change and recommended approval to
the City Council on July 5, 2007. No one present at the hearing was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to
the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 16. 2007, in
accordance with CECA.
JS:MG
S:\ZoneChange\yr 2007\06-1909\CC\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. e.,.
July 20, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
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TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No.1 01-34) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from E (Estate) to G-1/P.C.D. (Neighborhood Commercial/Planned
Commercial Development) zone on 2.98 acres located on the southwest corner of Renfro
Road and future Brimhall Road. (ZC #07-0768 - Porter-Robertson Engineering,
representing Froehlich Inc.) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 18, 2007.
On June 7, 2007, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council. The zone change request consists of changing the
zoning from E (Estate) zone to a C-1/P.C.D. (Neighborhood Commercial/Planned Commercial
Development) zone on 2.98 acres. The reason for the request is to bring the zoning into conformance with
the GC (General Commercial) General Plan land Use designation on the subject property. The site is
currently undeveloped and is an orchard. The site is proposed for development of single family residential
uses.
Two people spoke in opposition to the project. Their concerns were increased traffic and the safety of
children crossing Renfro Road at Brimhall Road to access the commercial development.
The area under consideration had a zone change approved by Kern County Board Supervisors on
October 28, 2003 from E to C-1/P.D. (Neighborhood Commercial/Precise Development). However,
during the annexation process to the City of Bakersfield, approved on February 15, 2007, a pre-zoning
designation of E was given to the project site in error. This current zone change request allows the
project site the zoning that was previously approved by Kern County.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Elisheva S:\Dana\ADMINS\2007\Aug\8-15-0768 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lf :F-.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD :x;--
DATE: July 19, 2007 CITY ATTORNEY ;2fn4
CITY MANAGER rfl..JS
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zoning Map No. 102-31 and
102-32) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on 5.02 acres, and
from R-1 (One-Family Dwelling) to C-2 (Regional Commercial) on 0.47 acres for
purposes of commercial development, located at the southeast comer of Calloway Drive
and Brimhall Road (ZC # 06-1660 - M.S. Walker & Associates, Inc. representing
Bakersfield Center Limited, LLC) (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 18, 2007.
On June 7, 2007, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on 5.02
acres, and from R-1 (One-Family Dwelling) to C-2 (Regional Commercial) on 0.47 acres for purposes of
commercial development. The site is designated GC (General Commercial) under the Metropolitan
Bakersfield General Plan. No one spoke in opposition to the project at the Planning Commission
hearing.
The easterly 30 feet of the project site is currently zoned R-1{One-Family Dwelling), is described as Lot
C of Tract No. 5770, and is also an abandoned portion of the eastern half of a private road, Gondola
Drive. Tract No. 5770 is now a well established subdivision with single family residences, with the
exception of Lot C, which appears to have been intentionally excluded from the buildable portion of
Tract 5770. Due to it's compatibility with the proposed commercial uses on the project site, this lot is
included with the current zone change request in order to bring the entire project site's zoning into
consistency. Approval of the proposed zone change combined with the existing property already zoned
C-2 will result in 6 acres of property zoned C-2.
Prepared by KShea S:\DanaIADMINS\2007\Aug\8-15-1660 2.Doc
ADMINISTRATIVE REPORT
The site is currently under construction in accordance with the approved Site Plan Review No. 05-1344.
The purpose for the proposed zone change is to facilitate the future commercial development and to
create C-2 zoning for the entire project site in order to eliminate the split zoning on the property. The
applicant states that C-2 zoning will allow the three proposed restaurants proposed on-site to serve
alcohol and provide outdoor seating. No drive-thrus are proposed, no structural changes will occur to
any of the buildings, and the entire project area will remain in compliance with the approved Site Plan
Review No. 05-1344. Additionally, the applicant desires the entire shopping center to have consistent
zoning to facilitate a future refinancing.
On December 6,2005, Site Plan Review No. 05-1344 (Exhibit E) was approved for the project site. The
adopted Negative Declaration for Site Plan Review No. 05-1344 evaluated the construction of a 63,228
square-foot mixed use retail and office center on approximately 6 net acres. In accordance with CEQA
Section 15162, no further environmental documentation is necessary because there are no substantial
changes in circumstances under which the project will be undertaken and no new environmental
impacts have been identified. The Negative Declaration adopted for Site Plan Review No. 05-1344
considered the environmental impacts of the commercial shopping center development of the site.
Staff recommends approval of the zone change.
Prepared by KShea S:\Dana\ADMINS\2007\Aug\8-15-1660 2.Doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: t{ .0..
,j
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/YZ/
~
(fLJ7
August 2, 2007
SUBJECT: Streetscape Improvements, 34th Street from "a" Street to Union Avenue (Ward 2)
1. Resolution authorizing the Public Works Director or his designee to apply for and
to execute a Program Supplement Agreement with California Department of
Transportation to receive Transportation Enhancement Activities (TEA) funding
for said project in the amount of $561 ,000.
2. Authorize Economic and Community Development Department to form a
Maintenance District for this project.
RECOMMENDATION: Staff recommends approval of Resolution and formation of Maintenance
District.
BACKGROUND: The City Council has previously established the 34th Street Streetscape project as a
Council Goal. The first phase of the project will construct landscaped median islands from "a" Street to
Union Avenue.
With this TEA funding and the current funding available in the Capital Improvement Programs budget
for this project, construction can begin in the current fiscal year.
PW-ENGRlwgm
August 2, 2007, 1:04PM
G:\GROUPDAT\ADMINRPT\2007\08-15\Streetscape Improvements, 34th Street, Project No. T7K121.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent
ITEM 4.h.
July 20, 2007
/1/
CITY ATTORNEY I
CITY MANAGER ((lJ7
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley G. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and demolishment of dangerous buildings, authorize collection of
the assessments by the Kern County Tax Collector.
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on July 9,2007, by the Assistant City Manager and
all proposed charges were confirmed. The subject properties listed below were in violation of Chapter
8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and
waste matter. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance. The subject properties are
listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 1201 6th Street 009-440-24 $ 811 .00
2. 811 Casino Street 170-231-15 $ 270.00
3. 410 Real Road 020-150-29 $ 1,142.00
4. 527 Villa Street 139-252-15 $ 295.00
5. 206 Wood Street 139-322-16 $ 745.00
July 20, 2007, 10:02AM
P:\ASSESSMENTS\admin aug 15.doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION APN COST
Ward 2/Councilmember Sue Benham
6. 1319 E. 19th Street 017 -200-05 $ 289.00
7. Lot South of 900 E. 21 st Street 017-130-15 $ 445.00
8. 811 28th Street 002-104-02 $ 525.00
9. 241 Flower Street 012-231-01 $ 545.00
10. 524 Homaker Place 002-112-30 $ 761.91
11. 3815 K Street 120-060-08 $ 1,065.00
12. 1417 King Street 013-260-16 $ 395.00
13. 212 Lake Street 014-180-22 $ 1,345.00
14. 1312 Pacific Street 015-050-13 $ 620.00
15. 3200 a Street 002-051-04 $ 345.00
16. Lot next to 907 Sacramento Street 014-350-18 $ 645.00
17. Lot West of 900 Tulare Street 014-350-12 $ 1,145.00
PROPERTY LOCATION APN COST
Ward 6/Jackie Sullivan
18. 4704 Gardenwood Lane 403-251-12 $ 445.00
19. 5621 Greenhorn Mountain Court 498-283-06 $ 614.08
PROPERTY LOCATION APN COST
Ward 7/Zack Scrivner
20. 2605 Echo Avenue 023-093-05 $ 520.00
21. 4908 Elysium Street 372-031-08 $ 333.00
22. 2433 Hosking Road 514-030-02 $ 2,122.97
23. 1420 Kristina Court 148-300-13 $ 745.00
24. 3304 Loyalton Avenue 371-452-08 $ 393.09
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
July 20, 2007, 10:02AM
P:\ASSESSMENTS\admin aug 15.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: '4. (.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY
July 20, 2007
CITY MANAGER
<fW7
SUBJECT: Resolution approving an application proposing proceeding for annexation of
uninhabited territory to the City identified as Annexation No. 574 consisting of 139.89
acres located south of Seventh Standard Road, east of Allen Road, north of Snow
Road. (Ward 4).
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City
of Bakersfield. The proposed annexation identified as Annexation No. 574 consists of 139.89 acres
of land. The property owner has consented to annexation. The proposal is to annex the land for
development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of
Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft - 574 Ann.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.\.'\.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ~
/ /1/
CITY ATTORNEY /0'110
,
CITY MANAGER (\1U7
July 25, 2007
SUBJECT: Resolution approving an application proposing proceedings for annexation of
inhabited territory to the City identified as Annexation No. 590 consisting of 83.30
acres located east and west of South Union Avenue, between Berkshire Road and
Hosking Avenue. (Wards 1 and/or 7)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In order to comply with the city's annexation policy, the City of Bakersfield held a neighborhood
meeting on May 24, 2007, at the Golden Valley High School library, for the property
owners/residents of the Union 14 area, which would be a county island should the area known as
Hosking No. 10 be annexed.
There were 12 owners/residents in attendance at the May 24, 2007, neighborhood meeting; also
in attendance were city staff, county staff, City Councilwoman Irma Carson and LAFCO
Commissioner Stuart Baugher. Of the owners/residents in attendance there were two owners that
wanted to annex to the City. The others were skeptical that sewer would be available in a timely
manner and struggled with the costs associated with putting a sewer line in. City staff stated that
they are working with the developer of the nearby area including the Hosking No. 10 area, to
install sewers and abandon their septic systems at no cost to the residents if they were to annex
to the City. This is still being worked on and would need City approval prior to final commitment.
The developer sent a letter on May 30, 2007, to the ownerslresidents of the area which stated this
information. Staff has since received information that some of the owners at the neighborhood
meeting have changed their mind and support the annexation.
Per the city's annexation policy, the City sent out to the owners/residents of the area a self-
addressed post cards for them to return stating whether they want to be annexed to not. The
response to date is as follows:
Support = 13
Opposed = 6
or 67% of the responses
or 33% of the responses
ADMINISTRATIVE REPORT
Page 2
City staff received a letter of support for the annexation from the Greenfield School District. The
Greenfield School District is in negotiations to purchase a property within the annexation area.
The letter is attached.
This resolution of application proposes proceedings for annexation of inhabited territory to the City
of Bakersfield. The proposed annexation identified as Annexation No. 590 consists of 83.30
acres of land and is located along the east and west sides of South Union Avenue, between
Berkshire Road and Hosking Avenue.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The site will include a developed community church, commercial/industrial uses, and several
single family homes. The proposal is to annex the land to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited land and Residential Development."
MO:JWS:JDM:dc
S:\Annexation\Res of Applic\Admin Draft 590.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.K.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD Ch1~ '*" L/f-
CITY ATTORNEf /JtiJ4
CITY MANAGER 6lV7
August 1, 2007
SUBJECT: Agreements for Sewer Connection and Construction Fees for the McDonald Area Sewer
Project. (Ward 1):
1. Resolution confirming assessments for sewer connection fee including the construction
fee and authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreements to pay sewer connection and construction fee in installments and notice of
special assessment lien with:
a. Cornell M. & Alissa M. Jenkins for 26 N. Stine Road.
b. Cornell M. & Alissa M. Jenkins for 100 N. Stine Road.
c. Cornell M. & Alissa M. Jenkins for 200 N. Stine Road.
d. Cornell M. & Alissa M. Jenkins for 204 N. Stine Road.
e. Cinnamon R. Grays for 14 Candy Street.
f. Cinnamon R. Grays for 19 Candy Street.
g. Carolyn L. Howerton & Mary L. Harries for Harries Family Trust for
116 N. McDonald Way.
h. Perry P. & Carolyn M. Fox for 14 N. McDonald Way.
i. Denise Moore for 5 Dunlap Street.
j. Marisa Bermudez for 137 Candy Street.
k. Marisa Bermudez for 149 N. Stine Road.
I. William & Jasmine Reed for 4204 Joseph Drive.
m. Jason R. & Jennifer L. Topliss for 133 Suzanne Street.
n. Genaro C. Garza for 120 Morrison Street.
o. Laura E. Carrillo for 15 Suzanne Street.
p. Ty & Kristen Harris for 136 N. McDonald Way.
q. Sachiko Thomas for 109 Candy Street.
S:\PROJECTS\SewerConFee\Admin\8-15-07 McDonald Adm.doc
August 3, 2007, 8:42AM
ADMINISTRATIVE REPORT
r. Sylvia Ann Burciaga for 120 Candy Street.
s. Kevin D. & Eilene R. Lykins for 113 Suzanne Street.
t. Cheryl Ann Hyde Reid for 128 Dunlap Street.
u. Delroy Sr. & Jeanette Madkins for 148 Suzanne Street.
v. Mike Jr. & Sue A. Ortega for 101 Suzanne Street.
w. Mark Richard Hershey for 105 N. McDonald Way.
x. Fernando Leal for 152 N. Stine Road.
y. Larry & Laura Banks for 145 N. McDonald Way.
z. Carolyn Marie Goen for 13 Dunlap Street.
aa. Arturo O. & Maria R. Lozano for 121 Dunlap Street.
bb. Anna Maria R. Hart for 109 Suzanne Street.
cc. Lorena Alvarez for 14 Dunlap Street.
dd. Robert B. & Loretta L. Ivester for 144 N. McDonald Way.
ee. Eddie L. & Debra Ann Ramey for 4404 Joseph Drive.
ff. Jessica Arlette Lopez for 137 N. Stine Road.
gg. Jann H. & James P. Kays for 133 Morrison Street.
hh. Leonard A. Welte for 4212 Joseph Drive.
ii. Heath D. Loper for 160 N. Stine Road.
jj. Eric Brian Stratton for 15 N. Stine Road.
kk. Abraham & Sherry Ann Barreras for 101 Candy Street.
II. Reece Family Trust for 133 N. McDonald Way.
mm. Mary Louise Wiley for 22 Morrison Street.
nn. Lifquist Revocable Living Trust for 14 N. Stine Road.
00. Jaqueline Perez for 136 Morrison Street.
pp. Nelson Iglesias for 30 N. Stine Road.
qq. Steven C. & Debra L. Stansbury for 165 N. McDonald Way.
rr. Lucio Garcia for 113 Candy Street.
ss. Irene R. Cope Survivor Trust for 25 Morrison Street.
tt. Lynn C. Gray for 4412 Joseph Drive.
uu. Jose L. Blanco for 128 Morrison Street.
w. Leo Blanco for 112 N. McDonald Way.
S:\PROJECTS\SewerConFee\Admin\8-15-07 McDonald Adm.doc
August 3, 2007, 8:42AM
ADMINISTRATIVE REPORT
ww. Lee W. & Darlene L. Spencer for 117 Suzanne Street.
xx. Darrel R. & Judy D. Sargent for 149 N. McDonald Way
yy. Lowell Family Trust for 4120 Joseph Drive.
zz. Cesar & Irma Lopez for 1 Suzanne Street.
aaa. Hermelindo & Liduvina Lozano for 11 Suzanne Street.
bbb. Chad & Jamie Riley for 104 Suzanne Street.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreements.
BACKGROUND: The owner's of the property shown above desire to connect their property to the City
sewer system. The property owner's claim that to pay the sewer connection and construction fee in one
payment would produce an economic hardship. To assist in paying the connection and construction fee
the City has contracted with the property owners to spread the connection and construction fee over a five
(5) year period to be collected with their property taxes in accordance with Municipal Code Section
14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern
County Tax Collector to collect the connection and construction cost in five equal payments over the next
five years.
S:\PROJECTS\SewerConFee\Admin\8-15-07 McDonald Adm.doc
August 3, 2007, 8:42AM
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\. ( .
July 19, 2007
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY ~
CITY MANAGER 67iTS
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
SUBJECT: Resolution adding the following territory 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. rNard 3)
1. Area 4-47 (Alfred Harrell, Lake Ming SE)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On July 18, 2007 the Council adopted Resolution of Intention No. 1546 to add the
above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal
Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and
street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned
the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating 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.
Aug15_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\ . m.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 30, 2007
<rlJ?
SUBJECT: Resolution of Intention No. 1547 to add territory, Area 1-70 (Calloway, Brimhall 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 owner of Parcel
Map Waiver No. 07-0292 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping. Area 1-70 is generally bounded by Brimhall Road on the north, a line
approximately 670 feet east of Calloway Drive on the east, a line approximately 670 feet south of Brimhall
Road on the south and Calloway Drive on the west. This area will be under the streetscape zone of
benefit and will be assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map waiver. A copy of this covenant is attached for reference.
mr
July 30, 2007, 2:12PM
MD1-70Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.\.n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ;fL
CITY ATTORNEY !3JnJ
.
July 30, 2007
CITY MANAGER ~
SUBJECT: Resolution of Intention No. 1548 to add territory, Area 1-72 (7th Standard, Jewetta SE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6766 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-72 is generally bounded by 7th Standard Road on the north, the Friant-Kern
Canal on the east, a line approximately 2,640 feet south of th Standard Road on the south and Jewetta
Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned an
appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
July 30,2007, 1:33PM
MD1-72Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: l..\. o.
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER cfl.o7
SUBJECT: Resolution of Intention No. 1549 to add territory, Area 3-72 (Gosford, McKee SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
FROM:
DATE:
Raul M. Rojas, Public Works Director
July 30, 2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6859 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 3-72 is generally bounded by McKee Road on the north,
Gosford Road on the east, a line approximately 1,320 feet south of McKee Road on the south and the
Sunset Railroad 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
July 30,2007, 2:50PM
MD3-72Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manager ~
August 3, 2007
APPROVED
DEPARTMENTHEAD~"~
CITY ATTORNEY ~
CITY MANAGER 0W7
SUBJECT: New Job Specification and Change to Salary Schedule:
1) Amendment No. 9 to Resolution No.049-06 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits for Assistant Code Enforcement Officer.
2) New Job Specification: Assistant Code Enforcement Officer #27240
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the new job specification.
BACKGROUND:
The Development Services Director has requested the creation of the Assistant Code Enforcement Officer
classification for the Code Enforcement Division of the Development Services Department. The Assistant
Code Enforcement Officer's are needed to provide support to the Code Enforcement Officer 1111's to enable
them to spend more time in the field. This will allow the Code Enforcement Officer 1111's to be more
efficient with each case and the ability to handle more cases. This position will afford the opportunity to
train future Code Enforcement Officers at the same time increasing the efficiency of the Code
Enforcement section.
The new job specification was presented and approved by the Miscellaneous Civil Service Board at their
July 17, 2007 meeting.
S:lAdmin Reports - 2007IAssistant Code Enforcement OfficerlAdmin Report-Assistant Code Enforcement Officer. doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: '1.c:j.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD-p'1 ,il
CITY ATTORNEY I)~
CITY MANAGER (fl.J7
Dianne Hoover, Director of Recreation & Parks
July 20,2007
SUBJECT: Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball for officiating services
for the city adult softball program in an amount not to exceed $45,900.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City requires sports officiating services for its city-wide softball program, which has three seasons
during the fiscal year. This agreement with Kern County Slow-Pitch Softball is to provide one umpire per
game for all three seasons of men's slow-pitch, co-recreational slow-pitch, playoff, and tournament softball
games. Kern County Slow-Pitch Softball is paid $18.00 per game with the total not to exceed $45,000.00.
This agreement also calls for Mr. Maharrey to evaluate and place city teams in the respective divisions for
league play in the amount of $300 per season/league with the total amount not to exceed $900.
The City Adult Softball Program generates approximately $130,000 in revenue annually. The total
agreement does not exceed $45,900.
July 19, 2007, 3:12PM:tge
S:\Recreation\Sports\Contracts\2007 Contracts\Kern Slo-Pitch Officials Admin 07.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1..\,.".
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 11, 2007
SUBJECT: Agreement with the law Offices of Hanna, Brophy, Maclean, McAleer & Jensen for Workers'
Compensation legal Services in the amount not to exceed $125,000 for a twelve month period
to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In March of 2004 the City Council approved an agreement with the Law Offices of Hanna, Brophy,
MacLean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers'
compensation claims litigation. As Hanna & Brophy specializes in the defense of workers' compensation
claims they are able to provide a high level of expertise that is very beneficial to the City.
During the past year Hanna & Brophy has been successful in handling and concluding litigated
workers' compensation claims, which has resulted in cost and efficiency savings to the City.
Hanna & Brophy's rates of $135 per hour are the same as last year's rate and are very reasonable
relative to customary workers' compensation attorney's hourly rates. As with the prior year, the terms of
the contract provide that the City will not be billed for internal costs, such as copy charges, legal research,
or clerical time.
The proposed contract is in an amount not to exceed $125,000 and covers a twelve month period
and will cover all of the City's workers' compensation litigation. This contract amount matches the
anticipated legal costs and is based on actual expenditures from the prior period.
RAK
July 11, 2007, 9:50AM
S:\Ralph\Contracts\Hanna-brophy admin rpt06.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.5.
TO:
Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
i{( /
LIhrt4
01J7
July 10, 2007
SUBJECT: Design Consultant Agreement with RJC Inc. ($54,957.00) for design of drive entrances and
parking lot remodel for United States Postal Service regarding State Route 178 and Fairfax
Interchange Project. (Ward 3)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield will be constructing a new interchange at State Route 178 and Fairfax Road, along
with improvements to SR 178. This will require a number of improvements to the intersection of Fairfax
Road and Auburn Street to handle the future traffic flows of the improved freeway. One of the
improvements will be on/off ramps directly across from the postal facility on Auburn Street. Caltrans
requires that access rights be restricted adjacent to and directly across from anyon/off ramps to prevent
dangerous traffic conflicts. This will require the current main drive entrance for the Postal Facility on
Auburn Street to be closed when the on/off ramps are constructed.
The City has negotiated with the United States Postal Service (USPS) to provide a new entrance for their
facility on Auburn Oaks Drive. The City has purchased approximately 4,100 square feet of property
adjacent to the Postal Facility to provide a new entrance. New drive entrances must be constructed and
the parking lot remodeled in order to facilitate the USPS operations due the future closure of their main
entrance on Auburn Street. The City will also be responsible for constructing the new entrances and
additional on and off-site improvements in accordance with USPS facility guidelines.
Due to the specialized nature of the postal facility and federal approval layers, the City needs to hire an
architect/engineer firm with experience in dealing with the Federal Postal System and their facilities, in
order to move the project through design, approvals and construction.
R:\User_Projects\Finance\PropertLManagement\cwebb\SR 178 & Fairfax\Post Office\Council Admin report - RJC Inc - Design Consult Agmt.doc
7/10/20072:16 PM
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.+.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
v&
t/~
((lV?
July 27, 2007
SUBJECT: Agreement with outside counsel, Clifford & Brown, for legal services in the matter of Robert
Pratt v. City of Bakersfield, et ai, KCSC Case No. S-1500 CV-253264-RJA; Robbie Pratt v.
Alan Tandy, et ai, Kern County Superior Court Case No. S-1500-CV-256401; and, Robert
Pratt v. City of Bakersfield, et ai, Kern County Superior Court Case No. S-1500-CV-259414-
AEW 257620-SPC, in an amount of $125,000.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Clifford and Brown have been defending the City in the following "Pratt matters" since September
10,2004.
On July 8, 2004, Mr. Pratt filed his first lawsuit against the City and various City Staff members
(Robert Pratt v. City of Bakersfield, et ai, KCSC Case No. S-1500-CV-253264). A trial date was set and
vacated. This lawsuit is still pending.
Also on July 8,2004, a second lawsuit which related to the first lawsuit was filed (Rochelle Scudder
v. City of Bakersfield, et ai, KCSC No. S-1500-CV-253265). It was dismissed on August 25, 2005, without
the City paying any settlement monies.
On September 9, 2005, Mr. Pratt filed a Writ of Mandate with the Kern County Superior Court
(Robbie Pratt v. Alan Tandy, et ai, KCSC No. S-1500-CV-256401). Court decisions in this lawsuit have
been in favor of the City and Mr. Pratt is contemplating an appeal. The Writ of Mandate decision has
implications in the first lawsuit.
On October 20, 2006, Mr. Pratt filed yet another lawsuit against the City (Robert Pratt v. City of
Bakersfield, et ai, KCSC No. S-1500-CV-259414). The Court is considering a request to consolidate this
lawsuit with the first lawsuit identified above (KCSC No. S-1500-CV-253264).
In addition to the lawsuits described above, continued litigation is expected. The City Attorney's
office would like Clifford & Brown to continue handling on-going and future "Pratt" matters. There were
three Amendments to the original contract for outside legal services for Pratt matters. At this time, and for
sake of simplicity, the City Attorney's office request that a new contract be executed for additional
compensation so that outside representation may continue. It should be noted that the City Attorney's
office has sufficient funds within its budget to accommodate this request.
GG:dll
S:ICQUNCILlAdminsI07..()8 AdminslAttyAgrClifford&Brown-Pratl.dot
July 31, 2007, 10:21AM
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: '-\ .lA. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD N..~
CITY ATTORNEY I/Cr--
CITY MANAGER <:fW?
July 23, 2007
SUBJECT: Agreement with Lennar Homes of California, Inc. to purchase real property located at the
northwest corner of Berkshire Road and Mountain Vista Drive for $169,950 for a water well
site. (Ward 5)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring two (2) single family lots to construct a domestic water well site. The
purchase price of $80,000 per lot represents the developer's cost to construct the lots to a finished lot
basis. The additional $9,950 is the cost to extend three-phase power to the site.
A Phase I Environmental Site Assessment has been completed by the Seller. Also, the Planning
Department been asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General
Plan.
July 23, 2007, 2:36PM
P:\MyFiles\Admin Reports\Lennar3.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: ,"",.v.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
August 2, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of MaintStar Work Order System for the Public Works Department:
1. Agreement with MaintStar Inc. ($377,500) to install, customize and provide support for
the MaintStar Work Order System for the Public Works Department.
2. Transfer $420,000 from Public Works Capital Improvement Project (Fleet Services
Building Remodel) to the Capital Improvement Budget within the Capital Outlay Fund to
fund this agreement.
RECOMMENDATION: Staff recommends approval of agreement and transfer.
BACKGROUND: There has been a need for all maintenance staff to track work completed in order to
provide records of completed work, discover repeated problem areas, and improve efficiency in time and
project management. Therefore, in 2004 Public Works and Parks staff began the search for a work order
system that would meet their needs. The goal was to find a program that would first meet the needs of
those inputting data, demonstrated by ease of use, quick inputting, and handle basic information first and
provide meaningful work orders to field employees. Secondarily the program needed to be capable of
providing meaningful repots with ease for supervisory and management staff. Five companies were invited
and made demonstrations to various staff members in 2004 and 2005. It was determined from those
demonstrations that either MaintStar or CityWorks would best suit our needs. In 2006, Staff from Public
Works and Parks then made site visits to four locations (two each) to review the actual use of these
systems. After these site visits it was determined that MaintStar met the desired needs.
Once fully implemented, the MaintStar system could be used to create work orders and track work in the
following areas: parks, median islands, streetscapes, graffiti, street lights, traffic signals, buildings
(maintenance, janitorial, electrical, HVAC, remodeling and roofs), street signs, street markings, airport,
street sweeping, street paving, pothole patching, sewer collection systems, sewer lift stations, storm drain
collection systems, and storm drain pump stations. It may be expanded to other areas of interest.
The $377,500 is the cost of the software, installation, configuration, training, maintenance for five years
and sales tax. Additional server hardware to run the system will be purchased separately at an estimated
cost of $40,000. Staff requests the transfer of $420,000 from a Capital Improvement Project (Fleet
Services Building Remodel) to fund this agreement. Due to technical issues, the Fleet Services Building
Remodel project has been deferred.
August 8, 2007, 3:56PM
Admin Report - Maintstar.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4 .w.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
lICED
fJ>>!A
cfLa7
July 6, 2007
SUBJECT: Assignment of Agreement No. 06-323 with Harry Hackner to John Mackessy for Ground
Lease of Hangar Space 0-3. (Ward 1)
RECOMMENDATION: Staff recommends approval of the Assignment of Ground Lease Agreement.
BACKGROUND: The Ground Lease Agreement for Hangar space 0-3 is currently with Harry
Hackney. Mr. Hackney desires to sell his hangar and assign his interest in the ground lease to John
Mackessy. The ground lease allows for this assignment and the $200.00 processing fee. The
assignment will transfer all
Terms of the ground lease to John Harmon, including the monthly rent of $60.00
elp
August 7, 2007, 8:56AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Admin. Report - Agrmnt 06-323 - Hangar 0-3 Harry Hackney.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ai.)(.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
August 7,2007
SUBJECT: Agreement with Federal Aviation Administration ($300/000) to Accept Grant Offer for
Infrastructure Improvements to Allow Further Hangar Development at the Airport.
(Ward 1)
RECOMMENDATION:
Staff recommends acceptance of the grant offer.
BACKGROUND: The FAA has established grants to assist airport operators in the maintenance and
development of their airports. These grant funds, ($300,000.00) for AlP Project No. 3-06-0323-14, will
be used to provide the design for infrastructure necessary to build additional hangars at the
Bakersfield Municipal Airport. All current spaces for hangar construction are leased and there are
currently 20 individuals on a waiting list to obtain ground leases for hangar construction. Development
of this area in the southwest corner of the airport will accommodate various size hangars to meet the
needs of aircraft owners. The scope of work includes an update to the Airport Layout Plan, Airport
Property Map and design of taxilane and apron expansion. A Consultant's Agreement with Mead &
Hunt, Inc. for design services was approved by City Council on
June 6,2007.
The project is funded 95% by the Federal Aviation Administration (FAA).
(bbu)
G:\GROUPDATlADMINRPT\2007\08-15\FAA Grant AlP 14.dot
8nt2007 10:12:37 AM
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\. '\J .
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD tL
CITY ATTORNEY ~~
CITY MANAGER <fW?
July 6, 2007
SUBJECT: Planned Sewer Area Reimbursement Agreement with Lennar Homes of California (not
to exceed $760,402) for installation of 4,808 linear feet of the "backbone" sewer system
within the Panama and Union Planned Sewer Area 0Nard 1)
RECOMMENDATION: Staff recommends approval of this agreement
BACKGROUND: Lennar Homes is developing Tentative Tract 6333 on the south side of Panama Lane
east of South Union Avenue. As a condition of approval for Tentative Tract 6333, Lennar Homes was
required to install the "backbone" system to provide sewer service to the Panama and Union Planned
Sewer Area. Lennar Homes has installed 2',590 linear feet of 12" sewer trunk line, 1,588 linear feet of 10"
sewer line, 630 linear feet of 8" sewer line, 14 manholes, and 1 lift station within the Panama and Union
Planned Sewer Area. Lennar Homes is requesting reimbursement for its costs of installing the above
noted sewer system. Reimbursement will be made from fees collected from the Panama and Union
Planned Sewer Area (Resolution No. 083-07) in the amount of $760,402 as noted in Exhibit "C."
phs
July 9, 2007, 3:24PM
G:\GROUPDA nADMINRPnADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15,2007
AGENDA SECTION: Consent Calendar
ITEM: L.{ .1-.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ()1.5'7
July 27,2007
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Centex Homes for Tract 6491
Phase 3 located North of Taft Highway (Hwy 119) East of Ashe Road. (Ward 6)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
July 27,2007, 9:49AM
G:\GROUPDA1\ADMINRPT\2007\08-15\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 61u?
SUBJECT: Contribution Agreements with Bakersfield Museum of Art and Bakersfield Symphony
FROM:
DATE:
John W. Stinson, Assistant City Manager
August 6, 2007
1. Contribution Agreement with the Bakersfield Museum of Art in the amount of
$27,500 for Fiscal Year 2007-08.
2. Contribution Agreement with the Bakersfield Symphony in the amount of $55,000
for Fiscal Year 2007-08.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: These agreements provide for payments to the Bakersfield Museum of Art and the
Bakersfield Symphony pursuant to funding approved by the City Council in the 2007-08 budget. The
contribution to the Museum of Art in the amount of $27,500 is in support of their visual arts outreach
through the Art Smart program; to expand the Museum on the Move mobile museum; for Senior
Wednesday programs; and, for the development of a new program for high school art students similar
to the successful Youth Leadership Bakersfield program. The contribution to the Symphony in the
amount of $55,000 is for their use of the Rabobank Theater or Bright House Amphitheater for concerts.
The agreement terms are the same as last years contracts. These contracts increase the amount from
last year's contributions by 10% and reflect anticipated increases in costs to provide these services that
will be incurred by these groups. The City's contributions to these groups have not exceeded the
amounts they received since FY 2002-03.
The City has made previous contributions to the Museum of Art and the Symphony and these groups
were included in the Council policy regarding requests for financial assistance, as organizations that
had an ongoing relationship with the City and could be considered for funding as part of the City budget
process, based on available funding and subject to City Council review and approval. Staff has met
with representatives of both groups and recommends approval of the agreements.
August 6,2007, 2:19PM
S:\07 -08BUDPROlAgreements\Museum and Symphony Agreements 07 -OS.doc
JWS:rk
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: '-\. bb .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD X--
June 15, 2007
CITY ATTORNEY .V~
CITY MANAGER 61-r:7
SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 07-
0655 (SR99/Hosking Commercial Center) located along the east side of State Route 99,
between Hosking Avenue and Berkshire Road, west of South H Street. (Ward 7).
1. Agreement with Woodmont Bakersfield, L.P. ($215,639.00) for the preparation of an
Environmental Impact Report (EIR).
2. Agreement with Jones and Stokes Associates, Inc. ($162,134.00) to prepare an
Environmental Impact Report.
3. Appropriate $162,134.00, (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:
Woodmont Bakersfield, L.P. is proposing the development of commercial on 93 acres located east of
State Route 99, between Hosking Avenue and Berkshire Road, west of South H Street.
Applicant - City Agreement:
This agreement acknowledges that Woodmont Bakersfield, L.P. will pay for all costs associated with
the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $215,639.00,
which consists of $162,134.00 for the consulting services and $53,505.00 to reimburse the City for its
costs and staff time in managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
AmendmentlZone Change No. 07-0655 by Jones and Stokes Associates, Inc.
MO: 5:\GPA 4th 2007\07-0655 (Woodmont Bak LLP EIR)lAgreementslAdmin Report .doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L..{ . e..e.,.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
/\
July 24, 2007 CITY ATIORNEY ,U)1z4
CITY MANAGER 6/J..)7
SUBJECT: Amendment to agreement and appropriation of funds for Environmental Impact Report
for General Plan Amendment! Zone Change No. 03-1544 ~est Ming, formally known as
Buena Vista Ranch) ~ard 5)
1. Amendment No.2 to Agreement NO.04-085 with Michael Brandman and Associates
for $169,062.00 for preparation of an Environmental Impact Report.
2. Appropriate $169,062.00 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:
This additional amount of $169,062.00 for the EIR consultant plus $25,938.00 for staff administrative
costs totaling $195,000.00 has been deposited by the applicant, Castle and Cooke Development. The
total contract amount with Michael Brandman and Associates, the EIR consultant, is $347,915.00. No
City funding is required for this contract. 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.
The project consists of an amendment to the land Use and Circulation Elements of the Metropolitan
Bakersfield General Plan and the Kern River Plan Element, concurrent Zone Change and Development
Agreement covering 2,182 acres. The project also includes annexation to the City. The West Ming
SpeCific Plan would implement a master planned community, including low to high density residential,
commercial, recreational, special use designations (light industrial, mineral and petroleum, public
facilities, open space, parks, public transportation, and office) and school uses. The project is located
west of Buena Vista Road and South Allen Road, to the West Beltway, and between Ming Avenue
(extended) to Pacheco Road.
The City Council will consider the Planning Commission's recommendation to certify the EIR and
approve the project on August 15, 2007.
Jeng I S:\West Ming Specific Plan\contract\adm rept amend agreement.doc
July 24, 2007
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER tfW7
July 20, 2007
SUBJECT: Amendment to agreement and appropriation of funds for Environmental Impact Report
for General Plan Amendment! Zone Change No. 03-0337 (The Canyons) (Ward 3)
1. Amendment No. 2 to Agreement No. 03-215 with Michael Brandman and Associates
for $160,557.00 for preparation of an Environmental Impact Report.
2. Appropriate $160,557.00 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:
This additional amount of $160,557.00 for the EIR consultant plus $48,000.00 for staff administrative
costs totaling $208,557.00 has been deposited by the applicant, General Holdings. The total contract
amount with Michael Brandman and Associates, the EIR consultant, is $296,357.00. No City funding is
required for this contract. As with all EIRs, the funds to pay the consultant costs and staff's time and
materials to process the EIR come from the project applicant.
The proposed project consists of amendment to the land Use and Circulation Elements of the General
Plan, amendment of the Northeast Bakersfield Specific Parks and Trails Plan, rezoning, and
subdivisions for mixed-uses including 1280 single and 120 multiple family residential, 8 acres of
commercial, 28 acres semi-public recreational areas, 13 useable acres for public parks, trails, and open
space on 890 acres. The Project site is located within the northeast portion of the City of Bakersfield,
California. The Project site is generally located south of Hart Park and Alfred Harrell Highway.
Jeng I S:\03-0337 Canyons\agree2007\adm rept amend agreement.doc
July 20, 2007
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~. u.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY /'~
CITY MANAGER ~
June 27, 2007
SUBJECT: Amendment No. 1 to Design Consultant Agreement No. 05-445 with Strategic Design
Services, LLC ($1,625.00; total not to exceed $30,035.00) for additional hours of
consultation required to coordinate with Contractor in order to finalize the security and
access control system project at Police Department Headquarters and West Area
Substation (Wards 1 and 4).
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: The City of Bakersfield and Strategic Design Services, LLC, entered into an
agreement on December 14, 2005 for the design and preparation of construction documents for a security
and access control system at the Police Department Headquarters, 1601 Truxtun Avenue, and at the West
Area Substation, 1301 Buena Vista Road. Due to the construction contractor's delay in constructing the
project, the Design Consultant incurred additional expenses.
Compensation for the additional work will amount to $1,625.00. This changes the not-to-exceed
compensation amount in the original agreement from $28,410.00 to $30,035.00. The additional payment
to the Design Consultant will be funded by the Liquidated Damages assessed the construction contractor.
August 7. 2007, 5:10PM Is - PW Engineering
G:\GROUPDAT\ADMINRPT\2007\08-15\Admin Amd Agr 05-445.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: tt.+f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
vb-
V&
dlN3
July 16, 2007
SUBJECT: Amendment No.2 to Agreement No. 04-236 with outside counsel, Borton Petrini, LLP for
legal services in the acquisition of offsite real property interest for Vesting Tentative Parcel
Map No. 11013 (City in the Hills-Mountain View Bravo, developer), in the amount of
$2,500, with a total contract amount not to exceed $152,500. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
The City's agreement with Borton Petrin~ for legal services is in the amount of $150,000. The property
acquisition is now complete and invoices have been received which exceed the amount of the Agreement.
This Amendment NO.2 to Agreement No. 04-236 would add $2,500 to the contract in order to pay the final
invoice. As is customary in these types of arrangements, the developer is responsible for all legal fees,
including cost of land acquisition.
VG:lsc 'B p' . C' H'II d
S:\COUNCIL\Admins\07-0B Admins\AttyAgr04-236Amd2. orton elnnl- Ily I s. 01
JUly 16, 2007, 11 :54AM
AGREEMENT NO. 04-236(2)
AMENDMENT NO.2 TO
AGREEMENT NO. 04-236
THIS AMENDMENT NO.2 TO AGREEMENT NO. 04-236 is made and entered
into on , by and between the CITY OF BAKERSFIELD, a
municipal corporation (referred to herein as "CITY"), and BORTON PETRINI, LLP
(formerly Borton, Petrini & Conron. LLP) (referred to herein as "ATTORNEY").
RECITALS
WHEREAS, CITY and ATTORNEY entered into Attorney Retainer Agreement
No. 04-236 dated August 18, 2004, for legal services in the matter of:
Acquisition of offsite real property interest for
Vesting Tentative Parcel Map No. 11013
(Masterson Street Alignment);
Mountain View Bravo, LLC, Developer; and
WHEREAS, on April 11, 2007 CITY and ATTORNEY entered into Amendment
No. 1 to Agreement No. 04-236 to increase the compensation to ATTORNEY to
$150,000; and
WHEREAS, ATTORNEY's final invoice in this matter exceeds the amount of the
Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
ATTORNEY mutually agree as follows:
1. Paragraph 2 of Agreement No. 04-236 dated August 18, 2004 is hereby
amended to read as follows:
2. COMPENSATION TO ATTORNEY. CITY, for and in
consideration of the terms and conditions set forth herein,
hires ATTORNEY to perform legal services with respect to
the matter(s) described above. CITY shall compensate
ATTORNEY for all services performed by ATTORNEY on an
hourly basis in an amount according to the Fee Schedule
attached as Exhibit II A, II except for travel time which shall
be paid at a maximum of one-half (1/2) ATTORNEY's normal
hourly rate, and reimburse ATTORNEY for all proper costs
ATTORNEY incurs on behalf of CITY as set forth herein.
Prior to payment all bills shall be reviewed and approved by
Attorney Retainer Agreement
S:\Em inentDomain\CityHills\07 -08\BPCAtlyRtnr Agr .Amend2.doc
July 13, 2007
-- Page 1 of 2 Pages --
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER c\l.v7
TO: Honorable Mayor and City Council
July 13, 2007
SUBJECT: Amendment No. 2 to Agreement 05-228 with Kern Affordable Housing, Inc. (KAH) for the
rehabilitation of the Park Real Apartment complex to revise the timeline (no budgetary
action). (WARD 1)
RECOMMENDATION:
Staff recommends approval.
,
BACKGROUND:
On June 22, 2005, the City Council approved an agreement with KAH for $300,000 in HOME funds to
rehabilitate the 16 unit Park Real Apartment Complex. The Park Real Apartments were purchased by
Kern Affordable Housing, Inc. (KAH) in 1991. The units are designated as a HUD Section 236 affordable
rental housing project. The project was in danger of converting to market rate. Golden Empire Affordable
Housing, Inc. formed the non-profit entity KAH in order to purchase this property and the Villa San Dimas
apartments to ensure they remained affordable housing for low income tenants.
On February 8, 2006 City Council approved amendment No.1 to add specific language to the Agreement,
Deed of Trust and Declaration of Restrictions to be consistent with HUD's Section 236 Agreement with
KAH as requested by the U.S Department of Housing and Urban Development (HUD).
KAH has requested the City amend the Agreement to extend the completion date of the rehabilitation to
October 15, 2007.
This is an administrative revision only there are no budgetary actions to this amendment.
S:\Admins\City Council\City Council Admins 2007\KAH Amend #2.doc
7/13/200710:05 AM
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
July 31, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\ . hh.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~'T7
SUBJECT: Amendment No. 1 to Agreement No. 06-388 with Jacobs Civil Incorporated reallocation of
resources (from $6,939,777 to $6,939,430) to provide Construction Management Services
for Wastewater Treatment Plant 3 - 2007 Expansion Project (Ward 6).
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: Agreement No. 06-388 with Jacobs Civil Incorporated to provide construction
management services for Wastewater Treatment Plant 3 upgrade and expansion was approved by the
City Council on December 13, 2006. Since the original agreement, Jacobs reallocated resources to better
serve the needs during of the project. This reallocation has resulted in the need to redistribute money
allocated to the four items of work; however the overall costs remain essentially unchanged. The
compensation part of the agreement is recommended to be revised as follows:
DESCRIPTION
1. Constructability Review Phase (fixed fee)
2. Bidding Phase (not-to-exceed fee)
3. Construction Phase (not-to-exceed fee)
4. Reimbursable Expenses for All Phases of Work
(not to exceed fee)
Total
ORIGINAL FEE
$182,920
$118,654
$6,426,593
$211,610
REVISED FEE
$182,920
$270,138
$6,237,122
$249,250
$6,939,777
$6,939,430
The revised costs reflect the following changes in the scope of work:
· Bidding Phase labor costs increased due to extended review of plans and specifications and
extension of bidding period
· Construction Phase labor costs decreased due to labor rescheduling
· Reimbursable Expenses increased due to construction manager mobilizing office trailer on-site
in-lieu of general contactor mobilizing the trailer
PWlWastewater DivisionlAC (E4K114)
August 8,2007, 10:22AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Amendment to Agreement 06-388 Jacobs Civil Incorporated Administration Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\. i i.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ((h J?
SUBJECT: Amendment No.2 to Agreement No. 98-145 with Bryan A. Stirrat & Associates ($133,000,
revised not to exceed $450,000) for preparation of design modifications for the Bakersfield
landfill closure. (Ward 3)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 16, 2007
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Agreement No. 98-145 with Bryan A. Stirrat & Associates provides for the contractor to
prepare a final closure plan for the former Bakersfield landfill. Amendment No. 1 was made in October
2005, to provide additional engineering support and to use an alternate source of cover soil. This allowed
the City to reduce grading costs for a future City roadway and provide a public trail near the landfill. Work
has been nearly completed per the amended agreement, and the plan has been approved by the
regulatory agencies.
This amendment is to prepare two additional plan modifications: first, to reduce the landfill project cost by
reducing extra cover soil in the burn dump portion of the project, and second to reduce the cost of
construction of the nearby Fairfax Road bridge over Highway 178 by using excess soil from that project.
The cost of $133,000 for additional engineering work under this amendment will save apprOXimately
$2,000,000 in overall construction costs. Following these last changes, staff is seeking final construction
package approval by the Regional Water Ouality Control Board so landfill construction can begin in
coordination with the Fairfax bridge job for efficient earthmoving between the two projects.
Funding for this work is available from the landfill closure reserve fund. The City is reimbursed half of the
landfill closure cost by Kern County, per the landfill closure project agreement.
August 1, 2007, 10:39AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Landfill Closure Amendment No 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
August 3, 2007
SUBJECT: Amendment NO.2 to Agreement No. 05-246 with Hargis and Son ($80,000.00, revised not
to exceed $240,000.00) for the annual contract for biosolids hauling and spreading.
(Wards 1 and 6)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 11, 2005, Council awarded the annual contract for the hauling and spreading of
dried biosolids generated by Wastewater Treatment Plants Nos. 2 and 3. On September 13, 2006,
Council approved Amendment No.1, adding $80,000.00 to the Agreement and extending the Agreement
for one year. Amendment NO.2 will add $80,000.00 to the Agreement for a revised not to exceed contract
amount of $240,000.00. No extension of time is requested.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #2 to Agreement 05-426, Hargis and Son, AC Biosolids Hauling and Spreading, August 15,
2007.doc
August 3, 2007, 9:55AM
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Y. KK.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
August 3, 2007
SUBJECT: Amendment NO.1 to Agreement No. 06-391 with Bradco Industrial Corporation dba Bradco
Environmental ($383,000.00, revised not to exceed $559,000.00) for the Annual Contract
for Wood Grinding and Screening. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On December 13, 2006, Council awarded the Annual Contract for Wood Grinding and
Screening for the City's Green Waste Facility to Bradco Environmental in the amount of $176,000.00.
Amendment No. 1 will add $383,000.00 to the Agreement for a revised not to exceed contract amount of
$559,000.00. The increase in the contract amount is required due to the mechanical failure of the City's
grinding equipment approximately six weeks ago. The parts necessary to repair the grinder have been
unavailable thus far and there is no stated availability date for the parts. Additionally, the electrical grinder
recently purchased by the City is not yet in operation as the electrification project at the Green Waste
Facility is not completed due to delays by PG&E. As a result the City is forced to use outside grinders to
meet demand.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-391, Bradco Environmental, AC for Wood Grinding and Screening, August 15,
2007.doc
August 3, 2007, 10:28AM
AGREEMENT NO. 06-391 (1)
AMENDMENT NO. 1 TO AGREEMENT NO. 06-391
BETWEEN CITY AND BRADCO INDUSTRIAL CORPORA TION
This AMENDMENT NO. 1 TO AGREEMENT NO. 06-391 is made and entered into
on , by and between the CITY OF BAKERSFIELD, referred
to as "CITY", and BRADCO INDUSTRIAL CORPORA nON dba BRADCO
ENVIRONMENTAL, a CALIFORNIA COMPANY, referred to as "CONTRACTOR".
RECITALS
WHEREAS, CITY and CONTRACTOR entered into Agreement No. 06-391
(ANNUAL CONTRACT - WOOD GRINDING AND SCREENING) on December 13, 2006;
and
WHEREAS, the parties desire to amend Agreement No. 06-391 to effect an
increase in the compensation clause to allow for the continuance of the ANNUAL
CONTRACT FOR WOOD GRINDING AND SCREENING; and
WHEREAS, CITY and CONTRACTOR have agreed to an increase of ONE
HUNDRED EIGHTY-THREE THOUSAND DOLLARS ($183,000.00), over and above the
original contract price of ONE HUNDRED SEVENTY-SIX THOUSAND DOLLARS
($176,000.00).
NOW, THEREFORE, incorporating the foregoing recitals herein, the undersigned
mutually agree as follows:
Item 2 of Agreement No. 06-391 is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products
called for under this Agreement shall be paid as follows:
. Grinding @ $2.17 per cubic yard.
· Grinding and screening @ $3.94 per cubic yard.
· Contractor removal @ $4.19 per cubic yard.
Compensation may be adjusted annually at the contract renewal date in accordance
with the specifications, terms and conditions of Bid No. 06-07-49. The total amount of
this Agreement shall not exceed the amount of THREE HUNDRED FIFTY-NINE
THOUSAND DOLLARS AND NO/100'S ($359,000.00) AS AWARDED BY CITY
COUNCIL. The unit price governs the contract and not the comparative total set forth
on the bid/quotation request form.
ANNUAL CONTRACT - OOOD GRINDING AND SCREENING
S:\PURCHIDIANEIContractslAmendmentslAGMT 06-391 Amendment 1 Bradco Environmental, AC for Wood Grinding and Screening. doc
Page 1 of 2
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.\\.
APPROVED
DEPARTMENT HEAD w-. eft.- /
I' ~/
CITY ATTORNEY ./2itt4
CITY MANAGER 610?
SUBJECT: 2004/2005 Federally Funded Reconstruct Various Streets project (Wards 2, 3,4,5, and 6):
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 25, 2007
1. Contract Change Order No. 3 to Agreement No. 06-109 with AlC Materials, Inc.
($24,136.52 for a revised not to exceed amount of $4,487,316.29) for the project.
2. Appropriate $21,369 Federal Surface Transportation Program funds to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation.
BACKGROUND: This project provides for the reconstruction of Coffee Road from Rosedale Highway to
the Friant Kern Canal, Coffee Road from Stockdale Highway to the Arvin Edison Canal, White Lane from
Ashe Road to Wilson Road, and Oswell Street from the city limits south of Bernard Street to Columbus
Avenue.
During construction, it was discovered that the intersection of Wilson Road and White Lane needed to be
added to the reconstruction area of this project. This portion was inadvertently left out of the original
design due to a maintenance overlay being placed during a previous project. This change requires the
production of a traffic control plan for this area and additional traffic control devices. The contractor has
agreed to accept a lump sum of $5,743.67 for these items of work.
Due to cold weather, this project was suspended through the winter months because the cold
temperatures prevented paving operations from taking place. The work needed to secure the roadways
already under construction for the winter was done in two phases. Phase I of this work was paid for under
Change Order NO.2. A final accounting of the work done under Phase II of the winterizing work has been
completed. The contractor has agreed to accept a lump sum of $8,327.08 for Phase II of this work.
Part of this project includes grinding down and overlaying the intersection of Stockdale Highway and
Coffee Road. Due to the volume of traffic flowing through this intersection, the contractor has agreed to
grind and overlay this intersection on a Sunday when traffic volumes are the lowest. By doing this work on
a Sunday, the contractor will incur additional wage and mobilization costs for performing this work. The
contractor has agreed to accept a lump sum of $7,769.40 as compensation for the additional costs
involved.
During the reconstruction of Coffee Road north of Stockdale Highway, a large void was discovered under
the existing roadway. This void must be filled with cement sand slurry in order to provide a suitable
roadbed for the newly paved surface of Coffee Road. The contractor has agreed to do this work for the
G:\GROUPDAT\ADMINRPT\2007\08-15\CCO 3 - 2004-2005 Federally Funded Reconstruct Streets.doc
RM
ADMINISTRATIVE REPORT
lump sum of $2,296.37.
This is the third contract change order to be submitted for the project. This change order will increase the
project total by $24,136.52. The change orders to date on this project reflect a net increase of $42,019.48
(which is an increase of 0.95% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$4,445,296.81
$4,487,316.29
$ 42,019.48
.
=
=
This Administrative Report also appropriates $21,369 of additional federal funds since 88.53% of this
change order is eligible for federal reimbursement. The remaining amount will be funded with Gas Tax
Funds which is currently budgeted.
G:\GROUPDAT\ADMINRPT\2007\OB-15\CCO 3 - 2004-2005 Federally Funded Reconstruct Streets. doc
RM
COPY DlSlRIBUTION,
ORIGINAL-Cm CLERK. WIIITE-CONlRACTOR. BLUE-CONSlRUCTION. GREEN.coNlRACTOR'S INFO. YEUDW-CALlRANS. PINK ENGR.. GOLD-PURCHASING
CONTRACT NO.
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
06-1 09
CHANGE ORDER NO.
3
P.O. NO.
066584
PROJECT:
CONTRACTOR:
ADDRESS:
2004/2005 Federal Funded Reconstruct
Various Streets
SHEET
OF
AlC Material, Inc.
2521 Brian Way
Bakersfield, CA 93309
STPL 5109(093)
FEDERAL NO. (S)
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS
OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: Thl. ohIlnge order I. not effacllve until -.>>prowd by City Council or City Enlll_
Description of work to be done, estimate of quantities, aDd prices to be paid. Segresate between additional work of contract price, agreed price and f""," account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment i. actually used and no allowance will be mod. for ic:lle time.
CHANGE REQUESTED BY:
S. PATTESON
ENGINEER
SUBMITTED BY:
S. PATTESON
ENGINEER
DATE: June 29, 2007
EXTRA WORK AT AGREED LUMP SUM PRICE
ACCOUNT NO (S)
.
Produce an additional traffic contol plan and provide additional traffic
control devices for the reconstruction of the intersection of WI/son
Road and While Lane.
$5,743.67
.
Place additional asphalt concrete on Coffee Rd. north of Stockdale Hwy
and on Oswell St. for drainage and traffic conditions during winter
suspension (Phase II).
$8,327.08
.
Extra cosl for cold planing and capping the intersection of Stockdale
Highway and Coffee Road on a Sunday as directed by the Engineer
$7,769.40
.
Repair a void around an 18" sleeve under Coffee Road prior to
reconstruction as directed by the Engineer
$2,296.37
$24,136.52
The contractor agrees to accept a lump sum of $24,136.52 as full compesation
including markups for performing the above mentioned work.
121-4031-822-8041-T5K164
151-4031-822-8041-T5K164
ESTIMATED COST:
$21 ,368.06
$2,768.46
INCREASE $24,136.52
DECREASE $
By _ of thle order the time 01
completion will be IIcIlueted _ follow.:
None
City Council Approval Required
YES
NO
xx
Approved by the Council 01 City of Bekerdsllcl
./\
Approv81 ~1II5IIldIIcI: City Engin..r
Meyor
Counterelgnllll: FInance Director
DeItt
We. the underaipcd cootractor, have given careful consideration to the cbanae proposed and hereby agree. if this proposal is approved.lhat we win provide an
equipmenl. furnish all materials, exccpt as lDIY olherwise be noted above. and perform all servicea: oeceSlary fer the wcrk above specified, and will accept a$
full pa)'merU therefor the prices sbown above.
Accepted, Date: 7..1\". D 1
,~
Title:
~ lAJi...a' ..JII'"
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Y.mm.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 6l\J'7
VED
July 30, 2007
SUBJECT: Accept bid and award contract to Griffith Company ($208,705) for Median Island
Improvements, Various Streets (Wards 1, 2 & 4).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The Capital Improvement Program includes funding for construction of left turn
restrictions at the following three uncontrolled intersections: Coffee Rd at Peanut Avenue, South Chester
Avenue at Terrace Way, and E. Truxtun Avenue at Beale Avenue. Left turn restrictions are needed at
these locations to improve safety and reduce accidents.
Sufficient funds are budgeted to award this bid.
The Engineer's Estimate for this project was $151,000.
One bid was received on July 19, 2007 as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (County)
in amount of
$208,705.00
adr/engr
August 8, 2007, 4:02PM
G:\GROUPDAT\ADMINRPT\2007\08-15\Median Island improvements, Various Streets.doc
T7K128, T5K129 & T5K131
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: li. V'\ n .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 26, 2007
APPROVED
.~
I,
o -
G/A:J7
SUBJECT: Accept bid and award contract to Loop Electric ($131,765.65) for the Traffic Signal and
Lighting System Installation at the Intersection of Calloway Drive and Noriega Road
(Ward 4).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system, providing
traffic signal synchronization between signals, and reconstructing access ramps to meet current ADA
requirements. This project is funded entirely with traffic impact fees paid by developers.
On June 20,2007, three acceptable bids were received as follows:
Loop Electric Inc
7040 Downing Ave
Bakersfield, Ca 93308 (County)
in the amount of
TES Electrical Construction
5306 Aldrin Court
Bakersfield, Ca 93313 (City)
in the amount of
A-C Electric Co
315 30th Street
Bakersfield, Ca 93301 (City)
in the amount of
PW\Design Engineering/NSG (T7K150)
July 9, 2007, 11:42AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Traffic Signal at Calloway & Noriega.doc
$131,765.65
$137,000.00
$173,634.00
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: '-\.DO.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD M,I. M.--
CITY ATTORNEf ~
CITY MANAGER 070'7
July 24, 2007
SUBJECT: Accept bid and award contract to Kiewit Pacific Company ($211,021,000) for construction
services to upgrade and expand Wastewater Treatment Plant 3 (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: Wastewater Treatment Plant 3, located in southwest Bakersfield, serves the area west
of the 99 Freeway. The last expansion to the Plant occurred in 1997 and expanded its daily treatment
capacity to 16 million gallons per day. The daily flow to the Plant has reached its design capacity. At this
time, an upgrade and expansion to the Plant is required.
SIZE OF EXPANSION
A pre-design report, completed by Parsons Water and Infrastructure, determined future flow increases to
Plant 3 within the current and future expanded sewer service area. This report recommends, based on
U.S. Census Bureau population increase of 2.3% per year, the ultimate flow to Plant 3 in 2050 will be 64
million gallons per day. A reasonable and economic expansion for the Plant at this time is to double it in
size to a daily treatment capacity of 32 million gallons per day. Thus, the expanded plant will be adequate
to serve Bakersfield to the year 2025.
UPGRADE
An upgrade to the treatment process is required because the waste discharge permit limits that are
governed by the State Water Resources Control Board will become stricter in the near future. Stricter
discharge requirements are also being mandated for other wastewater treatment plants in the Central
Valley. In order to avoid potential violations, the treatment process must be upgraded. Also due to current
and future development of homes and businesses in the proximity of the plant, state of the art odor control
will be implemented and thick landscaping will surround the perimeter of the plant. Some additional
upgrades include odor free biosolids handling facility that will eliminate 18 acres of odorous solar sludge
drying beds, nitrogen removal to protect groundwater, energy recovery facility to significantly reduce
purchase of electricity, and tertiary treatment to provide reuse water for all non-potable plant water uses,
on-site landscaping irrigation, and future sports village irrigation uses.
BIDDING PHASE
A project of this size requires a minimum bidding phase duration of at least two months. A major effort
was made to increase the competitiveness of the bid. Therefore, a three month bidding phase was
implemented, 31 contractors were formally notified about the Bakersfield project, and the project was
advertised in the Bakersfield Californian, Los Angeles Times, San Diego Tribune, Sacramento Bee, and
PWlWastewater Division/AC (E4K114)
July 25,2007, 11 :17AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Wastewater Treatment Plant #3 - 2007 Expansion Administration Report.doc
ADMINISTRATIVE REPORT
Fresno Bee. During the bidding phase two pre-bid meetings were held. Sixteen contractors attended the
first pre-bid meeting and 22 contractors attended the second pre-bid meeting. The purpose of the meeting
was to allow the contractors to fully understand the scope of the work, meet the representatives from the
City, get a first hand look at the construction site, and allow the contractors to ask any questions they may
have concerning the scope of work or the City's contractual policies. Not only were the contractors
allowed to ask questions during the pre-bid meetings, but a Request for Information process was used to
allow the contractors to fax in questions during the three month bidding phase. Approximately 153
questions were asked by contractors and formally answered by the design engineer. This process
provided a higher level of understanding to the contractors and also provided for a more competitive bid.
The two bids shown below were within 2.6% of each other and represent a very competitive bid and a
clear understanding of the scope of work.
On July 10, 2007, two acceptable bids were received as follows:
Kiewit Pacific Company
5000 Marsh Drive
Concord, CA 94520
(Out of Town)
in the amount of
$211,021,000
Tutor-Saliba Corporation
15901 Olden Street
Sylmar, CA 91342
(Out of Town)
in the amount of
$216,477,000
PWlWastewater Division/AC (E4K114)
July 25,2007, 11:17AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Wastewater Treatment Plant #3 - 2007 Expansion Administration Report.doc
ADMINISTRATIVE REPORT
MEETING DATE August 15, 2007
AGENDA SECTION:
ITEM: 4.DO.
I I
Consent Calendar
TO:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
~
;/t:
crkD
FROM:
Florn Core, Water Resources Manager
DEPARTMENT HEAD
DATE:
August 1, 2007
CITY ATTORNEY
SUBJECT: Accept bid and award contract to Nicholas Construction Incorporated ($ 448,146.00) for
Rehabilitation of the Farmers-Stine-Anderson Weir on the Carrier Canal. (Ward 3)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will provide for reconstruction of the Farmers-Stine-Anderson Weir located on the
Carrier Canal just west of the Chester Ave. bridge on the Kern River. The project includes the removal, disposal, and
replacement of all metal structures, resurfacing of the concrete floor and lower walls, and the addition of a concrete
extension to the upper walkway of the structure. The rehabilitation of the 30+ year old structure will bring the weir into
OSHA operational standards and extend the life of the facility at a fraction of the cost required to replace the entire
structure. Kern Delta Water District is participating with 49% of the cost, as their ownership share.
3 (three) bids were received on August 1, 2007 for this project, as follows:
Nicholas Construction, Inc.
1975 Airport Drive
Bakersfield, CA 93308... .., ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... in the amount of $ 448,146.00
Sol Construction Inc.
1600 Chicago Ave. Suite R #2
Riverside CA 92507 (Out of County) ...... ... ... ...... ... ... ... ... ... ... ... ... ...... ... in the amount of: $ 533,700.00
W. M. Lyles Company
P.O. Box 1477
Fresno CA 93744 (Out of County) ... ... ... ... ... ...... ...... ... ... ... ...... ...... ... ... in the amount of: $ 644,850.00
S:\2007 ADMIN REPORTS\Admin Aug1507WeirRehab.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: J..t .
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEf_.
CITY MANAGER 6liJS
SUBJECT: Accept low bid and award contract to Security Paving Company, Inc., ($28.929.446.10) to
construct the State Route 178 (SR-178) and Fairfax Road Interchange Project (Ward 3).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August3,2007
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The work to be performed consists, in general, of construction of a freeway
interchange on State Route 178 (SR-178) at Fairfax Road. The project includes the extension of the
freeway from 0.19 miles west of Morning Drive to approximately 0.12 miles east of Oswell Street. SR-178
will be built at a grade approximately 16 feet lower than currently exists. and a bridge will be constructed
for Fairfax Road to cross over SR-178. The exit and entrance ramps on the south side of the interchange
will be constructed first, and then SR-178 traffic will be temporarily relocated to these ramps during
construction. After construction is complete, the interchange area will be landscaped.
Much of the time during construction, Fairfax Road will be closed either to the north or south of SR-178,
and detour routes will need to be taken. There will be signage and advance notification through the media
to try and minimize inconvenience to the traveling public.
The project also includes the construction of a new sound wall for the residents north of SR-178 between
Fairfax Road and Oswell Street. City Staff is working with the residents to ensure that impacts to their
property during construction will be minimized. The City will be offering a voluntary video inspection of
homes and properties adjacent to the new sound wall before construction begins. This service will be
provided to the home owner at no charge, and will help identify any property damage that may occur
during construction.
Construction is anticipated to begin towards the end of September, 2007. City Staff is organizing a ground
breaking ceremony for mid-September.
On July 12, 2007, six acceptable bids were received as follows:
Security Paving Company, Inc.
9050 Norris Avenue
Sun valley. California 91352
in the amount of
$28,929,446.10
ADMINISTRATIVE REPORT
Griffith Company
1898 S. Union Avenue
Bakersfield, California 93307
in the amount of
$30,102,102.00
C.C. Myers
3286 Fitzgerald Road
Rancho Cordova, CA 95742-6811
in the amount of
$34,802,055.60
C.A. Rasmussen
2360 Shasta Way
Simi Valley, CA 93065
in the amount of
$35,203,501.50
Teichert Construction
13281 Golden State Blvd.
Kingsburg, CA 93631
in the amount of
$37,079,318.65
Granite Construction Company
585 West Beach Street
Watsonville, CA 95076
in the amount of
$39,224,524.00
Staff recommends awarding this construction contract to Security Paving Company, Inc. in the amount of
$28,929,446.10 for the construction of SR-178 and Fairfax Road Interchange Project.
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~ .rV'".
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER <fZJ7
July 3, 2007
SUBJECT: Accept bid and award contract to Hudson Custom Construction, Inc. ($142,300.00) for the
Fire Station One Arson Unit Remodel. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the bid and award of contract.
BACKGROUND: The project consists of remodeling the Arson Unit at Fire Station No.1, including the
construction of new walls, ceilings, lighting and counters. Bids were previously issued for the project in
January 2006. At that time no bids w~re received due to the size of the project and the fact that
contractors were busy. The project was re-advertised for bid in April 2007. Invitations to Bid were sent to
approximately two hundred contractors; one bid was received in response to the Invitation to Bid and is as
follows:
Hudson Custom Construction, Inc.
9530 Hageman Road, Suite B-171
Bakersfield, CA 93312
in the amount of
$142,300.00
Staff finds the bid submitted by Hudson Custom Construction, Inc. to be acceptable. The project is fully
funded in the 2007/08 Capital Outlay Fund.
Purchasing Division
G:\GROUPDAT\Lyn\AGREEMENTS\Fire Station Unit Remodel adm.doc
August 2, 2007, 1 :57PM
ADMINISlRA liVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\ .5,.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
August2,2007
~
SUBJECT: Accept bid and award contract to Klassen Corporation ($724,321.00) to construct Saunders
Park Recreation Facility (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This multiuse recreation facility was first authorized in the Capital Improvement Program
for 2006-2007. In the 2007-2008 Capital Improvement Program budget, additional funding was
programmed. The project will construct a building to facilitate roller hockey, basketball, indoor football and
soccer. A donated rink for the above recreational activities will be installed including flooring, batter
boards, plexi-glass shields and electronic scoreboards,
Funding for this project is from the Capital Outlay Fund ($769,000), The Engineer's Estimate was
$913,000.
Three acceptable bids were received on July 20, 2007 as follows:
Klassen Corporation
2021 Westwind Drive
Bakersfield, CA 93301
(City)
in amount of
$724,321.00
Colombo Construction Co., Inc,
3211 Rio Mirada Dr.
Bakersfield, CA 93308
(City)
in amount of
$751,846.00
S. C. Anderson, Inc.
2160 Mars Court
Bakersfield, CA 93308
(County)
in amount of
$1,097,000.00
One additional bid was received from Valley Steel Construction ($928,578.00) which was considered as
Non-Responsive since it did not include the cost of bonds in their bid total.
PW/ENGR wgm
August 2, 2007, 8:45AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Saunders Park Recreation Facility.Project No. P7C117.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: t..\. tt.
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER cfl,07
TO: Honorable Mayor and City Council
August 2, 2007
SUBJECT: Accept low bid and award contract to A-C Electric Company in the amount of $118,176.25
for the Traffic Signal Lighting System Installation on Ming Avenue at Hwy 99 On-Ramp.
(Ward 6)
RECOMMENDATION:
Staff recommends acceptance of low Bid and award of contract.
BACKGROUND:
This project will install a traffic signal and lighting system on Ming Ave. at the southbound Hwy 99 on-ramp
located between Wible Rd. and Real Rd. This new traffic signal and lighting system will improve traffic
safety and reduce the number of accidents caused by vehicles making unprotected left turns across Ming
Ave. to access the Hwy 99 on-ramp.
This traffic signal and lighting system project will be funded cooperatively by the City of Bakersfield and
the California Department of Transportation (Caltrans) per Cooperative Agreement 06-1204. The
Engineer's Estimate for the Bid is $135,000.00.
Two (2) acceptable bids were received on Tuesday, June 19, as listed below:
1.
A-C Electric Company
315 30th Street
Bakersfield, CA, 93301 (City)
Project Total
$118,176.25
2.
Loop Electric, Inc.
7040 Downing Ave.
Bakersfield, CA 93308 (City)
Project Total
$132,944.00
;'
August 2, 2007, 9:05AM
G:\GAOUPDAT\ADMINAPT\2007\08-15\Admin_ApCSignaLMing_Hwy99.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.{ . u...u.-
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
i~
~
August 2, 2007
SUBJECT: Accept bid and award contract to Montes Pacific Engineering ($45,610.00) for Storm
Drain Improvements: 501 S. Mt. Vernon Avenue and Columbus Street at University
Avenue. (Wards 1 and 3).
RECOMMENDATION: Staff recommends acceptance of low bid, and award of contract.
BACKGROUND: The project consists of correcting two drainage issues. One is on South Mt. Vernon
Ave. at the Animal Care Facility and Mt. Vernon Adult School; the other is at the intersection of
Columbus Street at University Avenue. This project is funded entirely with Gas Tax Funds. Sufficient
funds are available to award this contract.
On July 11,2007, three bids were received as follows:
Montes Pacific Engineering
1953 Almanor Street
Oxnard, CA. 93036 (Out of Area)
in the amount of
$45,610.00
Nicholas Construction, Inc.
1975 Airport Drive
Bakersfield, CA 93308 (City)
Griffith Company
1898 S. Union Ave.
Bakersfield, CA 93307 (City)
in the amount of
$48,721.00
in the amount of
$47,049.00
sl- pw/engineering (E7K110)
August 2,2007, 9:37AM
G:\GROUPDATlADMINRPT\2007\OB-15\Storm Drain Improvements_E7K11 O.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: L-t." ~ .
TO: Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ()IN?
SUBJECT: Accept bid from Carollo Engineers ($239,748) to provide consulting services to complete
Regional Water Quality Control Board's requirements concerning wastewater treatment
plant 3. (Ward 6)
DATE:
July 26, 2007
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: After the last expansion to wastewater treatment plant 3 in 1997, a new discharge
permit was issued. A provision in this permit required that a comprehensive and systematic technical
evaluation be done for each waste constituent to determine "best practicable treatment and control."
Phase 1 of this process included analysis of each waste constituent and identified a short list of
constituents of concern. This phase has been completed by Carollo Engineers per agreement 03-094.
The second phase of the evaluation is to determine that best practicable treatment and control is being
implemented for each wastewater constituent that was short listed in phase 1. This comprehensive study
will include development of groundwater limits, prediction of groundwater quality improvement over time,
identification of beneficial uses, a socioeconomic analysis, and preparation and submittal of the report to
the Water Board for approval.
When it was known that plant 3 would be upgraded and expanded in 2007, a request for extension of the
deadline for completion of this report was granted by the Water Board. This will enable one report to
satisfy both the 1997 and 2007 plant expansion requirements.
A Request for Qualifications/Proposal was issued to solicit qualified consultants for Phase 2 of this study
This RFQ/P was reviewed by consultants Kenneth D. Schmidt and Associates, Kennedy/Jenks
Consultants, Quad Knopf, Boyle, and Carollo Engineers. Although the proposal was received on April 6,
2007, recommendation for award of this proposal was delayed until now so the Water Board would have
time to review the report submitted in phase 1.
On April 6, 2007, one acceptable proposal was received as follows:
Carollo Engineers
7580 North Ingram Avenue, Suite 112
Fresno, California 93711 (Out of Town)
in the amount of
$239,748.00
PWlWastewater Division/AC (E3K103)
July 30, 2007, 11 :22AM
G:\GROUPDAT\ADMINRPT\2007\08-15\Best Practicable Treatment and Control Plant 3 Administration Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Y.-NW.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
July 25, 2007
SUBJECT: Transfer $1,200,000 from developer contributions within the Park Improvement Fund to the
Recreation and Parks Department Capital Improvement Budget for development of
Greystone Park, located at the southwest comer of Mountain Vista Drive at Harris Road
(Ward 5).
RECOMMENDATION:
Staff recommends approval of transfer.
BACKGROUND:
Funds were budgeted in FY 2006-07 in the developer contribution account within the Park Improvement
Fund for purposes of constructing Greystone Park, located at the southwest corner of Mountain Vista
Drive at Harris Road. Due to a significant slow-down in the local housing market, a developer agreement
was not possible; therefore, the Park will be provided through the City's Capital Improvement Program.
Council approved a design services agreement with RRM Design Group on May 23, 2007 for design of the
Park and Fire Station 14 on a 10-acre land parcel. In addition, a public meeting was held on July 10, 2007
to encourage residents to provide input into the design of the Park and the Fire Station.
Council approval is needed to transfer the funds from a developer reimbursement project to a Capital
Improvement project within the Park Improvement Fund.
July 26,2007, 11:19AM:r1j
S:\2007 Admins\Greystone Pk-Admin_8-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: a..t. ~~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
August 1, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
IiM
~
SUBJECT: Assessment District and related Public Financing Authority (PFA) Bond Call
1. Appropriate $465,166.00 fund balances to the operating budgets within
various special assessment funds and PFA debt service fund to facilitate
advance redemption of Assessment and related PFA Bonds.
2. Appropriate $343,290.00 fund balance to reimburse developer for approved
costs that exceeded original estimates for assessment district 04-3.
RECOMMENDATION:
Staff recommends approval of the appropriations.
BACKGROUND:
1.) During the year owners may pay the assessment lien balance on their property. The City, as
Trustee, is required to use these additional amounts to "call" outstanding special assessment bonds.
The principal and any premium amounts are forwarded to the City's paying agent to retire bonds in
advance of their normal maturity in accordance with the respective bond indentures. Some of the
assessment bonds were issued using the Bakersfield Public Financing Authority (PFA) as a conduit. A
like amount of PFA bonds are called when certain assessment bonds are called.
Two bond calls are scheduled for September, 2007. This action aligns the budget to maintain
compliance with staff fiduciary responsibilities.
2.) Pulte Home's recently completed the public improvements contemplated in the Assessment District
04-3 bond financing. Actual construction costs exceeded original engineering estimates. Interest
earRings on the monies held in the construction fund may be used for reimbursement of actual costs if
requested by the developers and approved by the Finance Director. Pulte Home's requested to use the
accumulated earned interest for improvements in assessment district 04-3 and the Finance Director
recommends the use of these monies for this purpose.
S:\ConnieCorey\AD\BOND CALLS\Bond Calls, Sept 07\Admin Report
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lt .\1\1.
, 1
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
APPROVED
July 31, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: City Positions on 2007 League of California Cities Resolutions
RECOMMENDATION:
Committee recommends acceptance of recommendations.
BACKGROUND:
The Legislative and Litigation Committee traditionally reviews the proposed League of California Cities
annual resolutions and takes a position for each resolution as to support, oppose, or remain neutral.
However, since the Committee is not scheduled to meet in August, they directed the City Manager and
City Attorney to review the proposed resolutions and forward their recommendations directly to the City
Council for Council direction.
The resolutions, as approved by the General Assembly at the Annual Conference, will provide
important policy guidance for the League during the upcoming year. The recommendations of the City
Manager and City Attorney for the four resolutions are as follows:
Resolution 1: Renewal of the League Grassroots Network Program
Support
Support
Resolution 2: Healthy Aging
Resolution 3: Applying 300 Foot Distance Separation for All New
Residential Care Facilities
Support
Resolution 4: Implementation of AB 38; Establishing a New "Department of
Emergency Services and Homeland Security"
Support
The City Manager and City Attorney are forwarding these recommendations to Council for approval and
direction to the City's Conference Voting Delegate to vote accordingly. As the City's representative, the
Voting Delegate has the authority to forward the Council's agenda as proposed resolutions change
during the course of the Annual Conference, in keeping with the Council's historical directive.
July 31,2007, 5:01PM
P:\Adm inReports&Related\Adm-2007\Admin-2007LeagueResos-0731 07. doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lt .'l-"2- .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
APPROVED
July 31,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appointment of League Voting Delegate and Alternate for 2007 Annual C
RECOMMENDATION:
Appointment of Public Information Officer Rhonda Smiley as League Voting Delegate and City Clerk
Pamela McCarthy as Alternate.
BACKGROUND:
Each year, as part of the City's membership in the League of California Cities, the City Council appoints
a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business
meeting of the League's Annual Conference. This year's annual conference will be held September 5-
8, 2007 at the Sacramento Convention Center. The annual business meeting will be held on Saturday,
September 8, beginning at 8:30 a.m.
The Legislative and Litigation Committee discussed this issue at their meeting on July 16, 2007. The
Delegate and Alternate are typically appointed from among elected leaders attending the annual
conference. However, this year, there are no councilmembers who will be able to attend the
conference through the duration of the annual business meeting on September 8th.
Appointees for Council approval have traditionally been recommended by the Legislative and Litigation
Committee. The Legislative and Litigation Committee is, therefore, recommending that Council appoint
Public Information Officer Rhonda Smiley as this year's League Voting Delegate and City Clerk Pamela
McCarthy as Alternate.
July 31,2007, 4:26PM
P:\AdminReports&Related\Adm-2007\Admin-2007Leag ueVotingDelegate-0731 07 .doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Closed Session
ITEM: (0.0.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
August 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V'"
tJt2-
,17
SUBJECT: 1.
Conference with Legal Counsel - Existing Litigation
Closed session pUrsuant to subdivision (a) of Government Code section 54956.9
(Three cases).
. City of Bakersfield v. Kern Delta Water District
Kern County Superior Court Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No. CIV242067
. Chanel McBride, and Deondre Donte Marzette, Jr., a minor, by and through
his Guardian Ad Litem, Yessenia Revles v. Valley Plaza Mall; General
Growth Properties; City Of Bakersfield; County off Kern
Kern Courity Superior Court Case No. S-1500-CV-259634-AEW
· Essex InsUrance Company v. City of Bakersfield, D.A.R.E., Inc., et al
Kern County Superior Court Case No. S-1500-CV-256273-AEW
VG:dll
S:ICQUNC IlICI SesslAdminsl07 -08108-15-07Existlil3lit.doc
ADMINISTRATIVE REPORT
MEETING DATE:
August 15, 2007
AGENDA SECTION: Hearings
ITEM NO: 14. GL,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
July 16, 2007
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY j(
CITY MANAGER ...a1J:2
SUBJECT: Jason's Retreat has applied for Modification No. 07-1040 to reduce the required off-street
parking for a 26-person residential facility with two employees from 22 spaces to 2 spaces in a C-
1 (Neighborhood Commercial) zone district located at 2000 Baker Street. An appeal of the Board
of Zoning Adjustment's decision was submitted by Jason's Retreat and J. McFadden Rentals,
property owner (Ward 2).
1. Resolution denying the appeal and denying Modification No. 07-1040.
RECOMMENDATION:
Staff recommends continuation to August 29, 2007 meeting.
BACKGROUND:
On June 21, 2007, the Board of Zoning Adjustment (BZA) considered a request to reduce required off-street
parking for a 26-person residential facility with two employees from 22 spaces to 2 spaces in a C-1
(Neighborhood Commercial) zone district located at 2000 Baker Street.
Prior to the BZA hearing, correspondence was received from Douglas Campbell of 605 Knotts and William
McCalla, a Certified Public Account whose office is directly across the street at 623 Grace Street. Mr. Campbell
stated that although he has no problem with the faCility itself he objects to the proposed lack of parking. Mr.
McCalla stated that his parking lot is being used, without his consent, by customers of other businesses in the
area and that in his opinion the proposal would worsen the current on-street parking shortage and requested
denial of the proposal. Dan Neil, speaking for Hulda Magnus of 2001 Baker Street, stated during the BZA
hearing that many of the neighbors in the area are against the proposal. He expressed concern about the ability
of two facility staff to oversee 26 residents living one block from a park and a school, stated that he is afraid that
the residents would overflow into the park and surrounding community, and urged denial of the proposal.
During the BZA hearing, a representative for the property owner, Jonathan Hudson, stated that after becoming
aware of staffs recommendation to require the partial development of the unimproved alley along the western
property boundary they would like to modify their proposal since they have plans to close the alley and develop
the surrounding properties to the north and west which are also owned by the owner of the subject property. He
stated that they would like to provide parking off-site in an existing two-car garage on the property immediately to
the west, not improve the alley, and continue with the application to close the alley and develop the whole comer.
Subsequent discussion occurred surrounding conditions of approval related to alley improvements and the
location of proposed parking both on-site and off-site, all which were different from the applicant's proposal and
staffs recommendation. No agreement between the BZA and the applicant could be reached. The proposed
July 17, 2007, 9:11AM
S:lDanaIADMINSI2OO7lAugIB-15-1040 BZA MOO.doc
ADMINISTRATIVE REPORT
page 2
modification was denied by the BZA by operation of law as a result of the failure of a motion to approve the
project as originally proposed, subject to conditions of approval.
The applicant and property owner filed an appeal of the BZA's decision on July 2, 2007. The letter of appeal
does not contain the reasons why the appellants believe the BZA's decision should not be upheld.
Pursuant to Bakersfield Municipal Code Section 17.64.060.B, the bllowing findings must be made in order to
grant a modification:
1. The granting of such modification would not be materially detrimental to the public welfare, nor
injurious to the property or improvements in the zone or vicinity in which the property is located; and
2. The granting of the modification is necessary to permit an appropriate improvement or improvements
on a lot or lots, including but not limited to, modification of such regulations for some or all lots within
a subdivision to facilitate zero-lot-line or other atypical subdivision development; and
3. The granting of the modification would not be inconsistent with the purposes and intent of Title 17 of
the Bakersfield Municipal Code.
With respect to required finding #1 above, based upon the correspondence submitted prior to the BZA hearing
from a neighborhood resident and the owner of a business across the street from the subject property and
testimony received during the BZA hearing from a neighborhood resident, the granting of the modification could
be materially detrimental to the pUblic v..elfare and injurious to properties in the immediate \4cinity.
With respect to required finding #2 above, the granting of the modification is not necessary to permit appropriate
improvements on the subject property as it is a fully developed property containing a single-family residence with
two accessory detached guesthouses. The size and shape of the 20,250 square foot subject property, either by
itself or in combination with the adjacent vacant properties to the north and west which are owned by the owner
of the subject property, are suitable to accommodate the redevelopment of the property with commercial uses
pursuant to the property's C-1 zoning without the need for a modification.
Because two of the three required findings cannot be made to allow the requested modification, it is
recommended that the appeal be denied.
July 17, 2007, 9:11AM
S:\DansIADMINS\2007lAug\8-15-1040 BZA MOD. doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Hearings
ITEM: 1'4. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD 5t,--
CITY ATTORNEY ~
CITY MANAGER 61vs
July 31, 2007
SUBJECT: General Plan Amendment/Zone Change 06-1002 (Bakersfield Sports Village) (Ward 6)
The City of Bakersfield, property owner, has applied for a general plan amendment and
zone change on 247 acres bounded by Taft Highway (State Route 119) on the south, Ashe
Road on the east, Gosford Road on the west, and the City of Bakersfield's Wastewater
Treatment Plant NO.3 on the north.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 06-1002,
2. Resolution adopting the general plan amendment changing the land use
designations from P (Public Facilities) to OS-P (Open Space-Parks) on 188 acres
and GC (General Commercial) on 37 acres.
3. First reading of ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 123-33 from A (Agricultural) to RE (Recreation) on 188 acres, C-
2/P.C.D. (Regional Commercial/Planned Commercial Development Combining) on
37 acres and M-1 (Light Manufacturing) on 22 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving the
general plan amendment, and first reading of the ordinance.
BACKGROUND:
The City of Bakersfield is proposing an amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan and an accompanying zone change to accommodate the development of the
247-acre Bakersfield Sports Village Project, which will provide state-of-the-art facilities for a number of
active sports and that is intended to meet both local recreational demands and to attract regional, state,
and national athletic competitions. The recreational component of the project consists of fields for
organized sporting events, including baseball/softball, football, and soccer; a community center with indoor
sports and meeting facilities; passive recreational amenities; multi-purpose trails; venue parking;
concession areas; picnic areas; restrooms; a lake (which will serve as a storm drainage facility); and on-
site offices for facility staff. In addition, two sites totaling 37 acres are proposed for commercial
development and 22 acres are proposed for a City corporation yard annex, police substation, fire station,
and additional City facilities and offices to support the various uses of the site.
ADMINISTRATIVE REPORT
Page 2
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a public
scoping meeting on February 27, 2007, an adequacy hearing to receive comments on the Draft EIR on
June 7, 2007, and a hearing on the Final EIR on July 5, 2007. The Final EIR was recommended for
certification by the Planning Commission on July 5,2007.
The Planning Commission conducted a public hearing on this general plan amendment/zone change and
recommended approval to the City Council on July 5, 2007. No individuals or agencies present at the
hearing opposed the request and the applicant agreed to all conditions and mitigation for the project.
Conditions and mitigation measures addressing aesthetics, biological resources, traffic/access, noise, air
quality, cultural resources, public services, utilities, environmental safety, and hydrology and water quality
are recommended as part of the project approval.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as
conditions of approval, and construction in accordance with the Uniform Building Codes, project related
aesthetics (cumulative light and glare impacts), air quality (cumulative impacts), noise (project mobile
noise impacts), and traffic/access (cumulative impacts) impacts would remain significant. Staff and the
Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring
and reporting program and the adoption of CEQA findings and a statement of overriding considerations as
required pursuant to State CEQA Guidelines Sections 15091 and 15093.
S:\GPA 2nd 2007\06-1002 {Sports Village EIR)\Staff Reports\Admin Report 8-15-07.doc
ADMINISlRA liVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Hearing
ITEM: IL\ C.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER (j1tJ's
July 26, 2007
SUBJECT: General Plan Amendment/Specific Plan/Zone Change 03-1544 and Development
Agreement Castle and Cooke California, Inc., the property owner, has applied for a general
plan amendment, specific plan adoption, zone change, and development agreement
approval for the West Ming project on 2,184 acres generally located between Ming Avenue
(extended) and the Southern Pacific Railroad, Buena Vista Road and future West Beltway.
(Ward 5 or 6 upon annexation)
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone Change No.
03-1544, known as the West Ming Project.
2. Resolution adopting the general plan amendment changing the land use designations
from R-IA (Resource - Intensive Agriculture), R-MP (Resource - Mineral Petroleum),
and OS (Open Space) to West Ming Specific Plan, and change the Kern River Plan
Element Land Use Designations from 8,1 (Intensive Agriculture), 8.1/2.1 (Intensive
Agriculture/Seismic Hazard Overlay), and 8.4 (Mineral and Petroleum) to the West Ming
Specific Plan, and amending the Circulation Element to change the Circulation Element
alignment of the collector roads within the project boundaries to deviate from the current
grid pattern, re-designate White Ln. and Ming Ave, (west of South Allen Road) from
arterials to collectors as shown in the West Ming Specific Plan.
3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan
Bakersfield General Plan and the Kern River Plan Element Land Use Elements to WM-
LR (West Ming - Low Density Residential) on 448 acres; to WM-LMR (West Ming - Low
Medium Density Residential) on 980 acres; to WM-HMR (West Ming - High Medium
Density Residential) on 378 acres, to WM-HR (West Ming - High Density Residential)
on 43 acres, to WM-GC (West Ming - General Commercial) on 41 acres, to WM-OC
(West Ming - Office Commercial) on 9 acres, to WM-MU (West Ming - Mixed Use) on 63
acres, and to WM-SU (West Ming - Special Use) on 220 acres.
4, Resolution approving amendment to Title 17 of the Municipal Code by adopting the
West Ming Specific Plan zoning for the project site changing the zoning to WM-R1
(West Ming One Family Dwelling Zone) on 448 acres, to WM-R2 (West Ming Limited
Multiple Family Dwelling Zone) on 1,358 acres, to WM-R3 (West Ming Limited Multi-
Family Dwelling Zone) on 43 acres, to WM-CO (West Ming Professional and
Administrative Office Zone) on 41 acres, to WM-GC (West Ming General Commercial
Zone) on 9 acres, to WM-TC (West Ming Town Center Zone) on 63 acres, and to WM-
SU (West Ming Special Use Zone) on 220 acres.
ADMINISTRATIVE REPORT
Page 2
5. First reading of ordinance approving the Development Agreement.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving
proposed general plan amendment, adoption of a resolution approving the West Ming Specific Plan,
adoption of a resolution approving the West Ming Specific Plan zoning, and first reading of ordinance
approving the development agreement.
BACKGROUND:
The West Ming project was considered by the City Council in early 2007, but was continued to this GPA
cycle at the request of the applicant to allow time for recirculation of the EIR. In late 2006 and early 2007,
the City of Shafter submitted comments either shortly before or on the date of the public hearing. In order
to respond to their comments and provide for the greatest public review, the "West Ming Recirculated Draft
Environmental Impact Report" received a 45-day public review period and the Planning Commission held
two public hearings since early 2007. Additional "Responses to Comments" have been prepared to
respond to comments received at the June 21, 2007 Planning Commission meeting. These are provided in
the Background attachment of this administrative report. The entire "Responses to Comments" document
adequately responds to all comments received on the Recirculated Draft EIR.
The project remains the same as originally considered in early 2007. The 2, 184-acre West Ming project is
on the edge of new development in southwest Bakersfield. The proposal would accommodate the
development of a new master planned community featuring a balance of residential, retail, employment,
recreation, and public facilities. A mixed-use Village Center is proposed as the focal point of the new
community, linked to residential neighborhoods by a system of multi-purpose trails and local streets. The
proposal consists of up to 7,450 dwelling units, a Town Center with 331,200 square feet of retail and office
development, 478,880 square feet of commercial and 1,135,000 square feet for special uses including
light industrial and oil extraction. The proposal features a Town Center as the retail and recreational focal
point, a variety of residential densities, public and private parks, trails and schools. The West Ming
Specific Plan contains Implementation Measures that will guide development of the master-planned
community. A Development Agreement which sets forth the developer's financial responsibilities in return
for the ability to proceed with the project in accordance with the existing policies, rules, and regulations is
proposed.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the original EIR and the
Recirculated EIR. The Recirculated Final EIR was recommended for certification by the Planning
Commission on June 21, 2007. Copies of the Recirculated Final EIR were provided to the City Council in
July 2007 and additional CDs and hard copies of the Final EIR are available in the City Clerk's Office.
The Planning Commission conducted a public hearing on this project on June 21, 2007. The City of
Shafter again submitted a late letter restating their previous comments regarding the construction of the
West Beltway across the Kern River Floodplain, its impact on the Buena Vista Lake Shrew, and water
supply. Staff is of the opinion all of Shafter's comments have been adequately responded to in the
Recirculated Final EIR. The Planning Commission considered all documents, comments and responses to
comments prepared for the project and recommended approval of the project to the City Council on June
21, 2007. The applicant has agreed to all conditions of approval and mitigation measures.
ADMINISTRATIVE REPORT
Page 3
The project includes an amendment to the Kern River Plan Element (KRPE), which is a joint document
between the County of Kern and the City of Bakersfield. As a requirement of the KRPE, each jurisdiction is
to refer a proposed amendment to the other agency for a recommendation, On June 12, 2007, the Board
of Supervisors unanimously recommended approval of the West Ming project.
Adoption of a Statement of Overriding Considerations is necessary for the following impacts that can not
be mitigated to a less than significant level: traffic impacts, increased noise levels and loss of agricultural
resources, and would remain significant.
Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation
monitoring and reporting program and the adoption of CECA findings and a statement of overriding
considerations as required pursuant to State CECA Guidelines Sections 15091 and 15093.
Jeng\ S:\West Ming Specific Plan\CC\AUG 15-07\GP A-SP-ZC Admin Report.doc
July 26, 2007