HomeMy WebLinkAbout01/16/08_CC_AGENDA_SPECIAL
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 16, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Labor Negotiator - Bill Avery; Closed Session pursuant to Government
Code Section 54957.6
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue)
c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. Victoria Rosales, et al v. City, et al
USDC Eastern District Court Case No. CV-05-237 REC TAG
2. CANYONS, LLC, and DKS Investments, LLC, v. City
Kern County Superior Court Case No. S-1500-CV-260175-AEW
3. DKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino, Canyons, LLC;
and General Holding, Inc., v City; Bakersfield City Council
Kern County Superior Court Case No. S-1500-CV-259731-LPE
4. John. M. Tarabino and Joseph a. Tarabino, and DKS Investments, LLC, v City
Kern County Superior Court Case No. S-1500-CV-257620-SPC
5. North Kern Water Storage District v. Kern Delta Water, et al (1st Point)
Tulare County Superior Court Case No. 96-172919
Fifth Appellate District Court Case No. F047706
California Supreme Court Case No. S 150976
6. City v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No. CIV242067
7. City v. City of Shafter (CEQA), et al
Kern County Superior Court Case No. S-1500-CV-260277-RJO
8. City v. North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
9. City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-1500-CV-260384-LPE
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Miguel Flores, St. Joseph's Parish.
7. PLEDGE OF ALLEGIANCE by Stephan Potter, 4th grade student at Discovery Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
(Ward 1)*
(Ward 3)
(Ward 3)
(Ward 5)
. - upon annexation
Minutes:
a. Approval of minutes of the December 12, 2007, Regular City Council Meeting.
Payments:
b. Approval of department payments from December 1, 2007 to January 4, 2008 in the amount
of $34,364,081.39 and self-insurance payments from December 1, 2007 to January 4, 2008
in the amount of $563,300.98.
Ordinances:
c.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 124-17) of the Municipal Code by changing the zoning to R-1 (One Family Dwelling) on
78.64 acres located at the northeast corner of S. Fairfax Road and E. Wilson Road.
(GPAlZC 07-1193) (Applicant: Mcintosh & Associates/Property Owner: Fairfax Holdings LP)
(FR 11/28/07)
Adoption of Ordinance approving the Notice of Exemption and amending Title 17 (Zone Map
No. 104-07) of the Municipal Code by changing the zoning from R-S-2.5A (Residential
Suburban-2.5 acre minimum lot size) to RE (Recreation) on 19.47 acres located along the
south side of State Route 178, east of Canteria Drive. (GPAlZC 07-1535) (Applicant!
Property Owner: City of Bakersfield) (FR 11/28/07)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
NO.1 04-15) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling)
to C-1/PCD (Neighborhood Commercial/Planned Commercial Development) on 4.59 acres
located on the northwest corner of Alfred Harrell Highway and State Route 178. (GPAlZC
06-2053) (Applicant: East West Developers/Property Owner: Malladi S. Reddy) (FR
11/28/07)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 123-29) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family
Dwelling) to C-O/PCD (Professional and Administrative Office/Planned Commercial
Development) on 22.46 acres located at the northwest corner of Gosford Road and
Berkshire Road. (GPAlZC 07-1218) (Applicant: Aaron Hashim/Property Owner: The Davis
Family Trust) (FR 11/28/07)
d.
e.
f.
2
City Council Meeting of 1/16/2008
12. CONSENT CALENDAR continued
(Ward 5)*
(Ward 5,6)"
(Ward 4)
(Ward 1)
(Ward 4)
g.
Adoption of Ordinance amending Title 17 (Zone Map No. 142-06) of the Municipal Code by
changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on approximately 235
acres and A to R-2 (Limited Multiple Family Dwelling) on approximately 78 acres generally
bounded by State Route 119 (Taft Highway) on the north, Curnow Road on the south, Old
River Road on the east and Buena Vista Road on the west. (GPAlZC 05-1420) (Applicant:
Marino and Associates/Property Owner: Bakersfield-Taft, LLC) (FR 11/28/07)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 123-32) of the Municipal Code by changing the zoning from A (Agriculture) to M-1 (Light
Manufacturing) on 45.4 acres located at the northwest corner of Gosford Road and the future
McKee Road. (GPAlZC 07-1365) (Applicant: Carl R. Moreland/Property Owner: Banducci
Land, LLC) (FR 11/28/07)
h.
Resolutions:
i. Resolution calling for the Mayor's Primary Election and requesting consolidation with the
County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 3, 2008.
j. 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 weeds, debris and
waste matter and authorize collection of the assessments by the Kern County Tax Collector.
Sewer Connection Fee Assessments for 13115 Monarch Palm Avenue:
k.
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Patrick A. Thompson and Karen J. Thompson to pay sewer
connection fee in installments and notice of special assessment lien.
I.
Sewer Connection and Construction Fees for the McDonald Area Sewer Project:
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. R. Paul Lackey and Lisa M. Lackey, 109 N. Stine Road
b. Frank R. Nunez and Guadalupe C. Nunez, 116 N. Stine Road
c. Christy L. Chappell & Steven A. Blake, 121 Suzanne Street
m.
Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
1. Area 1-80 (Calloway, Flushing Quail NE)
2. Area 1-81 (Renfro, Reina NW)
3. Area 1-82 (Jewetta, Etchart SW)
3
City Council Meeting of 1/16/2008
(Ward 4)
(Ward 2)
(Ward 1,7)
(Ward 1)
(Ward 1)
(Ward 5)
(Ward 5)
(Ward 4)
(Ward 5)
(Ward 3)
12. CONSENT CALENDAR continued
n. Resolution to extend the terms of existing PG&E franchise agreements for the use,
transmission, and distribution of gas and electricity within the City for a period of 90 days (to
May 19, 2008) under the existing terms and conditions.
o.
Resolution of Intention No. 1577 to add territory, Area 1-79 (Allen, Kratzmeyer NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1580 to add territory, Area 4-82 (34th Street from "Q" Street to
Union Avenue) to the Consolidated Maintenance District, preliminarily adopting, confirming
and approving Public Works Director's Report and setting time and place for hearing protests
to the proposed addition of territory.
Resolution of Intention No. 1583 to add territory, Area 5-37 (Berkshire, Madison S) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1584 to add territory, Area 5-42 (Washington, Feliz SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1585 to add 1erritory, Area 5-43 (White, S Union NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1571 to order the vacation of the 10 foot wide Public Utility
Easement in Tract No. 6295 (Phases 1 & 2) located north of the intersection of River Ranch
Drive and White Rock Drive.
p.
q.
r.
s.
t.
u.
Resolution of Intention No. 1574 to order the vacation of the 5 foot wide pedestrian walkway
at Stolle Court and N. Half Moon Drive.
v.
Amendment No. 1 to Resolution No. 192-06 acknowledging LAFCO proceedings for
Annexation No. 531 located north of Stockdale Highway, generally west of Renfro Road.
Agreements:
w.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Fairway Oaks South, L.P., for Tract
6894 located at the southeast corner of Mountain Vista Drive and Southern Pacific
Railroad.
2. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC and
Lennar Homes of California, Inc. for Tract 6328, Unit 3 located at the northwest
corner of Mountain Vista Drive and Berkshire Road.
x. Agreement with CompuCom Systems, Inc. ($201,604.58) to provide Microsoft licenses for
1029 computers.
y. Agreement with Environmental Systems Research Institute, Inc. ($42,678.13) to provide
licenses and software support for server and client software.
z.
Agreement with Meyer Civil Engineering, Inc. ($54,623) to provide engineering and design of
a storm water basin within the Breckenridge Planned Drainage Area.
4
City Council Meeting of 1/16/2008
(Ward 5)
(Ward 3)
(Ward 2)
(Ward 2)
12. CONSENT CALENDAR continued
aa. Environmental Impact Report (EIR) Processing:
1. Agreement with Land Consulting Services, Inc. (not to exceed $100,000) to assist the
Planning Division staff with EIR processing.
2. Appropriate $100,000 (developer's contribution) to the Development Services
operating budget.
Project Environmental Impact Report (PEIR) for Site Plan Review No. 07-2211 (Crossroads
Plaza) located north of Panama Lane to Harris Road, west of Gosford Road.
bb.
1. Agreement with Castle & Cooke Commercial-CA, Inc. for preparation of PEIR.
2. Agreement with RBF Consulting ($122,610) to prepare PEIR.
3. Appropriate $122,610 (developer's contribution) to the Development Services
operating budget in the General Fund.
cc. Agreement with Redflex Traffic Systems, Inc. for digital automated red light photo
enforcement cameras.
dd.
Breckenridge Planned Drainage Area Reimbursement Agreement:
1. Agreement with Mountain View Bravo, LLC, ($2,074,710) pertaining to storm drain
improvements in the City in the Hills Master Plan Community.
ee.
2. Appropriate $635,000 (developer's contribution) to the public works capital
improvement budget within the capital outlay fund for reimbursement payment for
public improvements constructed by developer.
Amendment NO.1 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($38,750;
revised not to exceed $145,390) for additional engineering and construction administration
services for the Mill Creek-Phase 1 (Central Park).
Amendment NO.2 to Agreement No. 06-172 with Housing Authority of the County of Kern
(HACK) to assign the agreement and all interest to Village Park Senior Apartments, L.P. for
the senior housing project located at 24th and R Streets.
ff.
Bids:
gg. Accept bid from Gibbs International, Inc. ($135,493.25) for one additional water truck for
Water Resources.
hh. Accept bid from Alhambra Foundry Co. ($83,011.50) for manhole and catch basin frames
and covers.
Miscellaneous:
ii. Revised job specification for Convention & Visitors Bureau Manager.
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City Council Meeting of 1/16/2008
12. CONSENT CALENDAR continued
jj. Community Services Committee Report regarding City swimming pool analysis (Committee
recommends acceptance of report, implementation of recommendations, approval of
appropriation and adoption of resolution.)
1. Hire an aquatics consultant to provide information on the status of Planz and Siemon
Park pools and make recommendations for future actions.
2. Cooperate with the Kern High School District and Old River Ranch Developers to
create a plan for the future provision and placement of a pool in southwest
Bakersfield.
3. Appropriate $400,000 Capital Outlay Fund Balance to the Parks Department Capital
Improvement Budget within the Capital Outlay Fund for conversion of Jastro Pool into
a spray park.
4. Resolution determining that wet play equipment for Jastro Park cannot be obtained
through the usual bidding procedures and authorizing the finance Director to
dispense with bidding therefore, not to exceed $130,000.
kk. Audit Reports for fiscal year ended June 30, 2007 (refer to Budget & Finance Committee):
1. Comprehensive Annual Financial Report (CAFR).
2. Independent Auditors Report - Single Audit Report - Schedule of Federal
Expenditures for the City.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to
the Bakersfield Subregional Wastewater Management Plan.
4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the
City.
5. Independent Auditors Report - Rabobank Arena, Theater, Convention Center,
Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre.
Staff recommends adoption of Consent Calendar items a through kk.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution making findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat Conservation Plan.
Staff recommends adoption of resolution.
6
City Council Meeting of 1/16/2008
13. CONSENT CALENDAR HEARINGS continued
(Ward 1)
b.
General Plan Amendment!Zone Change No. 07-2017; AMCAL Multi-housing has applied for
a general plan amendment and zone change on approximately 2.5 acres located at 701
Union Avenue.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) and
LR (Low Density Residential) to HR (High Density Residential) on approximately 2.34
acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 103-31) of the Municipal Code from C-2 (Regional Commercial)
and R-2 (Limited Multi-family Dwelling Residential) to R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on approximately 2.34 acres and C-2 to
C-2/PCD (Planned Commercial Development) on approximately .25 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
14. HEARINGS
(Ward 4)*
a.
Zone Change No. 07-1077; Jim Marino, Marino & Associates, has applied for a zone change
on approximately 27 acres located generally south of Hageman Road, west of Piedmont
Avenue and east of the Burlington Northern Santa Fe (BNSF) railroad. Jim Marino has also
filed an appeal of the Planning Commission decision. (Continued from 12/12/07 meeting)
1. First Reading of Ordinance approving the Negative Declaration, denying the appeal
and amending Title 17 (Zone Map Nos. 101-13 and 101-24) of the Municipal Code
by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) on
approximately 10 acres and from A to E (Estate Dwelling) on approximately 17 acres.
Staff recommends give first reading to ordinance.
b. Public Hearing per Section 2.76.130A2 of the Municipal Code to address employee health
benefits and related contracts.
2008 Health Care Plan Contracts:
1. Amendment No. 3 to Agreement 05-414 with Blue Cross of California for Indemnity
Health and Dental Services.
2. Amendment No. 3 to Agreement 05-415 with Blue Cross/California Care - Managed
Care Health Plan for Medical Services for employees and retirees.
3. Amendment No. 3 to Agreement 05-417 with Kaiser Permanente - Managed Care
Health Plan for Medical Services for employees.
4. Amendment No. 3 to Agreement 05-418 with Kaiser Permanente - Managed Care
Health Plan for Medical Services for retirees.
Staff recommends approval of agreements.
15. REPORTS
16. DEFERRED BUSINESS
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City Council Meeting of 1/16/2008
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
1/10/08 10:55 AM
~
Respectfully submitted,
~~d~
Alan Tandy
City Manager
8
City Council Meeting of 1/16/2008
AGENDA HIGHLIGHTS
JANUARY 16, 2008 COUNCIL MEETING
A Special Meeting will take place at 4:00 p.m. Roll Call will be taken, after which Council will adjourn
to the City Manager's Conference Room to discuss with legal counsel the following Closed Session
Items:
. Conference with labor negotiator;
. One case of potential litigation; and
. Nine cases of existing litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
CONSENT CALENDAR
Resolutions
Item 121. Resolution callinc for the Mavor's Primarv Election on Tuesdav. June 3. 2008. If no one
candidate receives a majority of the votes. a run-off election will be held in November.
Aareements
Item 12cc. Aareement with Redflex Traffic SYstems. Inc. for Dicital Automated Red Licht Photo
Enforcement Cameras. On April 10, 2002, Council approved an agreement with Redflex Traffic Systems,
Inc. to install digital automated red light photo enforcement cameras at various intersections. One of the
key elements was the payment of an $89 fixed fee per issued citation. Since the approval of that
agreement, the California Vehicle Code was amended to disallow payment based on the number of
citations generated. Any extensions or new agreements must base payments on a flat fee. Therefore, staff
negotiated a new agreement with Redflex. Details in the attached in the administrative report show this
program is not a money maker, but it has reduced the number of serious traffic accidents. Other key
elements of the agreement are detailed in the administrative report.
Item 12dd. Acreement with Mountain View Bravo. LLC for Reimbursement for Storm Drain ImDrovements
in the City in the Hills Master Plan Community (Breckenridce Planned Drainace Area) in the amount of
$635.000. As the master developer of the City in the Hills Master Plan Community, Mountain View Bravo,
LLC installed major infrastructure improvements in the area, including storm drain improvements that are
reimbursable through Breckenridge Planned Drainage Area (PDA). This Agreement provides that the City
shall make an initial reimbursement payment of $635,000, and that no amount of money beyond that
payment is guaranteed.
Item 12ee. Amendment No.1 to Acreement No. 07-192 with Mever Civil Encineerinc. Inc. for Additional
Enaineerina and Construction Administration Services for the Mill Creek-Phase 1 (Central Park) in the
amount of $38.750. for a total not to exceed amount of $145.390. The City asked that Meyer Civil
Engineering (Design Consultant) complete additional engineering and construction administration services
to meet the canal shutdown period that ended on January 1, 2008.
Miscellaneous
Item 120. Community Services Committee ReDort Recardinc City Swimminc Pool Analvsis and
Recommendation. The Community Services Committee requested staff to provide an assessment of
Siemon and Planz Pools to determine existing conditions and proposed improvements for replacement or
rehabilitation cost. Staff recommends the hiring of an aquatics consultant to provide the assessment and
Miscellaneous
Item 12jj. Community Services Committee Reoort Reoardino City Swimmino Pool Analysis and
Recommendation. The Community Services Committee requested staff to provide an assessment of
Siemon and Planz Pools to determine existing conditions and proposed improvements for replacement or
rehabilitation cost. Staff recommends the hiring of an aquatics consultant to provide the assessment and
make recommendations for future actions. The assessment will help determine if these pools should be
renovated, repaired or replaced.
The Committee also recommended that staff form a joint partnership with the City, Kern High School District
and Old River Ranch Development to create a plan for funding and constructing a new multi-use aquatic
facility in the southwest area to replace Jastro Pool.
Based on professional assessment of the condition of Jastro Pool, and the projected costs associated with
renovation, repairs and code compliance, staff recommended to the Committee to convert the pool into a
wet playground.
Currently, Vortex Aquatic Structures International Inc. (Vortex) is the manufacturer of the existing wet
playgrounds used at other parks within the City. Therefore, staff recommends dispensing with the bidding
process and awarding the contract to Vortex. It is also recommended that $400,000 be appropriated from
the Capital Outlay Fund Balance to the Parks Department Capital Improvement Budget be used for
conversion of the Jastro Pool into a wet playground.
Item 12kk. Audit Reoorts for FY 2006-07. These reports include the Comprehensive Annual Financial
Report (CAFR) and Independent Audit Reports. Staff recommends referring the audit reports to the Budget
and Finance Committee for review and subsequent recommendation to Council.
CONSENT CALENDAR HEARINGS
Item 13a. Public Hearino to Consider Resolution Makino Findinos and Uodatino the Caoitallmorovement
Plan for the Metrooolitan Bakersfield Habitat Conservation Plan. Approved by the City Council and Board
of Supervisors in December 2006, and effective February 13, 2007, the fee paid by developers increased
from $1,240 to $2,145 per acre to accommodate the recent increases in land prices and search for suitable
habitat lands to acquire for the program.
So far over 16,182 acres of endangered species habitat land have been credited to implementation of the
Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and our
agreement.
The Kern County Board of Supervisors took action to adopt a resolution confirming the current CIP on
December 18,2007. Staff is recommending adoption of the resolution updating the CIP for the MBHCP. It
is recommended that no changes in the CIP are necessary and that the update should be a confirmation of
the present plan. Staff will continue to monitor the adequacy of the CIP to ensure that the program meets
its obligations.
Item 13b. General Plan Amendment and Zone Chanoe on AooroximatelY 2.5 Acres. Located at 701 Union
Avenue. AMCAL Multi-housing proposes development of 56 multi-family residential units, in six buildings,
an associated community building, and a 3,600 square foot commercial building, on 2.5 acres of property.
The property is owned by the City, and redevelopment was pursued by the Economic Development
Department.
The Planning Commission conducted a public hearing on this general plan amendment and zone change
on December 20,2007, and recommended approval to the City Council. No individuals or agencies present
at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project.
January 16 2008 Agenda Highlights
Page 2
HEARINGS
Item 14a. First Readina of an Ordinance Adoptina the Neaative Declaration. Denvina the Appeal and
Approvina the Zone Chanae on Approximately 27 Acres Located South of Haaeman Road. West of
Piedmont Avenue. and East of Burlinaton Northern Santa Fe (BNSF) Railroad. The applicant. Jim Marino
of Marino and Associates, applied for a zone change to allow development of 10 acres of light industrial
along Hageman Road, and a maximum of 68 single family homes on ~-acre lots on the southern 17 acres
of the project site. The applicant is also requesting annexation into the City. The Planning Commission
conducted a public hearing on the proposed zone changes and recommended approval to the City Council
on October 18, 2007. The Planning Commission did not recommend adoption of the Negative Declaration.
Property owners to the east expressed 'concerns regarding traffic volumes. The Planning Commission had
concerns regarding transportation infrastructure, and the planned separation of grade at the intersection of
Hageman Road and the BNSF railroad, and the intersection of Hageman and Allen Roads to the west of the
project site. The Commission recommended a condition regarding the timing of the proposed development
which prohibits issuance of the Certificate of Occupancy before either the grade separation is completed, or
the traffic signal at Hageman Road and Santa Fe Way is constructed and operational, or two years and
eight months from the date of approval, whichever is earlier. The applicant is protesting this condition. City
planning staff supports the recommendation of the Planning Commission.
Item 14b. Employee Health Contracts. During the December 12, 2007 Council Meeting, the Council
approved the extension of the Health Care Contracts for Blue Cross PPO, Blue Cross HMO and Kaiser
HMO to January 31, 2008. The 30-day extension was to allow the City and the Insurance Committee to
continue to meet and confer regarding health plan changes.
Due to a $2.2 million (20%) increase in health insurance rates, it has been the staff position that some
action is necessary to reduce at least a portion of those costs through plan changes. That is particularly
true due to our increasingly difficult financial circumstances which seem to worsen with each day's news.
Renewal of the basic policies for the remaining 11 months is not in question. The one issue that is open
and in dispute is the implementation of a $25 Office Visit Co-pay for Blue Cross PPO, and increase the Blue
Cross HMO and Kaiser HMO from $20 to $25, thereby establishing some savings for both the City and
employees due to continued healthcare premium increases. The savings potential of the plan change is
$479,000 out of a rate increase of $2.2 million.
Staff and the Insurance Committee have met on numerous occasions to attempt to reach an accord. To
date, no agreement has been reached. Details regarding each of the meetings are contained within the
administrative report.
A mediator is to be brought in on January 14, 2008, as an additional step to seek a solution. More
information related to the results of that meeting will be provided to the City Council on or before the
January 16, 2008 Council meeting.
Approved:
Rhonda Smiley, Assistant to the City Manager 1!:5
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
January 16 2008 Agenda Highlights
Page 3
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
TO:
FROM:
DATE:
SUBJECT: 1.
AGENDA SECTION: Closed Session
ITEM: tl a..., 0( Lf b 0_
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 18, 2007
APPROVED
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es
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
2. Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One issue)
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S:ICQUNC ILICI SesslAdminsl07 -081 11-28-07LaborNegExistLitPotLit.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Closed Session
ITEM: '-f t..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 8, 2008
APPROVED
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es
DEPARTMENT HEAD
CITY ATTORN EY
CITY MANAGER
SUBJECT: Conference with Legal Counsel- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Nine cases).
. Victoria Rosales, et al v. City of Bakersfield, et al
USDC Eastern District Court Case No. CV-05-237 REC TAG
. CANYONS, LLC, a California limited liability company, and DKS Investments, LLC,
a California limited liability company v. the City of Bakersfield, and Does 1 through
50, inclusive
Kern County Superior Court Case No. S-1500-CV-260175-AEW
. OKS Investments, LLC, a California limited liability company; John M. Tarabino and
Joseph A. Tarabino, individuals; Canyons, LLC, a California limited liability
company; and General Holding, Inc., a California corporation v. the City of
Bakersfield; Bakersfield City Council; and does 1 through 50, inclusive
Kern County Superior Court Case No. S-1500-CV- 259731-LPE
. John M. Tarabino and Joseph A. Tarabino, individuals; and OKS Investments, LLC,
a California limited liability company v. the City of Bakersfield, a California municipal
corporation
Kern County Superior Court Case No. S-1500-CV-257620-SPC
. North Kern Water Storage District v. Kern Delta Water District, et al (1st Point)
Tulare County Superior Court Case No. 96-172919
Fifth Appellate District Court Case No. F047706
California Supreme Court Case No. S 150976
. City of Bakersfield v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No. CIV242067
. City of Bakersfield v. City of Shatter (CEQA), et al
Kern County Superior Court Case No. S-1500-CV-260277-RJO
. City of Bakersfield v. North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
. City of Bakersfield v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-1500-CV-260384-LPE
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S:ICQUNC ILICI SesslAdminsl07 -08101-16-08ExislLit9.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16,2008
AGENDA SECTION: Consent Calendar
ITEM: I ~ ~ ct ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
January 4, 2008
APPROVED
DEPARTMENT HEAD~/jl
CITY ATTORNEY
CITY MANAGER fs
SUBJECT: Approval of minutes of the December 12, 2007 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I J. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD A/~
CITY ATTORNEY /~
CITY MANAGER es
January 04, 2008
SUBJECT: Approval of department payments from December 01, 2007 to January 04, 2008 in the
amount of $34,364,081.39 and Self Insurance payments from December 01, 2007 to
January 04, 2008 in the amount of $563,300.98.
RECOMMENDATION:
Staff recommends approval of payments totaling $34,927,382.37.
BACKGROUND:
RAR
January 4,2008, 10:47AM
S:\RichardIAPIADMIN-AP. doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I ;) . ~~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
December 12, 2007
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY _
CITY MANAGER f!,s
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 124-17) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning to R-1 (One Family Dwelling Zone) on 78.64 acres,
located at the northeast comer of South Fairfax Road and East Wilson Road. (ZC 07-
1193 - Mcintosh & Associates, representing Fairfax Holdings LP, the property owner).
(Ward 1 f upon annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 28, 2007.
The proposal would allow for the development of 395 single family residential units on the project site.
This proposal is to annex the site to the city of Bakersfield. The city of Bakersfield is annexing the
areas east and north of the project site. A new high school (Mira Monte) is currently being
constructed and will be open for classes in the Fall of 2008.
The Planning Commission conducted a public hearing on this zone change on September 17th and
September 20th and then continued the item to the October 4th meeting where the Commission
recommended approval to the City Council.
There were several property owners in attendance at the September 20th public hearing to discuss
potential impacts from the project along East Wilson Road. The Planning Commission has
recommended that the developer dedicate and improve the northern right of way of East Wilson Road
with any future development. Also, the developer shall be required to install traffic signals and
associated ramp improvements at the eastbound ramp of State Highway 58 at Fairfax Road. Other
local mitigation includes paying for future lane addition improvements to the intersections of Fairfax
Road at Brundage Lane, Fairfax Road at Highway 58 westbound ramp and Fairfax Road at Muller
Road. In addition, the developer must pay Regional Traffic Impact Fees (RTIF) for each residential
unit which will help pay for road improvements and additional lanes for Fairfax Road in the City and
County area. No agencies were present at the hearing and the applicant agreed to all conditions and
mitigation for the project. Likewise, the developer shall be required to dedicate and improve the
frontage of South Fairfax Road with the development of the project site.
ADMINISTRATIVE REPORT
Page 2
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 August 17,
2007, in accordance with CEOA.
MO:dc\\S:\GPA 3rd 2007\07-1193\Admin SR\Adm Rpt 2 _ 07-1193.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: J~. d. ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
December 3, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
71/'
i8JnJ-
R.s
SUBJECT: Adoption of an Ordinance approving a Notice of Exemption and amending Section
17.06.010 (Zone Map No. 104-20) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-S-2.5A (Residential Suburban-2.5acre minimum lot size)
to RE (Recreation) on 19.47 acres located along the south side of State Route 178, east
of Canteria Drive. (ZC 07-1535 - City of Bakersfield) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 28, 2007.
The proposal would bring the City-owned Sportspark facility into consistency with the recreational use
of the property.
The Planning Commission conducted a public hearing on the proposed general plan amendment and
the concurrent zone change to RE (Recreation) on approximately 19.47 acres and recommended
approval of the project to the City Council on September 20, 2007. No individuals or agencies present
at the hearing opposed the request.
Staff determined that the California Environmental Quality Act (CECA) pursuant to Section 15301 (d)
does not apply to the proposed project. The project does not have the potential to cause significant
adverse effects to the environment, since the project involves an existing facility and no expansion to
the existing use. Therefore, a Notice of Exemption was prepared, in accordance with CEQA.
S:\GPA 3rd 2007\07-1535\Admin SR\Admin Report07-1535 2nd Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;:).... e-.
December 10, 2007
CITY ATTORNEY
CITY MANAGER R..s
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Adoption of an ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-15 from R-1 (One Family
Dwelling) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development)
on 4.59 acres located on the northwest corner of Alfred Harrell Hwy and State Route
178 (ZC 06-2053 - East West Developers, representing Malladi S. Reddy) (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 28, 2007.
The proposal would allow for the development of 4 buildings totaling approximately 22,050 square
feet of gross leasable area and approximately 135 parking spaces; the buildings will include two
multiple-tenant retail structures, a convenience store and a gas pumps structure.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 20,2007, and recommended approval to the City Council.
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 August 9,
2007, in accordance with CECA.
RB-S:\GPA 3rd 2007\06-2053\Staff Reports\Admln Report 2nd Readlng.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I .~,. 1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
December 12,2007
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY _
CITY MANAGER R-s
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-29) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from R-2 (Limited Multiple Family Dwelling Zone) to C-
O/PCD (Professional and Administrative Office/Planned Commercial Development
Zone) on 22.46 acres, located at the northwest comer of Gosford Road and Berkshire
Road (future alignment). (ZC 07-1218 - Aaron Hashim, representing The Davis
Family Trust, the property owner). (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 28, 2007.
The proposal would allow for the development of office commercial uses on the 22.46 acre project
site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 20,2007. No individuals or agencies were present at the
hearing and the applicant agreed to all conditions and mitigation for the project.
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 August 7,
2007, in accordance with CEOA. Notice was also given to the industrial owners in the vicinity of the
project site.
MO:dc\\S:\GPA 3rd 2007\07-1218IAdmin SRlAdm Rpt 2 _ 07-1218.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I J.., q .
lJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
December 10, 2007
CITY ATTORNEY
CITY MANAGER R..s
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 142-06) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from A
(Agriculture) to R-1 (One Family Dwelling) zone on approximately 235 acres and A to
R-2 (Limited Multiple Family Dwellings) zone on approximately 78 acres generally
bounded by State Route 119 (SR-119) (Taft Highway) on the north, Curnow Road to
the south, Old River Road to the east and Buena Vista Road to the west. (ZC 05-1420
Marino and Associates, representing Bakersfield-Taft, LLC) (Ward 5, upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 28, 2007.
Upon annexation into the City, the proposed zone change would allow for the development of
approximately 1,300 single-family residential dwelling units on the 313% acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 20, 2007 and October 4, 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 could have a significant
environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Final EIR
was certified by the City Council on November 28,2007. 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, aesthetic and traffic impacts would
remain significant. Therefore, adoption of CEQA findings and a statement of overriding
considerations by the City Council were required pursuant to Sections 15091 and 15093 of the State
CEQA Guidelines.
RB:S:\GPA 3rd 2007\05-1420 (Bakersfield-Taft EIR)\Staff ReportlAdmin 2nd reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I d... /1"
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
December 10, 2007
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY~
CITY MANAGER Es
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 123-32) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) on 45.4 acres
generally located at the northwest comer of Gosford Road and future McKee Road. (ZC
07-1365 - Carl R. Moreland, representing Banducci Land, LLC) (Ward 5/6, upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 28, 2007.
The proposal would allow for the development of light industrial land uses on the 45.4 acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on September 20, 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 August 9, 2007, in
accordance with CEQA.
RB: S:\GPA 3rd 2007\07-1365\Staff Reports\Aclmin Report 2nd Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: CONSENT CALENDAR
ITEM: 1 ~o /,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
January 4, 2008
APPROVED
DEPARTMENT HEAD e
CITY ATTORNEY
CITY MANAGER ;:s
SUBJECT: Resolution calling for the Mayor's Primary Election and requesting consolidation with the
County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 3, 2008.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The California Statewide Direct Primary Election is set for June 3, 2008. The City Charter requires that a
Primary Municipal Election for the Office of Mayor be held concurrently with the Statewide Direct Primary.
This resolution requests the County Board of Supervisors take the necessary steps to consolidate this
election.
The filing period for the Office of Mayor begins February 11, 2008 and ends March 7, 2008. If no one
candidate receives a majority, the Charter provides for a run-off election to be held in November 2008. In
either case, the new Mayor will take office on January 5,2009.
Included for Council review is the Clerk's Election Calendar. This calendar provides information regarding
filing deadlines, campaign reporting deadlines and other important dates. It is available to the public from
the City Clerk's Office and on the City's Web Page.
pi
January 4, 2008, 12:12PM
S:\Election\ADMIN RPTS\Admin Mayor Primary 2008.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent
ITEM l.:).. i,
l.)
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEA~~ ~S~
December 28, 2007 CITY ATTORNEY ~
CITY MANAGER . b
SUBJECT: Property Abatements
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 weeds,
debris and waste matter and authorize collection of the assessments by the Kern
County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on December 10, 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.
2.
3.
4.
Lot So. Of 3405 Anderson
1801 Filson St.
1819 Filson St.
3508 Horne St.
172-091-08-00-2
172-043-04-00-9
172-043-09-00-4
172-091-33-00-4
$ 544.00
$ 449.00
$ 698.00
$ 689.00
December 19, 2007, 2:31PM
C:\Documents and Setlings\bbrown\Desktop\ADMIN\admin report Jan.2008.doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
5. 2505 Lee Dr. 022-231-15-00-8 $ 1,099.00
6. 1214 Murdock St. 018-111-12-00-3 $ 550.00
7. 727 N St. 009-332-10-00-2 $ 475.00
8. 905 P St. 009-162-13-00-2 $ 494.00
9. 913 P St. 009-162-09-00-1 $ 494.00
10. 1030 P St. 009-052-12-00-7 $ 1,348.00
11. 5508 Sig na St. 412-152-10-00-0 $ 1,450.00
12. 315 T St. 010-064-04-00-1 $ 398.00
13. 917 10th St. 009-162-19-00-0 $ 450.00
Ward 21Councilmember Sue Benham
14. 131 Bernard St. 012-021-08-00-4 $ 450.00
15. 1800 Baker St. 013-090-09-00-8 $ 394.00
16. 1809 Buena Vista St. 008-312-03-00-9 $ 450.00
17. 2417 Chester Ln 007-310-05-00-4 $ 500.00
18. 347 Cypress St. 008-111-04-00-7 $ 399.00
19. 417 Cypress St.. 007-402-06-00-7 $ 875.00
20. 2334 Dracena St. 007-321-20-00-7 $ 689.00
21. 233 Eye St. 010-280-07-00-6 $ 490.00
22. 629 Eye St. 009-281-05-00-7 $ 589.00
23. 715 Eye St 009-251-05-00-8 $ 619.00
24. 1200 K St. 006-450-13-00-1 $ 500.00
25. 1725 Maple Ave. 007-195-14-00-1 $ 460.00
26. 1801 Maple Ave. 007 -195-12-00-5 $ 485.00
27. 1903 Maple Ave. 007-195-06-00-8 $ 560.00
28. 725 Pacific St. 013-270-21-00-4 $ 410.00
29. 2725 San Emidio St. 007-054-02-00-8 $ 360.00
30. 811 28th St. 002-104-02-00-7 $ 650.00
Ward 3/Councilmember Ken Weir
31. 2700 Pomona St. 021-361-14-00-6 $ 394.00
Ward 41Councilmember David Couch
32. 10211 Crandon Park Dr. 500-312-09-00-6 $ 789.00
33. 1404 Dunaire Dr. 496-384-06-00-2 $ 989.00
34. 9817 Mona Lisa Ln. 525-051-16-00-5 $ 500.00
35. 4329 Range Dr. 527-144-04-00-1 $ 794.00
December 19, 2007, 12:49PM
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ADMINISTRATIVE REPORT
Page 3
PROPERTY LOCATION
APN
COST
Ward 5/Councilmember Harold Hansen
36.
37.
2516 EI Portal Dr.
9900 Metherly Hill Rd.
381-071-08-00-0
500-144-01-00-7
$ 1,050.00
$ 550.00
Ward 6/Councilmember Jacquie Sullivan
38.
39.
1201 McDonald Way
5400 Silvergate St.
164-311-10-00-1
498-304-24-00-4
$ 594.00
$ 784.00
Ward 7/Councilmember Zack Scrivner
40.
41.
1500 Pacheco Rd. Sp. # 19
2400 Trentino Ave.
171-200-19-00-1
514-644-19-00-6
$ 674.00
$ 499.00
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.
December 17, 2007, 4:04PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report Jan.2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;). J<(,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APCOVED
~
;3ttU
R..s
SUBJECT: Sewer Connection Fee Assessments (Ward 4):
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Patrick A. Thompson & Karen J. Thompson 13115 Monarch Palm Av.,
to pay sewer connection fee in installments and notice of special assessment lien.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 13115 Monarch Palm Avenue desire to connect their
property to the City sewer system. The property owners claim that to pay the sewer connection fee in one
payment would produce an economic hardship. To assist in paying the connection fee the City has
contracted with the property owners to spread the connection fee over a five (5) year period to be
collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This
resolution authorizes the Kern County Tax Collector to collect the connection fee in five equal payments
over the next five years.
dc
S:\PROJECTS\SewerConFee\Admin\13115 Monarch Palm AV.doc
December 4, 2007, 1 :33PM
ADMINISTRATIVE REPORT
MEETING DATE: JANUARY 16,2008
AGENDA SECTION: Consent Calendar
ITEM: / ..).,. f.
January 8, 2008
.~I!J!9. VED
DEPARTMENT HEAD ~
CITY ATTORNEY i8!tZ4-:///
11----/ /
CITY MANAGER lr ../
j' ../'
Sewer Connection and Construction Fees for the McDonald Area Sewer Project. (Ward 1):
Raul M. Rojas, Public Works Director
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
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. R. Paul Lackey & Lisa M. Lackey 109 N. Stine Road
b. Frank R. Nunez & Guadalupe C. Nenez 116 N. Stine Road
c. Christy L. Chappell & Steven A. Blake 121 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\01-16-08 McDonald Adm.doc
January 8, 2008, 11 :20AM
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: J a. m,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY ~
CITY MANAGER Rs
December 19, 2007
SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Ward 4)
1. Area 1-80 (Calloway, Flushing Quail NE)
2. Area 1-81 (Renfro, Reina NW)
3. Area 1-82 (Jewetta, Etchart SW)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On December 12, 2007 the Council adopted Resolution of Intention No's. 1578, 1581
and 1582 to add the above territories to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones
of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been
installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owners of the properties described above which
waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also
have submitted Proposition 218 ballots 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,
covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
Jan16_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 16,2008
AGENDA SECTION: Consent Calendar
ITEM: I;:). t1 ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 8, 2008
SUBJECT: Resolution to extend the terms of existing PG&E franchise agreements for the use,
transmission, and distribution of gas and electricity within the City of Bakersfield for a period
of 90 days (to May 19, 2008) under the existing terms and conditions.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On January 20, 1958, the City Council granted Pacific Gas and Electric Company ("PG&E") franchises to
use, transmit, and distribute gas and electricity within the City of Bakersfield. The term of each franchise
was for a period of 50 years. The franchises are due to expire on or about February 19, 2008.
PG&E has requested in writing that the City Council extend the terms of the existing franchises for a
period of 90 days in order to allow the parties to finalize and submit to the City Council new franchise
ordinances. Adoption of this resolution extends the existing franchises, under the same terms and
conditions as exist now, for a period of 90 days (until May 19, 2008).
City Staff has begun discussions with representatives from PG&E regarding the franchise renewals. This
extension will allow for continuation of service to City residents and businesses as well as continuation of
franchise revenue to the City during the period negotiations are taking place.
RMS:15C
S:\COUNCIL\Admin5\07 -08 Admin5\PG&E.Franchi5eExt.doc
January 8,2008, 12:38PM
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;) ,D.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD..:lt\A
CITY ATTORNEY /t3Jn4-
CITY MANAGER R.s
December 19, 2007
SUBJECT: Resolution of Intention No. 1577 to add territory, Area 1-79 (Allen, Kratzmeyer NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. 0Nard 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. 7093 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 1-79 is generally bounded by Snow Road on the north, Allen Road on the
east, Kratzmeyer Road on the south and Jenkins Road on the west. This area will be under the
streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next qty
Council meeting.
".i;\
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 19,2007, 11:30AM
MD1-79Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: t~, D,
T
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 4, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER R..s
SUBJECT: Resolution of Intention No. 1580 to add territory, Area 4-82, (34th. Street from "a"
Street to Union Avenue) to the Consolidated Maintenance District, preliminarily
adopting, confirming and approving Public Works Director's Report and setting time
and place for hearing protests to the proposed addition of territory. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The City is proposing to construct median Islands and install street landscaping
including trees, lights and automatic irrigation in 34th. Street between "Q" Street and Union Avenue. To
provide for the maintenance of the street landscaping this resolution proposes to add territory Area 4-82,
(34th Street) to the Consolidated Maintenance District. Area 4-82 is generally bounded by Union Avenue
on the east, "Q" Street on the west, 36th. Street on the north, 33rd Street on the south with all maintenance
improvements being on 34th. Street. This area will be under the streetscape zone of benefit and when
street landscaping has been installed, assessed an amount for street tier 2.
The Resolution sets the date of March 12, 2008 for the protest hearing.
December 4, 2007, 9:12AM
P:\34th Street MD\MD 4-82 Rei Adm.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: i d . C1
V
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 2, 2008
APPROVED
DEPARTMENT HEAD 1'~ v.,
CITY ATTORNEY iB1fiU
CITY MANAGER R.s
SUBJECT: Resolution of Intention No. 1583 to add territory, Area 5-37 (Berkshire, Madison S) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Wards 1 and 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No.'s 6585 and 6755 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 5-37 is generally bounded by East
Berkshire Road on the north, a line approximately 660 feet east of Madison Street on the east, East
Hosking Avenue on the south and a line approximately 606 feet west of Madison Street on the west. This
area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels
when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owners of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also
has submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdividers/developers to be recorded with the
subdivision maps. A copy of these covenants are attached for reference.
mr
January 2,2008, 12:17PM
MD5-37Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I.:J. r I
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER Rs
January 4, 2008
SUBJECT: Resolution of Intention No. 1584 to add territory, Area 5-42 (Washington, Feliz SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11782 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 5-42 is generally bounded by Feliz Drive on
the north, Washington Street on the east, a line approximately 660 feet north of E. Belle Terrace on the
south and a line approximately 1,660 feet west of Washington Street on the west. This area will be under
the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 4, 2008, 3:43PM
Document1
ADMINISTRATIVE REPORT
MEETING DATE: January 16,2008
AGENDA SECTION: Consent Calendar
ITEM: r J . C-;,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 2, 2008
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY f31;14
CITY MANAGER es
SUBJECT: Resolution of Intention No. 1585 to add territory, Area 5-43 (White, S. Union NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11785 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 5-43 is generally bounded by a line
approximately 530 feet north of White Lane on the north, a line approximately 640 feet east of S. Union
Avenue on the east, White Lane on the south and S. Union Avenue on the west. This area will be under
the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 2,2008, 12:33PM
MD5-41 Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I a,-t.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 18, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER R..s
SUBJECT: Resolution of Intention No. 1571 to order the vacation of the 10 foot wide Public Utility
Easement in Tract No. 6295 phase 1 and 2. Tract No. 6295 is located northerly of the
intersection of River Ranch Drive and White Rock Drive. (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, JP/CP Development Inc., a California Corporation, is requesting the vacation of the
10 foot wide Public Utility Easement in Tract No. 6295 phase 1 and 2 excepting therefrom, that portion of
the public utility easement on and across Lot 22. Tract No. 6295 phase 1 and 2 are located northerly of
the intersection of River Ranch Drive and White Rock Drive. All the utilities are located in the privet
streets right of way with in Tract No. 6295 phase 1 and 2 and the P.U.E. is not needed. The property is
being developed into residential lots.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on December 17, 2007 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of January 30, 2008, on the
proposed vacation.
G:\GROUPDA l\ADMINRPT\2008\01-16\ROI 1571 Tract 6295 Consent Calendar.doc
,-...
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;). , i-l.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 19, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER f.s
SUBJECT: Resolution of Intention No. 1574 to order the vacation of the 5 foot wide Pedestrian
Walkway at Stolle Court and North Half Moon Drive. (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owners, and residents of Stolle Court, are requesting the vacation of the 5 foot wide
Pedestrian Walkway. The request is to stop vandalism, graffiti, and for the safety of the area residents.
The location is at the south end of Stolle Court (cui de sac) at North Half Moon Drive.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on October 26, 2007 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of January 30, 2008, on the
proposed vacation.
G:\GROUPDAl\ADMINRPT\2008\01-16\ROI1574 Pedestrian Walkway Stolle Admin-Consent Calendar.doc
.~
, ADMINISTRATIVE REPORT
MEETING DATE: January 16,2008
AGENDA SECTION: Consent Calendar
ITEM: (J.., v.
TO: Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
December 20, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER es
SUBJECT: Amendment No. 1 to Resolution 192-06 acknowledging LAFCO proceedings for
Annexation No. 531 (north of Stockdale Highway, generally west of Renfro Road)
(Ward 4)
Recommendation:
Staff recommends adoption of the resolution.
Background:
On July 19, 2006, pursuant to Resolution No. 192-06, this Council approved proceedings for
annexation of certain territory identified as Annexation No. 531 (located north of Stockdale Highway,
generally west of Renfro Road). A portion of the property originally included in the proceedings was
deleted, at the request of the owner, and is now being proposed for annexation by the owner under a
separate application with the City. This resolution will acknowledge that Annexation No. 531, with this
amendment, has been approved by LAFCO.
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: f;J.. k).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD -g1j ""'-
CITY ATTORNEY ~
CITY MANAGER !!s
December 28, 2007
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Fairway Oaks South, L.P., for Tract
6894 located at the southeast corner of Mountain Vista Drive and Southern Pacific
Railroad. (Ward 5)
2. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC,
and Lennar Homes of California Inc., for Tract 6328 Unit 3 located at the northwest
corner of Mountain Vista Drive and Berkshire Road. (Ward 5)
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
December 28, 2007, 9:09AM
G:\GROUPDA l\ADMINRPT\2008\01-16\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I .} .)( .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
December 26,2007
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY ~
CITY MANAGER R.s
SUBJECT: License Agreement with CompuCom Systems, Inc., to provide Microsoft
Licenses for 1029 Computers in the amount of $201,604.58.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: On August 18, 2004, the Council approved a five year Enterprise Agreement (Contract
No. 04-241) with Microsoft Corporation that allows the City to install the latest version of Microsoft
products on City computers. In accordance with the original agreement the City inventories all Microsoft
licenses being utilized during the year and pay for only those licenses being used. This year the cost of
licenses being used total $201,604.58. The agreement covers server and desktop software that is used for
producing letters and spreadsheets and for running the City's Servers, databases and website. This
amount is available in the Information Technology operating budget.
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
December 28, 2007
APPROVED
DEPARTMENT HEAD 011>
CITY ATTORNEY~
CITY MANAGER f..s
SUBJECT: License Agreement with Environmental Systems Research Institute, Inc.,(ESRI), to provide
Licenses and Software Support for server and client software in the amount of $42,678.13.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: The City has used ESRI software for GIS since 2000. As Geographic Information
Systems (GIS) have grown over the years, we have increased our licenses for ESRI software and
maintenance. This year the license maintenance cost has risen from 31,139.16 to $58,840.88 due to
additional software purchases throughout City departments over the last year. Last year the City
purchased one Arclnfo and four ArcEditor licenses for various departments and an ArcGIS Server and
extensions. The ArcGIS server will allow the City to do basic editing of data, analysis, and mapping for the
nontraditional GIS users. The cost of annual maintenance for the server software, the main reason for the
increase in maintenance, will allow us to increase the usage of GIS while reducing the need to purchase
additional desktop software, licenses and annual maintenance. Information Technology has negotiated a
onetime discount which reduced our yearly maintenance to $42,678.13 for this year. This agreement
covers server and desktop software that is used for producing maps, maintaining Ward boundaries, parcel
lines, etc. This amount is available in the Information Technology operating budget.
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER R.s
December 21, 2007
SUBJECT: Consultant agreement with Meyer Civil Engineering, Inc. ($54,623) to provide Engineering
and Design of a storm water basin within the Breckenridge Planned Drainage Area (yVard
3).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The Breckenridge PDA is currently part of Ordinance Section 16.32.060 of the
Bakersfield Municipal Code relating to Drainage Facilities. In 2005, Meyer Civil Engineering performed the
initial update to the Breckenridge PDA Study.
As progression of development has significantly changed the characteristics of the watershed within the
Breckenridge PDA, an update and modification to the existing PDA Study is warranted. City staff
submitted a Request for Proposal to Meyer Civil Engineering, Inc. and received a response as referenced
in "Exhibit A." The scope of work to be completed consists of preliminary soils report and preparation of
plans and specifications for "Basin 1" and to act as a liaison with Kern County for the construction of said
basin. Due to Meyer Civil Engineering, Inc.'s thorough understanding and familiarity with the Breckenridge
PDA, along with their experience in the field of storm water basin design, staff recommends accepting the
proposal.
December 21, 2007, 1 :35PM
G:\GROUPDAT\ADMINRPT\2008\01-16\Admin Report - Meyer Civil Engineering.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16,2008
AGENDA SECTION: Consent
ITEM: I ri.ct.t:\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
December 12, 2007
CITY ATTORNEY
CITY MANAGER e.s
SUBJECT: Environmental Impact Report (EIR) Processing:
1. Agreement with Land Consulting Services, Inc. (not to exceed $100,000.00) to assist
the Planning Division staff with the processing of Environmental Impact Reports.
2. Appropriate $100,000.00 developer's contribution to the Development Services
operating budget.
~
RECOMMENDATION:
Staff recommends approval of agreement and appropriation of funds.
BACKGROUND:
In order to process the current number of projects requiring Environmental Impact Reports (EIRs), it is
necessary to hire a professional environmental consultant to assist Planning Division staff.
Land consulting services, Inc. is currently providing processing staff support for both the Ashe
Road/Panama Lane EIR and the West Village EIR. The Planning Division is processing more than a
dozen EIRs and we need very specialized help to keep these projects moving at a timely pace.
Land Consulting Services, Inc. is qualified to support staff on an "as needed" basis in order for the City
development applicants to comply with CEQA for complex planning and development applications as they
are submitted to the City for consideration.
The funds to pay for consultant costs come directly from the project applicants. This funding source
typically paid for staff's time and materials to process the Environmental Impact Reports. No city funding is
required for this contract.
December 12, 2007, 4:51PM
S:\Dana\ADMINS\2008\Jan\1-16-EIR Land Consulting Servlces Agreement.doc
MAD for MG
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: /.':; . bb "
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Develop'ment Services Director DEPARTMENT HEAD~k..Sh
CITY ATTORNE7 ~
CITY MANAGER Rs
December 19, 2007
SUBJECT:
Project Environmental Impact Report (PEIR) for Site Plan Review No. 07-2211
(CROSSROADS PLAZA) located north of Panama Lane to Harris Road, west of Gosford
Road. (Ward 5).
1. Agreement with Castle & Cooke Commercial-CA., Inc. for the preparation of a
Project Environmental Impact Report (PEIR).
2. Agreement with RBF Consulting ($122,610.00) to prepare a Project Environmental
Impact Report (PEIR).
3. Appropriate $122,610.00, (developer's contribution) to the Development Services
Operating budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of the agreeme'nts and the appropriation of funds.
BACKGROUND:
Castle & Cooke Commercial-CA., Inc. is proposing the development of a commercial center consisting
of a 196,175 square foot building and garden center consisting of 10,817 square feet, restaurants
(including drive-thru) containing 30,336 square feet, and a community retail center consisting of
552,407 square feet on the 74 acre project site located north of Panama Lane to Harris Road, west of
Gosford Road.
Applicant - City Agreement:
This agreement acknowledges that Casfle & Cooke Commercial-CA., Inc. will pay for all costs
associated with the preparation of the Project Environmental Impact Report (PEIR). The total cost of
the PEIR is $163,071.00, which consists of $122,610.00 for the consulting services and $40,461.00 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 a PEIR for Site Plan Review No.
07-2211 by RBF Consultants.
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: f f:). L-C-,
TO:
Honorable Mayor and City Council
W[VED
DEPARTMENT HEAD
CITY ATTORNEY fJI./
f lJ,-
CITY MANAGER B...
FROM:
W. R. Rector, Chief of Police
DATE:
January 4, 2008
SUBJECT: Agreement between the City of Bakersfield and Redflex Traffic Systems, Inc., for Digital
Automated Red Light Photo Enforcement Cameras.
RECOMMENDATION: Staff recommends Council approve the agreement.
BACKGROUND:
On April 10, 2002 the City Council approved Agreement 02-094 with Redflex Traffic Systems, Inc. to install
digital automated red light photo enforcement cameras at various intersections throughout the City. The
key elements of the agreement were: (1) the contract term was for 5 years with the option of two 1 year
extensions, (2) Redflex would construct and maintain the system, (3) there would be systems installed at 6
intersections with 12 approaches, with the option of 4 more intersections and 8 more approaches, and (4)
a fixed fee of $89.00 per issued citation.
Since the approval of Agreement 02-094, the California Vehicle Code [VC 21455.5(g)] has been amended
to disallow payments based on the number of citations generated. Any extensions or new agreements
must base payments on a flat fee. Therefore, in order for the City to continue the Red Light Photo
Enforcement Program, City Staff has negotiated a new agreement with Redflex Traffic Systems, Inc.
Key elements of the new agreement are:
· 5 year term (commencing February 1, 2008) with two one year extensions at the option of the
City.
· Flat Fee Billing
o Flat fee of $1,000/ month per approach for the four existing approaches with the lowest
citation history. (An approach is a traffic signal controlled lane of travel. The approaches
with the lowest citation histories are: Chester and Brundage - Northbound; Coffee and
Truxtun - Southbound Straight Through Lanes; Coffee and Truxtun - Southbound Turn
Lanes; and Eastbound California and Oak Street.
o Flat Fee of $4,200 / month per approach for the eight remaining approaches.
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 07-08IADMIN RPT - 2007 REDFLEX AGT.doc
1/8/2008 10:38 AM Page 1 of 3
ADMINISTRATIVE REPORT Page 2
o Future Approaches will cost $6,070/ month per approach upon installation (Agreement
allows for an additional 10 intersections / 20 approaches).
· Cost Neutrality- The City will never be required to pay Redflex more than actual cash received.
· Annual Price Increase based on CPI
· Free upgrades to include Streaming Video at all approaches
In FY2006-07 the BPD averaged approximately 453 red light citations per month, with an average monthly
payment to Redflex of $40,340.00. The net revenue to the City (including personnel costs) from citations
issued during FY2006-07 was approximately $814.00 (based on payments made through 12/19/07). Net
revenue has fluctuated depending on the fines levied by the Traffic Courts.
Under the new fee structure, the monthly fixed payment for the twelve existing approaches will be
$37,600 for the first year. This would yield $33,730 net revenue to the City, assuming the same number of
citations are issued in 2008 as were issued in 2007. This is now a fixed payment and will not fluctuate
based on fines collected by the traffic courts.
Broadside collisions, which frequently result in serious injury, have decreased at photo enforced red light
intersections. While rear-end collisions have slightly increased since the installation of the cameras,
injuries and associated vehicle damage are usually much less significant.
The table below outlines the history of rear-end and broadside collisions at the photo enforced
intersections.
# MONTHS REAR-END BROADSIDE
INTERSECTION ON-LINE
PRE POST %~ PRE POST %~
Bernard/Oswell 50 9 16 78% 23 12 -
48%
Chester/Brundage 50 49 24 -51% 37 9 -
76%
CoffeelTruxtun 48 56 121 116% 33 36 9%
Ming/Real 36 87 78 -10% 34 19 -
44%
MingNalley Plaza 36 20 12 -40% 27 25 -7%
California/Oak 28 52 61 17% 27 18 -
33%
California/New Stine 24 41 68 66% 15 12 -
20%
WhitelWible 20 66 30 -55% 37 13 -
65%
TOTALS 380 410 8% 233 144 -
38%
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 07-08IADMIN RPT - 2007 REDFLEX AGT.doc
1/8/200810:38 AM
ADMINISTRATIVE REPORT
Page 3
The Police Department will continue to have responsibility for administering and overseeing the red light
photo enforcement program. The following ten intersections are being considered for photo enforcement,
based on traffic volume, accidents and red light violation data:
Ashe Road and White Lane
Gosford Road and White Lane
Buena Vista Road and Stockdale Highway
Gosford Road and Stockdale Highway
Gosford Road and Ming Avenue
24th Street and M Street
Coffee Road and Rosedale Highway
Hageman Road and Calloway Drive
Stockdale Highway and Allen Road
24th Street and F Street
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 07-08IADMIN RPT - 2007 REDFLEX AGT.doc
1/8/200810:38 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION:
ITEM: I d.r dc(,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
;ej)tJ
MJ14
fs
January 8, 2008
SUBJECT: Breckenridge Planned Drainage Area Reimbursement Agreement:
1) Approval of Agreement with Breckenridge Planned Drainage Reimbursement
Agreement with Mountain View Bravo, LLC, pertaining to storm drain improvements in
the City in the Hills Master Plan Community in the amount of $2,074.710. (Ward 3); and,
2) Appropriate $635,000 developer share project cost to the public works capital
improvement budget within the capital outlay fund for reimbursement payment for public
improvements constructed by developer.
RECOMMENDATION:
Staff recommends approval of this Agreement.
BACKGROUND:
Mountain View Bravo, LLC is the master developer for the City in the Hills project in northeast Bakersfield.
As the master developer, they have installed major infrastructure improvements for this area, which
include certain storm drain improvements that are reimbursable through the Breckenridge Planned
Drainage Area ("PDA"). Said improvements and associated costs total $2,074,710. This Agreement
provides that the City shall make an initial reimbursement payment of $635,000. This money comes from
fees collected from other property owners within the PDA who benefit from the storm drain improvements.
The Agreement also provides that the balance of the reimbursement shall only be made, for a period of
time not to exceed 15 years, from fees collected that are not needed for other drainage improvements
within the PDA. The Agreement provides that no amount of money beyond the initial payment of
$635,000 is therefore guaranteed. It should also be noted that the $635,000 has been assigned by the
developer to the law firm of Borton Petrini, LLP, pursuant to the terms of the Agreement.
RMS:15C/vl
S:\COUNCIL\Admin5\07 -08 Admin5\BreckenridgePDAReimbAgr.MtViewBravo.doc
January 8, 2008, 4:45PM
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I d. e e...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
7VG
'It--
Rs
January 2, 2008
SUBJECT: Amendment No.1 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($38,750;
revised not to exceed amount of $145,390) for additional engineering and construction
administration services for the Mill Creek - Phase 1 (Central Park).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City requested that Meyer Civil Engineering (Design Consultant) complete
additional work for the Mill Creek Liner Park Project Phase 1 project. Currently, the project is under
construction. The work request required additional Engineering and Construction Administration Services
to meet the canal shutdown period that ended on January 1, 2008. The amendment will increase the
Design Consultant fee by an additional $38,750; therefore, the total not to exceed contract amount is
$145,390.
(tma)
(Project No. P6K117)
January 4,2008, 10:20AM
G:\GROUPDAT\ADMINRPT\2008\01-16\Admin Report - Mill Creek MCE - Amend No. 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: /.J, H.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD @
CITY ATTORNEY ~
CITY MANAGER R;;
Donna L. Kunz, Economic Development Director
DATE:
January 4, 2008
SUBJECT: Amendment No.2 to Agreement No. 06-172 with the Housing Authority of the County of
Kern (HACK) to assign the agreement and all interest to Village Park Senior Apartments,
L.P. for the senior housing project located at 24th & R Streets. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On June 6, 2006, the City Council approved an agreement with HACK for $1,500,000 in HOME funds to
construct affordable housing units for 60 units of senior housing in the Downtown Redevelopment Project
Area, at the corner of 24th and R Streets. The project consists of 56 one-bedroom units and 4 two-
bedroom units and will be rented to seniors at or below 60% of the area median income. The total cost for
the project is approximately $12 million and will be built adjacent to Phase I of the Park Place Senior
Housing Project, 80 units of senior housing. HACK initially formed a Limited Partnership with Golden
Empire Affordable Housing Inc. II, a California nonprofit public benefit corporation for the purpose of
developing the senior affordable housing project and applying to the State for low income tax credit (L1TC)
financing. HACK was not successful in their first round of L1TC competition.
On June 20, 2007, Amendment No. 06-171 (1) was approved by Council increasing the City's HOME
project contribution by $500,000 for a total HOME loan of $2,000,000 at 3% interest to be repaid with
residual receipts from the project. HACK was officially notified a few months ago they were successful in
receiving L1TC financing from the State of California in their second round competition. They were partly
more successful the second time for two primary reasons: 1) the increased funding contribution from the
City; and 2) because HACK withdrew as General Partner in their L1TC application, and was replaced by a
new limited partnership composed of two non-profits - Golden Empire Affordable Housing -II (Managing
General Partner), and Golden Empire Affordable Housing (Initial Limited Partner).
Amendment No.2 will assign this agreement and any interest in it to Village Park Senior Apartments, L.P.,
a California limited partnership formed between Golden Empire Affordable Housing -II and Golden Empire
Affordable Housing, Inc., the new Developer of the Project subject to the terms and conditions of
Agreement No. 06-172 and Agreement No. 06-172(1). Construction is expected to start by the end of
February, 2008.
This amendment will not have any fiscal impact on the City's contribution to the project.
S:\Admins\City Council\City Council Admins 2007\HACK Amend2toAgrmt06-172.doc
1/4/2008 8:53 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I ~, Cia
I} {J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~S
if
January 2, 2008
SUBJECT: Accept bid from Gibbs International, Incorporated in the amount of $135,493.25 for one
additional water truck for the Water Resources Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing one (1)
additional water truck to be used by the Water Resources Department.
Two (2) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$135,493.25
Gibbs International, Incorporated
Bakersfield, California
Bakersfield Truck Center
Bakersfield, California
$139,665.02
Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International,
Incorporated, Bakersfield, California.
Purchasing Division
S:\PURCH\ADMIN\Water Truck, 07-08-55, January 16, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: f;;; . it/" .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
January 2, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Alhambra Foundry Company, ($83,011.50) for manhole & catch basin
frames and covers. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for manhole & catch basin frames and
covers.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for manhole & catch
basin frames and covers for the Public Works Department, Streets Division. Three (3) bids were received
in response to solicitation and are as follows.
BIDDER
AMOUNT
$83,011.50
Alhambra Foundry Company
Alhambra, California
Ferguson
Bakersfield, California
Groeniger & Company
Bakersfield, California
$91,377.00
$91,806.00
Staff finds the low bid to be acceptable and recommends award of the bid to Alhambra Foundry Company,
Alhambra, California in the amount of $83,011.50.
Purchasing Division
S:\PURCHIADMIN\Manhole & Catch Basin Frames and Covers, 07-08-59, January 16, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: t",..
0../ ( .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage*EPARTMENT HEAD
December 20, 2007 CITY ATTORNEY
CITY MANAGER
APPROVED
I
SUBJECT: Revised Job Specification: Convention & Visitor's Bureau Manager #885 6
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Economic & Community Development Director is requesting that the Convention & Visitor's Bureau
Manager job specification be revised to allow for the substitution of experience for education in the
minimum qualifications. Difficulties have been experienced in recent recruitment efforts to attract an
adequate pool of qualified applicants. Allowing for this substitution will expand the number of people who
can qualify for this position.
There is no budgetary impact as the salary will remain the same. The revised job specifications were
approved by the Miscellaneous Civil Service Board at their December 18, 2007 meeting.
Om)
S:\Admin Reports - 2007\CVB Manager 1-0B.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 17, 2008
AGENDA SECTION: Consent Calendar
ITEM: f ~ . " " .
CTU
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD-D 1..1-1
v&
Rs
CITY ATTORNEY
Dianne Hoover, Director of Recreation & Parks
January 4, 2008
CITY MANAGER
SUBJECT: Community Services Committee Report regarding City Swimming Pool Analysis and
Recommendations (all Wards)
1). Hire an aquatics consultant to provide information on the status of Planz and Siemon
Park pools and make recommendations for future actions.
2). Cooperate with the Kern High School District and Old River Ranch Developers to create
a plan for the future provision and placement of a pool in southwest Bakersfield.
3). Appropriate $400,000 Capital Outlay Fund Balance to the Parks Department Capital
Improvement Budget within the Capital Outlay Fund for conversion of Jastro Pool into a
spray park.
4). Resolution determining that the wet play equipment for Jastro Park cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore awarding to Vortex Aquatic Structures International, not to exceed
$130,000.
RECOMMENDATION:
The Community Services Committee recommends acceptance of report, implementation of
recommendations, approval of Appropriation and adoption of Resolution.
BACKGROUND:
The Community Services Committee recommended an assessment of Siemon and Planz Pools to
determine existing conditions and proposed improvements for replacement or rehabilitation cost. Both
pools are of similar design and age as Jastro Pool. The assessment results will guide staff in
determining if the existing pool structure is adequate to justify the expense of renovation, repairs or
replacement.
The Community Services Committee recommended that staff form a joint partnership between the City,
Kern High School District and Old River Ranch Development to accomplish the goal of funding and
January 8, 2008, 12:47PM:rlj
S:IADMINISTRATION DIVISIONlAdmin Rpts\2007 Admins\Jastro Spray-Admin 1-17-05.doc
ADMINISTRATIVE REPORT
Page 2
constructing a new multi-use aquatic facility in the southwest area to replace Jastro Pool as the seventh
pool in Bakersfield to be in compliance with City Council goals.
Staff report to the Community Services Committee indicated that in January of 2007 the City began
several tests to determine the source of a major leak at Jastro Pool. Tests included: video, dye, drilling,
and pressure tests followed by excavation around the outside of the pool.
Based on the tests and visual inspection, the following was determined:
1. Pool return lines are eroded and leaking (primary source of water loss)
2. Gutter system is cracked and leaking
3. Gutter system return lines are severely deteriorated
4. Pool shell has cracks and leaks
5. Expansion joint leaks in the pool shell
6. Pool gutter is out of level due to settling
Following tests, staff contracted with Aquatic Design Group, recognized experts in pool structures, to
provide a professional assessment of the pool. Aquatic Design Group confirmed staff findings and
submitted a report summarizing the leak, code compliance, and estimated costs for renovation.
Estimated renovation costs are as follows:
. Total project cost approximately $2 million dollars
o Pool renovation approximate cost $1 million dollars
o Restrooms, mechanical room, and equipment storage renovation to meet ADA compliance,
approximate cost: $1 million dollars.
Staff then completed temporary repairs on two major identified leaks which enabled the pool to open for
half of the 2007 summer season. The repairs were a temporary fix rather than a long-term total repair.
Tests after the repairs showed a daily water loss of 32,800 gallons indicating that the deteriorated lines are
beyond reasonable repair.
Based on these findings, staff recommended to the Community Services Committee to convert Jastro
Park pool into a wet playground.
On December 5, 2007 the Community Services Committee concurred with the staff recommendation. The
Committee recognizes the success of the wet playgrounds at Jefferson, Dr. Martin Luther King Jr., Beale,
Planz and Wayside Parks and agreed that Jastro Park would be an appropriate location for a wet
playground, also referred to as a spray park. The Jastro Park site is an ideal location since it already has a
water source and restrooms on-site.
The existing wet playgrounds are heavily used amenities, free of charge, within the above mentioned
parks. Some of the benefits include:
* Open from early April to late October
* Hours of operation are 9:00 AM to 8:00 PM daily
* Parental supervision only; no staff required
* High use results in less vandalism
January 8, 2008, 12:47PM:rlj
S:IADMINISTRATION DIVISIONlAdmin Rpts\2007 Admins\Jastro Spray-Admin 1-17-05.doc
ADMINISTRATIVE REPORT
Page 3
* Free water play during Bakersfield heat waves
* Allows for creative play even on a hot day
* Handicapped accessible at all times
* All family members can play at the same time
With childhood obesity at record levels, adding amenities to encourage outdoor, active play among
children and families is a positive step for citizens. The attendance at each of the city's wet playgrounds
varies from ten to fifty kids and families at any given time. Once the pools close for the summer, the
sprayparks are still operating and no lifeguards are needed.
With approval of the recommended appropriation, a budget of $400,000 will be available for construction
of the spray park at Jastro Park. To stay within budget the spray park will be constructed by City staff and
annual contractors.
Vortex Aquatic Structures International Inc. (Vortex) is the manufacturer of the existing wet play grounds
within the City of Bakersfield, providing inter-changeable parts when necessary. Vortex equipment is
100% stainless steel with replaceable brass nozzles for long life. All hardware is vandal and tamper
resistant and all hardware, anchor bolts and accessories are stainless steel. Vortex offers the longest
warranty in the industry with 25 years on all features. All surfaces are polished stainless steel or powder-
coated finish for ease of maintenance and graffiti removal.
Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vortex
"Splashpads" for Southern California, Arizona and Nevada. Miracle has more splash pads designed and
installed than all other vendors combined in Southern California.
Vortex equipment is currently in use at Wayside Park, Planz Park, Martin Luther King Jr. Park, Jefferson
Park and Beale Park.
With approval of the recommended appropriation, sufficient funds will be available for this purchase in the
Capital Outlay Fund budget.
January 8, 2008, 12:47PM:rlj
S:IADMINISTRATION DIVISIONlAdmin Rpts\2007 Admins\Jastro Spray-Admin 1-17-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar
ITEM: I ~. 1<("
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
$!u
December 18, 2007
CITY MANAGER /2S
SUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30,2007.
2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for
the City of Bakersfield for the fiscal year ended June 30, 2007.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2007.
4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2007.
5. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2007.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
1. Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to
as the City's Annual Audit Report, for the fiscal year ended June 30, 2007. The CAFR
represents the City's financial statements as of June 30, 2007, which are audited by the
accounting firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter,
Accountancy Corporation. The current compliance report issued by the outside auditors
indicates that the City complied, in all material respects, with accounting principals generally
accepted in the United States of America.
2. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2007. The Single
Audit Report pertains to federal program monies expended by the City during the specified
fiscal year. An Independent Audit is performed annually to review internal control procedures
and compliance with federal guidelines in accordance with Office of Management & Budget
(OMB) Circular A-133. This annual audit was performed by Brown Armstrong Paulden
McCown Starbuck Thornburgh & Keeter, Accountancy Corporation as part of their contract to
provide auditing services to the City of Bakersfield. The current compliance report issued by
10f2
S:lAdminlAdmin Reports\2007 CAFR refer to bud. doc
December 19, 2007, 3:55PM
ADMINISTRATIVE REPORT
the outside auditors indicates that the City complied, in all material respects, with federal
program guidelines.
3. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the
Bakersfield Subregional Wastewater management Plan. The City's compliance with contract
requirements is audited on an annual basis. The current Compliance Report, issued by the
outside auditors, indicates that the City was thirteen days late in submitting a tentative budget
to the Technical Advisory Committee for their review and approval. There were no other audit
findings.
4. Attached is a letter from the City's independent auditors Brown Armstrong Paulden McCown
Starbuck Thornburgh & Keeter, Accountancy Corporation indicating they have completed their
annual review of the Appropriations Limit Worksheet prepared by the City in accordance with
Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is
performed by the auditors as part of their contract to provide auditing services to the City of
Bakersfield. The agreed upon review procedures are substantially less in scope than an audit
and therefore no audit opinion is expressed regarding the calculation.
5. Attached is the independent audit report for the Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal
year ended June 30, 2007. This audit report presents the financial statements for this
operational unit as of June 30, 2007. The City is under contract with SMG to manage the
Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse
Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an
independent audit report to the City after the end of each fiscal year. This audit report was
prepared by the accounting firm of Barbich, Longcrier, Hooper & King.
20f2
S:lAdminlAdmin Reports\2007 CAFR refer to bud. doc
December 19, 2007, 3:55PM
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Consent Calendar -Hearings
ITEM: /3,. a....
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
December 17, 2007
APPROVED
DEPARTMENT H~~ :2tJ
CITY ATTORNEY_
CITY MANAGER /!S
SUBJECT: Hearing regarding adoption of Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item constitutes review of the fUhding mechanism for the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP). Developers pay a $2,145 per acre fee at grading plan approval stage to
compensate for direct and indirect impacts on endangered species habitat from urban development. The
funds are used to purchase and manage habitat consistent with the City's implementing agreement with
the U.S. Fish and Wildlife Service and Ca1ifomia Department of Fish and Game. No change to the Capital
Improvement Plan (CIP) is recommended at this time.
Approved by the City Council and Board 'of SuperviSOrs in December 2006, and effective February 13,
2007, the fee paid by developers increased from $1,240 to $2,145 per acre to accommodate the recent
increases in land prices and search for suitable habitat lands to acquire for the program.
The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August
25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in
August of 1994. The permit terminates i'n year 2014. The preparation of the MBHCP and the protection
afforded by it was undertaken to provide a 'means whereby individuals and the development community in
the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying
with State and Federal Endangered Species Acts. The program received widespread support from the
development community and environmental groups.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement
between the City of Bakersfield and Kern County. The trust group is composed of representatives from
the City of Bakersfield and Kern County, and includes advisory members from the California Department
of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member.
The MBHCP document and ImplementationlManagement Agreement describe a CIP for utilization of the
accompanying mitigation fee. Pursuant to California Government Code Section 66002, the CIP must be
updated annually by the City and County. This report provides the basis for the annual update. Staff has
ADMINISTRATIVE REPORT
Page 2
determined that the annual update of the MBHCP CIP is categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines.
The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban
growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan
Bakersfield General Plan area. The Capital Improvement Plan (CIP) involves the use of mitigation fees to
offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition
and maintenance of non-urban habitat land. The $2,145 per acre fee covers land acquisition costs,
program administration, endowments for fencing and maintenance that are tied to the automatic raises by
the State. The program is self-supporting and requires no support funds from the city or county.
So far over 16,182 acres of endangered species habitat land have been credited to implementation of the
Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and
our agreement. The program has acted to acquire more than 761 acres of habitat mitigation land in 2007.
The CIP has operated successfully in meeting the program's obligations under the terms of our
agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is
recommended that no changes in the CIP are necessary and that the update should be a confirmation of
the present plan. Staff will continue to monitor the adequacy of the CIP to ensure that the program meets
its obligations. Staff will also continue to monitor any changes that may take place in the State and
Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the
terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish
and Wildlife Service.
The Kern County Board of Supervisors took action to adopt a resolution confirming the current CIP on
December 18, 2007. The MBHCP and Implementation/Management Agreement describe the estimated
costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding
source and serve as the CIP for the MBHCP. Staff is recommending adoption of the resolution updating
the CIP for the MBHCP.
Jeng\ S:\HCP\cap imprv\2008\Adm rept-2008 hcpcip.doc
~ber17,2007
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Hearings
ITEM: / -"3.1>.-
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD~
January 2,2008 CITY ATTORNEY~
CITY MANAGER R.s
SUBJECT:
General Plan AmendmenVZone Change 07-2017 (Ward 1)
AMCAL Multi-housing has applied for a general plan amendment and zone change on
approximately 2.5 acres located at 701 Union Avenue.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial)
and LR (Low Density Residential) to HR (High Density Residential) on
approximately 2.34 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 103-31 from C-2 (Regional
Commercial) and R-2 (Limited Multi-family Dwelling Residential) to R-3/PUD
(Multiple Family Dwelling/Planned Unit Development) on approximately 2.34 acres,
and C-2 to C-2/PCD (Planned Commercial Development) on approximately 0.25
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of 56 multi-family residential units in six buildings, an
associated community building, and a 3600 square foot commercial building.
The subject property is owned by the City of Bakersfield, and redevelopment has been pursued by the
Department of Economic Development and Community Development (EDCD).
The public hearing for this item is not being held on a typical quarterly General Plan Amendment cycle.
Government Code Section 65358(b) exempts projects consisting of at least 25% low to moderate
income housing units, stating that such projects can be heard outside a typical GPA cycle.
The Planning Commission conducted a public hearing on this general plan amendment!zone change
on December 20, 2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for
the project.
ADMINISTRATIVE REPORT
Page 2
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 November 21,
2007, in accordance with CECA.
RB: - S:\GPA 4th 2007\07-2017 (inc)\Staff Reports\Admin Report 07-2017 1st Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
January 8, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
~
/Jm;t
~
SUBJECT: Zone Change 07-1077, appealed. 0Nard 4 upon annexation)
Jim Marino of Marino & Associates has applied for a zone change on approximately 27
acres, located generally south of Hageman Road, west of Piedmont Avenue, and east of
the Burlington Northern Santa Fe (BNSF) railroad. An appeal of the Planning
Commission's decision was submitted by Mr. Marino.
1. First Reading of Ordinance adopting the Negative Declaration, denying the appeal
and approving the Zone Change from A (Agriculture Zone) to M-1 (Light
Manufacturing Zone) on approximately 10 acres, and A to E (Estate Dwelling Zone)
on approximately 17 acres.
RECOMMENDATION:
Staff recommends first reading of an Ordinance adopting the Negative Declaration, denying the appeal
and approving the Zone Change from A (Agriculture Zone) to M-1 (Light Manufacturing Zone) on
approximately 10 acres, and A to E (Estate Dwelling Zone) on approximately 17 acres..
BACKGROUND:
The proposal would allow for the development of 10 acres of light industrial along Hageman Road, and
a maximum of 68 single family homes on %-acre lots the southern 17 acres of the project site. The
applicant is also requesting annexation into the City of Bakersfield.
This item was continued at the request of the applicant on December 12, 2007.
The Planning Commission conducted a public hearing on the proposed zone change to M-1 on
approximately 10 acres, and E on approximately 17 acres and recommended approval to the City
Council on October 18,2007.
Properties in the vicinity of the project site are generally developed with either single-family residences
or light industrial uses.
Area property owners, generally adjacent to the east of the subject property have expressed concerns
regarding traffic associated with the proposed development, specifically mentioning the Allen
Road/Hageman Road intersection to the west of the subject property.
ADMINISTRATIVE REPORT
Page 2
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 11, 2007, in
accordance with CEQA. The Planning Commission did not recommend adoption of the Negative
Declaration.
The Planning Commission voiced concerns regarding transportation infrastructure, and more
specifically the planned separation of grade at the intersection of Hageman Road and the BNSF
railroad, and the intersection of Hageman and Allen Roads to the west of the project site. The Planning
Commission recommended an associated condition (#13) regarding the timing of the proposed
development with the aforementioned improvements. Specifically, condition 13 states the following:
No Certificate of Occupancy can be issued on the industrial property before either the grade
separation is complete, or the traffic signal at Hageman Road and Santa Fe Way is constructed
and operational, or 2 years and 8 months from the date of approval, whichever is earlier. The
developer may either contract to construct the signal or wait until the County of Kern completes
construction of the signal or the Grade Separation District completes construction of the grade
separation. Construction of the signal is estimated to begin within 2 years; construction of the
grade separation is not expected to occur until 2011 at the earliest.
The timeframe of 2 years and 8 months was included because signalization of the Allen
Road/Hageman Road intersection is a scheduled county road improvement in approximately 2 years;
and it is anticipated that the improvements will take 8 months to complete. The applicant is protesting
this condition.
City planning staff supports the recommendation of the Planning Commission.
RB: . S:\ZoneChange\yr 2007\07-1077\Admin ReporMdmin Report 07-1077.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 16, 2008
AGENDA SECTION: Hearing
ITEM: 14.b.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Alan Tandy, City Manager
January 8, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
,t{~~,
.q /
II ..'
SUBJECT: 2008 Health Care Plan Contracts
1. Amendment No. 3 to Agreement 05-414 with Blue Cross of California for Indemnity Health and
Dental Services.
2. Amendment No.3 to Agreement 05-415 with Blue Cross/California Care - Managed Care
Health Plan for Medical Services for employees and retirees.
3. Amendment No. 3 to Agreement 05-417 with Kaiser Permanente - Managed Care Health Plan
for Medical Services for employees.
4. Amendment No.3 to Agreement 05-418 with Kaiser Permanente Managed Care Health Plan
for Medical Services for retirees.
RECOMMENDATION:
Staff recommends approval of the 2008 Health Care Plan Contracts
BACKGROUND: During the December 12, 2007 Council Meeting, the Council approved the
extension of the Health Care Contracts for Blue Cross PPO, Blue Cross HMO and Kaiser HMO to January
31, 2008. The 30-day extension was to allow the City and the Insurance Committee to continue to meet
and confer regarding health plan changes.
Renewal of the basic policies is not in question. The one issue that is open and in dispute is the
implementation of a $25 Office Visit Co-pay for Blue Cross PPO, and increase the Blue Cross HMO and
Kaiser HMO from $20 to $25, thereby establishing some savings for both the City and employees due to
continued healthcare premium increases. The savings potential of the plan change is $479,000 out of a
rate increase of $2.2 million.
In normal years, the Insurance Committee and Personnel Committee would have reviewed cost and plan
elements, and an agreement would have been reached before this item appeared on a Council agenda.
This year, however, on December 18, 2007, the Insurance Committee rejected the City's proposal which
resulted in implementation of the Resolution to Impasse process. The Personnel Committee has been
kept apprised regarding the entire meet and confer meetings, including the impasse notification. Because
of the legal requirement to conduct an Open Enrollment and the expiration of the health care contracts as
of January 31,2008, it is critical to get a final ruling from the Council at this meeting.
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Page 2
Financial Climate
It is important to share that in the last 10 years, benefits have gone from 21 % of salary to 32% of salary.
In that same time period, retiree and active payments for medical insurance have gone from 6% of the
General Fund to 9%.
Insurance costs are up $2.2 million this year, and it has become routine to have increases in the area of
20%.
The unfunded liability for retiree medical costs as of July 1, 2007, is $113,395,000. New Government
Accounting Standards require that the City implement a plan to deal with that unfunded future cost. The
current year budget sets aside $7,787,000 for that plan, as well as current costs. The amount for the
unfunded retiree obligation is $4.8 million of that. Medical cost escalations ultimately wind up increasing
the unfunded liability as well as the amount of cash needed to set aside each year, therefore removing
funds from other purposes such as cost of living adjustments. The financial impacts in the long-term from
the $2.2 million increase are much greater than the $2.2 million.
In an effort to achieve at least some cost containment on these rising costs, the City met with the
Insurance Committee several times and offered two alternatives to the Insurance Committee. One is an
office visit co-pay and the second is an increase in the co-payments on prescription drugs. Both have a
value of about $500,000 of the $2.2 million premium increase. The balance of the increase would continue
to be paid 80% by the City and 20% by the employees. In making this offer, the City effectively accepted
77% of the increase and only asked for plan changes to eliminate the remaining 23%.
Additionally, we are facing a bad budget year and employee groups seem not to recognize that fact. Our
largest General Fund revenue, the Sales Tax, has been in decline, compared to the previous year, for four
consecutive quarters. For the last quarter the Sales Tax was down 13%, which is a significant and
alarming decline. Several special revenues are down by millions of dollars each due to the slow growth in
the housing industry.
The State is facing what may be a $14 billion deficit, and one of the few options open to them is to
"borrow" from cities and counties. It will be months before we know whether that will happen or in what
amount may be "borrowed." Each day recently, however, the threat to the City's budget for potential State
action grows. We are likely to be facing both a 13% decrease in Sales Tax receipts, the unfunded liability
increases and this potential for a multi-million dollar state revenue capture.
Meet and Confer
Of the employee groups, only Management and Supervisory acquiesced to any plan changes; and of the
two options, they prefer the office visit co-pay. All other units have, to date, been unwilling to compromise
in any form.
The City met with the Insurance Committee on the following dates:
. May 9, 2007 - This meeting initially began as a meet and greet, but then resulted in discussion of
issues and concerns by the Insurance Committee regarding benefits and the meeting processes.
. October 26, 2007 - The City sent a letter to the Insurance Committee requesting an extension to
the October 31, 2007 MOU date.
. October 31, 2007 - Personnel Committee. During this meeting BUCK Consultants presented the
rate data and plan change alternatives. Most of the Insurance Committee members were in
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ADMINISTRATIVE REPORT
Page 3
attendance, and the Insurance Committee agreed to move forward to review and discuss potential
plan changes.
· November 14, 2007 - During this meeting, the Insurance Committee indicated that they declined
the request by the City for an extension; however, the Insurance Committee was then asked if they
wanted to continue to meet on the health care issues and possible changes. All representatives
agreed to continue to meet and also schedule the next meeting. The Insurance Committee
requested additional data from BUCK Consultants to better understand the issues and options.
During this meeting information was shared across the table by both the Insurance Committee and
the City. The City also shared 21 Plan Change Options for possible cost savings.
· November 21, 2007 - The Insurance Committee submitted a proposal to the City to establish a
structure for the Insurance Committee in an effort to move forward, and also requested a formal
proposal from the City. The City provided two alternative proposals regarding Health Plan changes.
o Option A - Implement a $25 Office Visit Co-pay for Blue Cross PPO and increase the Blue
Cross HMO and Kaiser HMO from $20 to $25.
o Option B - Decrease Coinsurance to Blue Cross PPO and increase Rx co-pays, and add a
third tier for Blue Cross PPO, Blue Cross HMO and Kaiser Prescription co-pays.
The Insurance Committee indicated they needed time to take this information back to their
membership.
. November 27,2007 - Personnel Committee. During this meeting the Insurance Committee raised
their issues and concerns regarding the late start again, but agreed to move forward in an effort to
resolve the matter.
. December 11, 2007 - During this meeting the Insurance Committee requested a response on their
Insurance Committee structure. The Insurance Committee also indicated that they had not yet met
with all their members.
. December 18, 2007 - During this meeting the Insurance Committee again requested a response
from the City on their Insurance Committee structure proposal. The City shared their concerns and
specified areas of disagreement. The Insurance Committee modified their proposal and
resubmitted it to the City for consideration. The City then requested a response on the proposals
submitted. The Insurance Committee voted not to accept the City's proposal nor had any counter
proposal. The City at this stage declared an impasse and moved to resolve the matter through
Resolution of Impasses (Bakersfield Muni Code 2.76.130).
. December 19, 2007 - Personnel Committee. During this meeting the Insurance Committee shared
their concerns and the Personnel Committee was briefed on the impasse status.
Due to the late start in meeting with the Insurance Committee, the City extended the time available meet
and confer by 30 days by extending the medical insurance plans to January 31, 2008.
In light of the sequence of events that has taken place, it appears we are at an impasse on the
issue of insurance policy renewals. We need to make a decision by the January 16, 2008 Council
meeting in order to meet legal mandates for open enrollment. Primary health care policies expire at
the end of January.
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We note that while we started this process late, we added a full month to offset the late start and allowed
more than ample time for the Units to meet with employees and discuss their concerns. In addition, the
City extended the time available to meet and confer by 30 days by extending the implementation of the
medical insurance plans to January 31, 2008.
The Insurance Committee contends that a deadline was missed and the City has no right to make plan
changes; however, the MOU language is clear in stating that "There shall be a good faith effort to make all
decisions by October 31 of each year." A good faith effort is not a hard and fast deadline, which, if not
met, defaults the party's position. Due to data not finalized until late September and scheduling conflicts,
the City made every effort to address these issues as soon as possible. The City contends that the
Insurance Committee elected to continue to meet and confer in their regular attendance, sharing of
proposals, requesting time to meet with City employees and other behaviors that directly implied
negotiations were taking place.
To comply with City Code requests on impasse situations, the City Manager called an impasse meeting on
Monday, January 7, 2008 to see if a solution to the difference in viewpoints could be identified. That
session did not result in a settlement, but the Insurance Committee is to meet Thursday, January 10,
2007.
This report is being prepared to meet necessary deadlines; but a mediation session is being held on
Monday, January 14, 2008, and it is the City's intent to make every possible effort to reach a mutually
acceptable resolution at that time. More information related to the results of that meeting will be provided
to the City Council on or before the January 16, 2008 Council meeting.
If we are unable to resolve our differences we must therefore conduct a public hearing and request that
Council make a unilateral action to approve the Option A amendments to the health benefit contracts.
Option A as noted above is the addition of a $25 Office Visit Co-pay for Blue Cross PPO and increase the
Blue Cross HMO and Kaiser HMO from $20 to $25.
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 12, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Hanson, Sullivan (seated at
5:17 p.m.) Scrivner
Absent:
Councilmember Couch
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5.18 p.m.
APPROVED
AS COUCH
Motion by Councilmember Benham to adjourn from
Closed Session at 6:20 p.m.
APPROVED
AS COUCH
RECONVENED MEETING - approximately 6:34 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Councilmember Couch
Bakersfield, California, December 12, 2007 - Page 2
ACTION TAKEN
6. INVOCATION by Pastor Mike Osthimer, Calvary Chapel
Westbrook.
7. PLEDGE OF ALLEGIANCE by Christopher Rees, 1 st Grade
Student at Noble Elementary School.
Mayor Hall acknowledged students from Ridgeview
High School government classes in attendance at
the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
STAFF GIVEN
DIRECTION
b.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
9. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates to Youth
from Calvary Chapel Westbrook.
Mayor Hall recognized Sandy Moffett who helped
organize the alley cleanup and presented
Certificates to Stephen Moffett, Eric McPherson,
David Mattison, Seth Bensusen, Alyssa McPherson,
Cassandra Poe, Cathy Schmidt, Callie Gonzales,
Carlyn Gonzales, Courtney May, Hailey Criswell,
Jourdon Ahn, Lacy Akery, Sabrina Millard, Christian
Baker, Jordon Espiritu, Kyle Lowery, Tyler Morgan
all from the Calvary Chapel Westbrook church.
b. Presentation by Mayor Hall of a Retirement Plaque
and Gift Certificate to Bryan K. McBride.
Mr. McBride accepted the Retirement Plaque &
made comments.
Bakersfield, California, December 12, 2007 - Page 3
10.
PUBLIC STATEMENTS
ACTION TAKEN
a. J.D. Harris spoke regarding Wal Mart.
b. Mary and Kristen Dorough spoke regarding English
only as our language.
c. Jose Quirarte spoke regarding a landlord problem
and submitted photos of rental.
Councilmember Benham requested Staff to contact Mr.
Quirarte with regards to Code Enforcement and give
direction on where he might find assistance.
11. APPOINTMENTS
a. Two appointments to the Miscellaneous Civil
Service Board, due to the expiration of terms of
Gonzalo Ramirez and Percy Robinson, terms
expiring December 31,2007.
Motion by Vice-Mayor Hanson to reappoint Gonzalo
Ramirez and Percy Robinson, to a three year term on
the Miscellaneous Civil Service Board.
b. One appointment to the Police Civil Service Board,
due to the expiration of term of William Perry, term
expiring December 31, 2007.
APPROVED
AB COUCH
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Perry
Perry
Perry
Absent
Perry
Perry
Perry
Motion by Vice-Mayor Hanson to reappoint William
Perry, to a three year term on the Police Civil Service
Board.
c. One appointment to the Fire Civil Service Board,
due to the expiration of term of Thomas
Edmonds, term expiring December 31, 2007.
Ward 1 Edmonds
Ward 2 Edmonds
Ward 3 Edmonds
Ward 4 Absent
Ward 5 Edmonds
Ward 6 Edmonds
Ward 7 Edmonds
Motion by Vice-Mayor Hanson to reappoint Thomas
Edmonds, to a three year term on the Fire Civil Service
Board.
APPROVED
AS COUCH
APPROVED
AS COUCH
11.
Bakersfield, California, December 12, 2007 - Page 4
APPOINTMENTS continued
ACTION TAKEN
d. One appointment to the Board of Directors of the
North Bakersfield Recreation and Park
District, due to the expiration of term of Stuart
Patteson, term expiring December 31,2007.
Motion by Vice-Mayor Hanson to reappoint Stuart
Patteson, to a four year term on the North Bakersfield
Recreation and Park District.
APPROVED
AS COUCH
e. One appointment to the Kern Mosquito and Vector
Control District, due to the expiration of term of
Morris C. Mahlmann, term expiring December 31,
2007.
Motion by Vice-Mayor Hanson to reappoint Morris C.
Mahlmann, to a two year term on the Kern Mosquito
and Vector Control District.
APPROVED
AS COUCH
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 28, 2007,
Regular Council Meeting.
Payments:
b.
Approval of department payments from November
16, 2007 to November 30, 2007 in the amount of
$10,983,928.54 and self-insurance payments from
November 16, 2007 to November 30, 2007 in the
amount of $215,506.89.
ABS WEIR
Ordinances:
c.
Adoption of Ordinance amending Section 17.06.010
(Zone Map No. 123-20) of Title Seventeen of the
Municipal Code by changing the zoning from M-2
(General Manufacturing) to a PCD (Planned
Commercial Development) on 73.53 acres located
on the west side of Gosford Road, between
Pacheco Road on the north, and Harris Road on the
south for development of the Gosford Village
Shopping Center (ZC 02-0030 - Castle and Cooke
California Commercial-CA, Inc.)
ORD 4480
Bakersfield, California, December 12, 2007 - Page 5
12. CONSENT CALENDAR continued
ACTION TAKEN
d.
Adoption of Ordinance amending Section 17.06.010
(Zone Map No. 123-24) of Title Seventeen of the
Municipal Code by changing the zoning from MH
(Mobile Home) zone on 36.94 acres and 0.58 acres
from a C-2 (Regional Commercial) zone to a PCD
(Planned Commercial Development) (on a total of
37.52 acres) located on the east side of State Route
99 and north side of Panama Lane, for development
of the Panama Lane Shopping Center to allow
development of the Panama Lane Shopping Center
(ZC 02-0193 - Panama 99 LLC).
ORO 4481
Resolutions:
e.
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 07-2 (Sydney
Harbour).
RES 269-07
f.
Resolution adopting the Investment Policy of the
City.
RES 270-07
g.
Resolution approving an application proposing
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 571
consisting of 20.09 acres located on the south side
of Pioneer Drive and west of Vineland Road.
RES 271-07
h. Education Reimbursement Program
1.
Resolution adopting Education
Reimbursement Program
RES 272-07
2. Section 127 Educational Assistance Plan
Document
i.
Resolution supporting the Altamont Pass as the
preferred route for the California High-Speed
Rail System alignment.
RES 273-07
j.
Resolution adding Area 3-76 (Panama, Progress
SE) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
RES 274-07
12.
Bakersfield, California, December 12, 2007 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
k.
Resolution of Intention No. 1578 to add territory,
Area 1-80 (Calloway, Flushing Quail NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ROl1578
I.
Resolution of Intention No. 1581 to add territory,
Area 1-81 (Renfro, Reina NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
ROl1581
m.
Resolution of Intention No. 1582 to add territory,
Area 1-82 (Jewetta, Etchart SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ROl1582
Agreements:
n. Tract Maps and Improvement Agreements
1.
Final Map and Improvement Agreements
with Vista Montaire, LLC, for Tract 6137
Phase 3 located at the northeast corner of
Paladino Drive and Masterson Street.
AGR 07-405
AGR 07-406
2.
Final Map and Improvement Agreements
with Elmer F. Karpe, Inc., for Tract 6310
located at the southeast corner of Valleyview
Drive and Fairfax Road.
AGR 07-407
AGR 07-408
3.
Final Map and Improvement Agreements
with KB South Bay, Inc., for Tract 6338
Phase 2 & 3 located at the southwest corner
of Paladino Drive and Vineland Road.
AGR 07-409
AGR 07-410
AGR 07-411
AGR 07-412
o.
Agreement with Vista Montaire ($547,200) to
dedicate 5.03 total net acres of property in
Vesting Tentative Tract 6137 to the City for Grand
Canyon Park, Park Staging Area, Access Road and
Hiking Trail purposes and the acquisition of 8.10 net
acres of property for Grand Canyon Park.
AGR 07-413
p.
Agreement with Acclamation Insurance
Management Services (AIMS) for workers'
compensation claims management services for
contract year one ($299,715), contract year two
($310,202) and optional third year ($321,059).
AGR 07-414
Bakersfield, California, December 12, 2007 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
q.
Agreement with California Water Service Company
granting a license for a multi-use path across its
property located north of Paladino Drive east of the
alignment of Morning Drive.
AGR 07-415
r.
Consultant Agreement with Krazan & Associates,
Inc., ($458,128.75) to provide materials testing
services for Calendar Years 2008 and 2009.
AGR 07-416
s. Agreement with Hogan Guiney, Dick LLP, (total not AGR 07-417
to exceed $80,000) for outside legal services in the
matter of DKS Investments, LLC, et al v. City, KCSC
No. S-1500-CV-259731 KCT; and Canyons, LLC,
etc., et al v. City, KCSC No. S-1500-CV-260175
AEW.
t. Agreement with Kern County Soccer Foundation AGR 07-418
($36,000) to sell surplus parks and recreation
materials and equipment.
u. Construction of Old River Road between Pacheco
Road and Campus Park Drive:
1. Reimbursement Agreement with Castle and AGR 07-419
Cooke California, Inc. ($1,000,000) for
construction of Old River Road between
Pacheco Road and Campus Park Drive.
2. Appropriate $100,000 Transportation
Development Fund Balance to the Public
Works Department's Capital Improvement
Budget.
v. Cooperative Agreement with California Department AGR 07-420
of Transportation (Caltrans) for Street Improvements
on the north half of State Route 119 from Gosford
Road to Ashe Road.
w. Utility Agreement with Kern County Water Agency AGR 07-421
(not to exceed $2,000,000) to construct box culvert
at the Cross Valley Canal for the Allen Road Bridge
at Kern River Project.
x. Amendment NO.1 to Agreement No. 07-381 AGR 07-381(1)
increasing total compensation to KS Fabrication
& Machine, Inc. ($26,276.25 not to exceed
$94,279.10) and changing the project delivery
date for Mill Creek Linear Park Phase 1 Project.
Bakersfield, California, December 12, 2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
y. Amendment NO.1 to Agreement 07-304 with AGR 07-304(1)
Security Paving Company, Inc. ($200,000) for
supplemental work required for the construction of
State Route 178 (SR-178) and Fairfax Road
Interchange Project. (TRIP)
z. On-call Civil Engineering and Surveying
Agreements to extend term by one year to
December 31,2008 (no change in not-to-exceed
amounts):
1. Amendment NO.2 to Agreement No. 05-246 AGR 05-246(2)
with Boyle Engineering
2. Amendment NO.2 to Agreement No. 05-247 AGR 05-247(2)
with DMJM Harris
3. Amendment NO.2 to Agreement No. 05-248 AGR 05-248(2)
with Harris & Associates
4. Amendment NO.2 to Agreement No. 05-249 AGR 05-249(2)
with Meyer Civil Engineering
5. Amendment NO.2 to Agreement No. 05-250 AGR 05-250(2)
with Parsons Transportation Group
6. Amendment NO.2 to Agreement No. 05-251 AGR 05-251 (2)
with T Y Lin
7. Amendment NO.2 to Agreement No. 05-252 AGR 05-252(2)
with Willdan
aa. Amendment NO.2 to Agreement No. 06-335 with AGR 06-335(2)
Muxlow Construction to include additional services
to qualified low-income residents under City's Home
Access Program.
bb. Amendment NO.2 to Agreement No. 06-391 with AGR 06-391(2)
Bradco Industrial Corporation ($400,000; not to
exceed $959,000 and extend term for one (1) year)
for wood grinding and screening for the Solid Waste
Division.
cc. Amendment NO.3 to Acquisition and Disclosure AGR 05-285(3)
Agreement No. 05-285 to amend Exhibit A
requested by Blu S.K.Y. Homes, formerly Mountain
View Bravo, LLC, pertaining to Masterson Street in
Assessment District No. 05-1, (City in the Hills).
Bakersfield, California, December 12, 2007 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
dd.
Accept bid and award contract to Griffith Company
($6,018,734.00) to construct Northeast Trunk Sewer
- Phase 3: Edison Highway Extension (County).
AGR 07-422
ee.
Accept bid and award contract to Prime Demolition,
Inc., ($53,730) for demolition and improvements at
1900 and 2029 Hosking Avenue.
AGR 07-423
ff.
Accept bid and award annual contract to Toter, Inc.,
(not to exceed the budgeted amount of
$297,000.00) for trash carts.
AGR 07-424
gg. Accept bid from Lenovo (United States),
Incorporated, ($91,129.79) for replacement
computers and monitors.
hh. Accept bid from Iteris, Incorporated, ($105,662.70)
for motion detection camera systems at various
traffic signal locations for the Public Works
Department.
ii. Accept bid from Coastline Equipment ($240,497.64)
for one additional diesel powered hydraulic
excavator for the Public Works Department.
jj. Accept bids from Wattco Equipment Incorporated
($35,156.66); 911 vehicle ($10,054.69); and
Adamson Police Products ($4,271.23) for lightbars,
sirens and related equipment for the Police
Department. (Total of bids $49,482.58)
Miscellaneous:
kk. Appropriate $183,328.00 Federal Grant Revenues
(Edward Byrne Memorial Justice Assistance Grant
from the U.S. Department of Justice) to the General
Fund Police Operating Budget.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item
12.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.kk.
APPROVED
AS COUCH
Bakersfield, California, December 12, 2007 - Page 10
13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
a.
Public Hearing to consider Resolution ordering the
vacation of a portion of the 20-foot wide alley
between Q Street and R Street and south of 23rd
Street.
RES 275-07
b. Public Hearing to consider Resolution ordering the RES 276-07
vacation of the 7.25-foot wide strip of land on the
Northeast corner of M Street and California Avenue
and 0 Street between California Avenue and 14th
Street, and 13th Street between N Street and P
Street, and P Street south of 13th Street and 198.41
foot long, and 20 foot wide alley north of California
Avenue and between N Street and 0 Street, and a
33 foot wide alley north of California Avenue and
between 0 Street and P Street.
c. Public Hearing to consider Resolution ordering the RES 277-07
vacation of a 20-foot alley in block 47 at the
southeast corner of Stockton Street and Monterey
Street.
d. Public Hearing to consider Resolution ordering the
vacation of a 20-foot wide Storm Drain Easement RES 278-07
southeasterly of Tract No. 6452, phase 2 and
Highway 178.
e. Public Hearing to consider Resolution ordering the RES 279-07
vacation of an 18-foot wide Waiver of Direct Access
on Jewetta Avenue north of Birchhaven Avenue.
f. Public Hearing to consider Resolution ordering the RES 280-07
vacation of a 20-foot wide Sewer Line Easement at
the southeast corner at the intersection of Stine
Road and White Lane.
g. Public Hearing to consider the proposed APPROVED
expenditure plan for the Supplemental Law AS COUCH
Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $621,509.00 State Grant
revenues to the Police Operating
Budget within the S.L.E.S.F. Fund.
Bakersfield, California, December 12, 2007 - Page 11
13.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
h.
Public Hearing to consider Zone Change No. 07-
1077; Jim Marino of Marino & Associates has
applied for a zone change on approximately
27acres, located generally south of Hageman Road,
west of Piedmont Avenue, and east of the
Burlington Northern Santa Fe (BNSF) railroad. An
appeal of the Planning Commission's decision was
submitted by Mr. Marino.
CONTINUED TO
JANUARY 16, 2008
1. Resolution denying the appeal and
approving the Zone Change from A
(Agriculture Zone) to M-1 (Light
Manufacturing Zone) on approximately 10
acres, and A to E (Estate Dwelling Zone) on
approximately 17 acres.
Hearings opened at 7:15 p.m.
No one spoke.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Hearings 13.a. through 13.g. with continuation
of item 13.h. to January 16, 2008.
14. HEARINGS
APPROVED
AS COUCH
15. REPORTS
a. Sustainable Growth Implementation Measures.
Development Services Director Stan Grady made a
presentation.
Councilmember Benham requested the Legislation and
Litigation Committee address revisions to the Parking
Ordinance.
b. Status of Transportation Projects.
Public Works Director Raul Rojas made a presentation.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
Bakersfield, California, December 12, 2007 - Page 12
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Benham requested a traffic study be
conducted on East Truxtun A venue near Sonora and
Tulare Streets, in the vicinity of the education center,
to determine if traffic safety measures should be
implemented. Additionally she provided
correspondence from former Councilmember
Salvaggio regarding the matter.
Councilmember Carson extended warm Christmas and
New Years' greetings to the Council and community.
Councilmember Weir wished everyone a Merry Christmas
and Happy New Year.
Councilmember Sullivan complimented all the Holiday
decorations in the City and in City Hall and wished
everyone a Merry Christmas.
Councilmember Scrivner complimented City Manager and
Attorney staff's for providing him excellent service the past
year and wished City staff and the community a Merry
Christmas.
Vice-Mayor Hanson requested staff address issues
with the brick wall on North Laurelglen.
Vice-Mayor Hanson requested staff repair dots on
speed bumps on Oak Road and Broad Oak near Christa
McAuliffe School.
Vice-Mayor Hanson wished everyone a happy Holiday
Season.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:47 p.m.
MA YOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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