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Home My WebLink About01/30/08_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 30, 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 Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One issue) b. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section 54957.6 c. Conference with Legal Counsel - Existing Litigation: Closed session pursuant to subdivision (a) of Government Code Section 54956.9 (Three cases). 1. City vs. City of Shatter (CEQA), et al Kern County Superior Court Case No. S-1500-CV-260277-RJO 2. City v. North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 3. 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 Major David Ebel, Corps Officer & Kern County Coordinator Salvation Army. 7. PLEDGE OF ALLEGIANCE by Zachary Fraze, 2nd grade student at Downtown Elementary. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to United Way, proclaiming January 31, 2008 as "Earned Income Tax Credit Awareness Day". 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 16, 2008, Special and Regular City Council Meetings. 12. CONSENT CALENDAR continued (Ward 1, 4 & 5) d. (Ward 1) (Ward 1 & 5) f. Payments: b. Approval of department payments from January 5, 2008 to January 17, 2008 in the amount of $13,809,386.40 and self-insurance payments from January 5, 2008 to January 17, 2008 in the amount of $255,140.79. Ordinances: c. First Reading of Ordinance amending Sections 17.04.547; 17.60.020 b.; 17.60.050 c.; 17.60.060 a.3.; 17.60.060 b.1-5, 9; 17.60.070; and 17.60.090 of the Bakersfield Municipal Code relating to signs. First Reading of Ordinance amending Bakersfield Municipal Code Sections ~ 1.12.01 0, ~ 1.12.040 and ~ 1.12.050 by adding Annexation No. 505 consisting of 54.34 acres, located west of Cottonwood Road, north of Panama Lane, Annexation No. 523 consisting of 33.01 acres, located on the north side of East Hosking Avenue, between South Union Avenue and Cottonwood Road, Annexation No. 528 consisting of 22.06 acres, located south of Chester Avenue and south of White Lane, generally west of South Union Avenue and Annexation No. 529 consisting of 64.47 acres, located at the southwest corner of South Fairfax Road and Redbank Road to Ward 1, Annexation No. 466 consisting of 83.47 acres, located north of Snow Road, generally west of the Calloway Canal, east of Allen Road, Annexation No. 531 consisting of 60.88 acres, located north of Stockdale Highway, generally west of Renfro Road, Annexation 542 consisting of 0.55 acres, located on the north side of Old Town Road, between Allen Road and Old Farm Road, Annexation 552 consisting of 2.45 acres, located on the north side of Brimhall Road, west of Calloway Drive, Annexation No. 562 consisting of 99.50 acres, located at the northeast corner of Snow Road and Coffee Road, west of the Beardsley Canal and Annexation No. 565 consisting of 91.65 acres, located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal to Ward 4, and Annexation 530 consisting of 77.56 acres, located at the northwest corner of Gosford Road and Tatt Highway to Ward 5. e. Adoption 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-21PCD (Planned Commercial Development) on approximately .25 acres located at 701 Union Avenue (ZC07-2017 - AMCAL Multi Housing) (FR 01/16/08) Resolutions: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 581 consisting of 77.72 acres, located on the west side of Fairfax Road, south of Redbank Road. (Ward 1) 2. Annexation No. 602 consisting of 1.70 acres, located on the north side of Taft Highway, generally west of Gosford Road. g. Amendment NO.1 to Resolution 63-97 for CalPers pre-tax pick up. 2 City Council Meeting of 1/30/2008 (Ward 1,4,&7) h. 12. CONSENT CALENDAR continued (Ward 6) (Ward 1) (Ward 1) (Ward 2) (Ward 2) (Ward 2,3) (Ward 6) (Ward 1) Resolution adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector: i. 1. Area 1-79 (Allen, Kratzmeyer NW) 2. Area 5-37 (Berkshire, Madison S) 3. Area 5-42 (Washington, Feliz SW) 4. Area 5-43 (White, S. Union NE) Resolution of Intention No. 1587 adding territory, Area 2-37 (District, Stine NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1588 adding territory, Area 5-44 (E. White Lane, S. Washington NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. j. Agreements: k. 2008 Agreement with HealthComp for IRS Section 125 unreimbursed medical and dependent care. I. Ground Lease Agreement with Richard Kutzner ($40 a month) for purposes of constructing an aircraft storage hangar. m. Consultant Agreements with Mcintosh & Associates ($200,000) and Willdan ($200,000) to provide "on-call" construction inspection services for Capital Improvement Program. n. Proposed Improvements at the Rabobank Arena: 1. Amendment NO.1 to Agreement No. 07-394 with Rossetti Associated, Inc. ($7,000; total not to exceed $47,000) to develop options not included in the original scope of work for a feasibility study. 2. Appropriate and transfer $7,000 Transient Occupancy Tax Fund balance to the Capital Improvement Budget within the Capital Outlay Fund to conduct a feasibility study for proposed improvements. o. Agreement with Three-Way Chevrolet to lease a 2008 Chevrolet pickup truck for the Police Department's "A Life Interrupted" Program. p. Amendment NO.2 to Agreement 02-061 with CC Plaza, LLC to extend lease agreement at 900 Truxtun Avenue for three years plus options to extend for two additional years. q. Contract Change Order NO.2 to Agreement 07-143 with MGE Underground, Inc. ($56,316.80 for a revised not to exceed amount of $1,043,714.80) for Traffic Signal Interconnect Part 4 on Auburn St. between Eissler St. and Columbus St. between Chester Avenue and Oswell St. Contract Change Order NO.1 to Agreement 06-136(1) with Floyd Johnston Construction ($71,653.52 for a revised not to exceed amount of $10,071,653.52) for the McCutchen/Gosford Sewer Litt Station. r. s. Contract Change Order NO.6 to Agreement No. 07-028 with Wallace and Smith Contractors ($41,995.46 for a revised not to exceed amount of $3,411,847.62) for Fire Station NO.5 and Police Satellite Office Project. 3 City Council Meeting of 1/30/2008 (Ward 1) (Ward 4) (Ward 3) (Ward 1) (Ward 2) (Ward 6) 12. CONSENT CALENDAR continued t. Saunders Park Recreation Facility: u. 1. Contract Change Order No.2 to Agreement No. 07-306 with Klassen Corporation ($29,963.95 for a revised not to exceed amount of $757,810.41) for a recreation facility. 2. Transfer $33,490 (both Change Order Nos. 1 & 2) from Public Works Capital Improvement Project (Fleet Services Building Remodel) to the Capital Improvement Budget within the Capital Outlay Fund. Installation of landscaped median on Stockdale Highway east of Renfro Road and Chapala Drive: 1. Reimbursement agreement with Castle & Cooke California, Inc. ($157,000) for construction of landscaped median on Stockdale Highway east of Renfro Road to Chapala Drive. 2. Transfer $133,475 from Public Works Capital Improvement Project (Miscellaneous Right of Way Acquisitions) to the Capital Improvement Budget within the Transportation Development Fund. v. 3. Transfer $23,525 from Public Works Capital Improvement Project (Miscellaneous Median Islands) to the Capital Improvement Budget within the Gas Tax Fund. East Hills Mall Project: 1. Amendment No. 1 to Agreement 06-227 with Gardens at East Hills Mall, LLC for purchase of property for commercial project and re-construction of sump. 2. Agreement with Gardens at East Hills Mall, LLC and M.S. Walker & Associates, Inc. for construction of parking facilities. 3. Agreement with Gardens at East Hills Mall, LLC ($196,000) for purchase of easement. Bids: w. Accept bid to award contract to Griffith Company ($410,310.00) for Street Improvements on Stockdale Highway (Wetherley to Oak Street). x. Accept bid to award contract to Shaff's Construction, LLC, dba Golden Construction and Excavation ($115,179.00) for Beach Park irrigation refurbishing project. Accept proposal and award contract to Evolution Markets ($412,734.08) to purchase the required Nitrogen Oxide offsets for the City's Wastewater Treatment Plant #3 2007 Expansion Project. y. z. Accept bid from McCain, Incorporated ($399,445.73) for traffic signal poles and equipment for new traffic signal installations. aa. Bid for lightbars, sirens and related equipment: 1. Rescind bid award to Wattco Equipment Incorporated ($35,156.66) 2. Award bids to next lower bidders, 911 Vehicle ($43,404.08) and Adamson Police Products ($627.25). (Total of bids $44,031.33) 4 City Council Meeting of 1/30/2008 (Ward 2) (Ward 5) (Ward 5) (Ward 5) (Ward 3) (Ward 3) 12. CONSENT CALENDAR continued Miscellaneous: bb. Revision to Miscellaneous Civil Service Rules & Regulations: Rule 5.02 Competitive Examinations cc. Quitclaim of cross easements to Newport Hospitality Group, successor in interest to John Q. Hammonds Hotel Two at 801 Truxtun Avenue. Staff recommends adoption of Consent Calendar items a through cc. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the 5 foot wide Pedestrian Walkway at Stolle Court and North Half Moon Drive. (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution ordering the vacation of the 10 foot wide Public Utility Easement in Tract No. 6295 Phase 1 and 2 located north of the intersection of River Ranch Drive and White Rock Drive. (Staff recommends adoption of resolution.) c. Zone Change No. 06-1149/Planned Development Review 07-1558(Mustang Square); Todd Smith, Cannon & Associates representing the property owner for Mustang Square, LLC, applied for a zone change and planned development review of an 89,536 square foot shopping center on approximately10.98 acres at the southeast corner of White Lane and Buena Vista Road. Blain Franzen has also filed an appeal of the Planning Commission decision. (Staff recommends continuance to March 12,2008 Council meeting.) 1. First Reading of Ordinance adopting Negative Declaration and amending Section 17.06.020 (Zone Map 123-18) of Title 17 of the Bakersfield Municipal Code from C-1 (Neighborhood Commercial) to C-21PCD (Regional Commercial/Planned Commercial Development Overlay) on approximately 10.98 acres and denying the appeal to the zone change. 2. Resolution denying the appeal and upholding the Planning Commission's approval of a planned development review (PD07-1558) for a 89,536 square foot shopping center at 3500 Buena Vista Road in a C-2/PCD Zone. d. Protest Hearing for proposed Assessment District No. 07-2 (Sydney Harbour): (Staff recommends overriding protest and adoption of resolution.) 1. Resolution approving the Final Engineer's Report, levying assessments, ordering improvements, and authorizing and directing related actions. 14. HEARINGS Public Hearing to consider Resolution adopting the Vineland Road/State Route 178 Interchange Specific Plan Line. Staff recommends adoption of the resolution. a. 5 City Council Meeting of 1/30/2008 14. HEARINGS continued (Ward 4)* 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 01/16/08 meeting) 1. First reading of Ordinance approving 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. Staff recommends adoption of a Negative Declaration, denyng the appeal and first reading of the ordinance. b. 15. REPORTS a. Community Services Committee Report regarding Recreation and Parks Master Plan Staff recommends adoption of the Plan. b. Update on Capital Improvement Program Budget 16. DEFERRED BUSINESS (Wards 1,2,4&5) b. (Wards 1,2,4,&5) C. a. Financial Commitment by the City to the Thomas Roads Improvement Program. (TRIP) Staff recommends Council authorization to continue to move forward with the steps necessary to complete this program. Project Charter for Centennial Corridor between California Department of Transportation Caltrans), County of Kern, Kern Council of Governments (KCOG), and the City. Staff recommends approval of Charter. Design Consultant Agreement with HNTB Corporation ($11,335,155) for Engineering and Environmental Services for Centennial Corridor. (TRIP) 17. NEW BUSINESS Staff recommends approval of agreement. 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT 01/24/08 12:00 pm Respectfully submitted, ~ ~~4J ~~ Alan Tandy City Manager 6 City Council Meeting of 1/30/2008 A HIGHLIGHTS . 8 COUNCfLMEETING R;~.MiItlN9'" 5:t5 aJ.m. ~osgp "gsslQlj There wiP be. a cometeACe with legal. existing litigation, andfJ ~erenE:e . . regarding one case of potential litigation and three cases of . r negotjator. ~NnJjUATION' ."UMR~. - ~xJmately 6:.30 Dm. CONS@NTCALENDAR Qn(J~ tmm 12c. April 2007, . enfqroem&nf ~nic to. . er chf.mges tottle sign with.' Ottember of Comm~. . foQal sign companies' concerning electronic message cffSplays, and two with represe~ ft:om atea~1e dealerships s~ to the use of banners and pennants. .ministratlve .report. The Committee .hOIda. public ~ the " ~6, 2007 PiaOOing Cbunal for adoption. .:...,. 1... .lll.llli. ,2006. Council enter$d into an '. land. for the expansion of on land 'adjacent to the toe. as af*iY.and It is TM second item provides fOr co~ of a parking facility over the reconstructed sump. .TI1e third item is an agreement that provides for GaR.ten$ to purchese an easement from the City for the parking facifity. IiII Item 12w. n for S t I . emen on Stockdal 10310. This project will narrow the medians along StoCkdale for three through lanes in each direction. Traffic Signals will the SR 99 southbound off-ramp, and at the Stockdale k .Street lnte . This project will be completed within CatTrans right of way and will . by another that will construct and extend three through ~nes in each directlon Y to west of Lane. This project is fund$d entirely with Transportation Development Fund$.F"rJe. acceptable bid$ we receMKf. Staff recomrrtends awarding the contract to Grtfrtth Company. E i t Traffic Two C9M$~TC&lHQ.l:IIMt" Resolutions of Intention ~ng the Intention to order the proposed vacations for Items 138. and b. w.... adopted by the City Council on January 16,2008. To date, no objections have been recetved. Item 138. Stolte Court are requesting the . residents. Item 13b. P~UO ~~ri"9 to ~siMr a R~ution ~ the Ten-Foot Wide PublicU1JljtY Easement (eUJ;1 tn T~~~. ~i~Ptta~ 1 and a~ North Oftn, r~on of~ Ranch pn,y,aAd White R~~. 'the property ownet~ JP/CP. Development Inc., a CaJffomia Corporation, is requesting tie vacation of the easement becau tiHties are located in the private streets right-of.way within Phases 1 and 2 of the Tract, and PUE is not needed. The Planning Commission first met on this matter on October 18,.2007, and continued it to November 1, 2007 to.aDow staff to respond to questioh$ and. add/modify conditiOns. The Commission had three areas of concern; traffic circulation from thedrive4hru restaurants. noise from the car wash, and on-site consumption of afcohol. The applicant addreS$ed tile as noted. in the administrative report. Ten individuals spoke at the two m,etings, thte8.in suppoJt. .in objec6ofit;~ _ffic problems and a preferenCe tokesp the existingC-1 zoneinpJat8.. The Planning Commission approved the project with negative votes from Commissioners Tragish and Tkac. Both Commissioners believe that the' existing C-1 zone is more appropriate for the site and less intrusive to the neighborhood since the car wash and drive..thru restaurants would not be permitted. The Planning COmmission's decision is being appealed by Mr. Franzen, a neighborhood resident. The applicant requests that the item be continued to March 12, 2008 to allow for further disCttssion. January 30, 2007 Agenda Highlights Page 2 Item 13d. Pu~lic ij~ring to C9nsiqer a ~es9Mi$>n aoo,?vina the Fina' Encjnser's RFrt and setting tb~ Date fqr f1;rbIJC H~a. of ~ fOr ~metJt Oi~J~o.07-2. lSYansvHarbor. On December 12. 2008 Council approved the Pll!1iminary ,Engineer's Report and $Cheduledthe hearing, as required bylaw for January 30, 2008. Following the cIo$e of the hearing, adoption of this resolution will approve the Final Engineer's Report. levy the assesarilentsand order the ,public improvements. The next step wilt be the Resolution Approving the Form, and Substance of Preliminary Official Statement and Bond Purchase Contract at the February 13. 2008 Council meeting. HE~INq. Item 14a. t era Interch8llJ8 S~ a. ~. The CitY. and. at that time. it $hbwed a future IntSl'i location at. VJhefandRoad. Ongoing urbanization and development created the need for . more specific definition of the area required for this interchange. The description of the Specific Plan Wne'is detailed in the administratiVe report. Item 14b. PubrIC t:tefring ~t:tn an. Aq~lof lhe Pla~ ~on's O$cfsion. to penv a Zone Chanae on~r9~~etv 27 A"~~ratJySoutf) 9fti80EJn8!'l Rbaq. w~v~Piedmorit Avenue ~1f.'~=.::::.1",,~~=~~~~ January 30, 2008, again at the appficant.s request. The proposal would allow for the development of 10 acres of light industrial along nRoad, and a maximum of is single family homes on %-acre lots the souI1em 17 acres of the prq' site. The applicant is also requesting ann8X$tion into the City of Bakersfield. 6E~ts The first report will be given by Rec:nation and Parks Director Dianne Hoover regarding the Community Services Report on the Recreetk)nend Parks Master Plan. The second 'report witl be an update of the Capital ImprOvement Program Budget by the Public Works Director, Raul Rojas; DEFE8REO 8ij'I~E" Item 16a. Financial Comrni~ent to the Thomas Road ImorovementPf,90ram. In 2005, the Thoinas Roads Improvement Program (TRIp) was iNfiated~ The TRIP Team, which includes the City; COunty of Kern; Caltrans; Kern CouncIJ of Governments (KemOog); and Patsons. ~ been working towards the common goal of improving 'ill tra .' and connectivity through the delivery of the various transportation improvementpidentified in The primary source of funding for TRIP comes from the Federal Safe, Acoountable~ Flexible, Efficient TransROrtation Equity Act, a Leg$CY for Users (SAFETEA-LU) in the form of $630 million. These funds, which were secured by Congressman Bill Thomas, were identified for projects of regional significance in the Bakersfield area. These funds serve as the backbone of TRIP and the major transportation improvement projects included in it. However, federal.funcling alone wilt not complete this aggressive program, additional state and local funding is requir$d. As the deSigl1$ted lead agency for TRIP, the City agreed to assume the largest portion of fina~cial costs. above the feGeral share to complete the TRIP projectS. This level of support will be made throi.lghout the tife of the progrem. Currently. this' 'is estimated at OV$r $400 milliOn and is inctusive of several important elements. as detailed in the admin fiVe report. January 30, 2007 A~a Highlights Page 3 The commitment of both future cash flow and ing capacity from Transportation Impact Fees, coupled with additionaJ. traffic mitig$tionrequi." . to new development are the necessary sources avaif8ble for. the City to meet its to 'P. In addition, ,the TRIP Team continues to pursue additional sourCes of. funding, such 8StransportatiOn ',lXlnd funds approved by California voters in 2006. As the TRfP Team moves forward with. their work, the'fmancialpIaA will be upd8ted on an annual basis to reflect variables- such as ,add . · . ft}at . aYaitableand tevisedproject cost estimates. each of which wm cause the of, s eotntnitrnehtto vary. However, it is clear that the commitment borne by require" a large bond in four to five years in order to g~ the ufred as.8ftter the construction phase. Item ,ffc. Approved: ' . Rhonda SmHey,Aulatant tothe.etty ,Manager ~ co: Oeparlment ~ CIty M8rvJget's t=If$ CIty a-t's 0Irlce NeWs MedIa FIle January 30, 2007 Agenda Highlights Page 4 ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Closed Session ITEM: 4. l'L-. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED I/? t/r1- It5 January 14, 2008 SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (One issue) VG:dll S:\CQUNC IL\CI Sess\Admins\07 -oS\01-30-0SPotLit.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Closed Session ITEM: 4" b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED fit: t/? Is January 18, 2008 SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section 54957.6 VG:vl S:ICQUNC ILICI SesslAdminsl07 -081 1-18-08LaborNegotiator.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Closed Session ITEM: 1/. f2 , TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Vt? I/tr' /is January 22, 2008 SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). · City of Bakersfield v. 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. Oi/dale Mutual Water Company Kern County Superior Court Case No. S-1500-CV-260384-LPE VG:dll S:ICQUNC I LICI SesslAdmin9107 -0810 1-30-08Exi9ILil3cases.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Presentations ITEM: q" CL. FROM: DATE: Mayor Harvey L. Hall January 17, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /Cs TO: Honorable Mayor and City Council SUBJECT: Presentation by Mayor Hall of Proclamation to United Way, proclaiming January 31, 2008, as "Earned Income Tax Credit Awareness Day". RECOMMENDATION: BACKGROUND: ndw January 17, 2008, 12:56PM S:\MAYOR\ADMIN\2008\EARNED INCOME TAX CREDIT.dot ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I d. CL I TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk January 19, 2008 APPROVED DEPARTMENT HEAD~~ rliJc/4r CITY ATTORNEY (. f CITY MANAGER lis SUBJECT: Approval of minutes of the January 16, 2008 Special and Regular Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: /()" b- TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED January 17, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~5 If SUBJECT: Approval of department payments from January 05, 2008 to January 17, 2008 in the amount of $13,809,386.40 and Self Insurance payments from January 05, 2008 to January 17,2008 in the amount of $255,140.79. RECOMMENDATION: Staff recommends approval of payments totaling $14,064,527.19. BACKGROUND: RAR January 18, 2008, 9:03AM s: \Richard\AP\AOMIN-AP .doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM NO: I J. c- , TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director January 16, 2008 APPROVED DEPARTMENT HEAD ~- CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: First reading of an ordinance amending Sections 17.04.547; 17.60.020 b.; 17.60.050 c.; 17.60.060 a.3.; 17.60.060 b.1-5, 9; 17.60.070; and 17.60.090 ofthe Bakersfield Municipal Code relating to signs. (All wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The Planning Commission unanimously approved forwarding this ordinance to the City Council for adoption at their meeting of December 6, 2007. In April, 2007, the City Council forwarded to their Planning and Development Committee referrals concerning the enforcement of electronic message displays and temporary signs (ie. banners, pennants, streamers, balloons). That Committee held a series of six public meetings from April through November to consider changes to the city's sign ordinance. Additionally, three public workshops were held in June and July by planning staff in conjunction with the Greater Bakersfield Chamber of Commerce, one with local sign companies concerning electronic message displays, and two with representatives from area automobile dealerships specific to the use of banners and pennants. The proposed changes to the sign ordinance are a result of those meetings. The Committee was shown this draft at their meeting on November 1, 2007 and they directed staff to hold a public hearing before the Planning Commission for comment and recommendation to the City Council. Electronic Message Disolays The Planning and Development Committee recommended a new section be added to the sign ordinance to include the following: · Pylon signs - limit to large retail developments (defined as containing buildings 50,000 square feet or more), or in shopping centers of 5 acres or more. · Monument signs - allow for both large and small developments but limit to one along each street frontage. · Require a 150-foot setback from residentially zoned areas January 16, 2008, 8:34AM S:\DBnBIADMINS\200BUBn\1-30 SIgns - BlBctronlc_bBnnsrs 1.doc ADMINISTRATIVE REPORT page 2 · Changeable copy would be pennitted for all of these signs. · Allow on outdoor advertising signs (billboards). (Because these signs are typically larger than business identification signs, they would continue to maintain the current 300-foot setback from residential areas). Banners. Pennants/Streamers The Planning and Development Committee recommended the following changes for use of banners and pennants (these changes were supported by participating representatives from both new and use automobile dealerships). · Soecial Event Sians: Increase the number of total days from 45 to 60 days and the number of events from 5 to 8 (per calendar year). · Pole Banners: Allow the permanent use of pole banners. Banners would only be allowed on light poles within the parking lot outside street rights-of-way. Two banners would be allowed on each pole (maximum size of 30" x 96"). The size and placement of these banners are consistent with those used by the City for promotional events. NOTE: Pole banners were found to present a professional appearance and provide appropriate advertisement for both new and used auto dealers. Additionally, because sign regulations are by zone district and must remain content neutral (i.e. cannot restrict by use), other types of businesses such as fast food establishrrents and shopping centers could use these banners in their parking lots without overwhelming the streetscape. · Pennants (streamers): Limit to hM> (2) strands (as suggested by the automobile dealers) around the perimeter of the approved outdoor sales area only. Use would be limited to properties zoned C-2 or M (these are the only zones where automobile dealerships and outdoor sales areas are allowed by right). Miscellaneous The other ordinance changes relate to the aforementioned recommendations to ensure consistency within the ordinance. They include amending the sign definitions to update the definition of an electronic message display and add a definition for a pole banner, add that permits are not required for banner use, add brightness control provisions for electronic signs, and revise the prohibited sign section to recognize the newly pennitted signs. Staff also recommends adding the Westside Parkway to the list of streets where pylon signs and billboards are prohibited. The Westside Parkway is designed as a landscaped scenic way to compliment the Kem River Parkway. Because pylon signs and billboards would be pennitted electronic message displays, to maintain scenic views of the Kem River consistent the Kern River Element, it is necessary to limit their impact along the parkway corridor consistent with the pylon prohibition along the Truxtun Avenue between State Highway 99 and Coffee Road. Lastly, staff is taking the opportunity to clarify a section in the C-O zone concerning center identification signs, and to all sign sections conceming setbacks (the current language is cumbersome). January 16. 2008. 8:34AM S:\DanaIADMINS\200BU8n\1-30 Signs - electronic_banners 1.OOc ADMINISTRATIVE REPORT CONCLUSION: page 3 The proposed ordinance amendments will help businesses successfully advertise their products, and improve regulations conceming new electronic technology. The Planning and Development Committee of the City Council and Planning Commission recommends the amendments be E:rlopted by the City Council. SUMMARY OF CHANGES A summary of each change is provided below with corresponding page number in the proposed ordinance: Section 17.04.547 17.60.020 B.11. 17.60.050 C.6. 17.60.060 A.3.e. 17.60.060 B.1. 17.60.060 B.2. 17.60.060 B.3-5 9 17.60.070 B. 17.60.070 E.11. 17.60.070 G. 17.60.090 Discussion Page(s) ole banner 2 4 6 6 6 8-10 11 14,17, 19,20, 22 24 26 27 28 28 29 29 30 setbacks C-O zone - clari setbacks business center identification si n ennants contain electronic dis la s January 16. 2008. 8:34AM S:\DanaIADMINS\2008Uan\1-30 SIgns - 8/8Ctronlc_bannars 1.doc ADMINISTRATIVE REPORT 'MEETING DATE: January 30,2008 AGENDA SE~TION: Consent Calendar ITEM: I.::;. r1 . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director January 15, 2008 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY Va CITY MANAGER /I..s SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections ~ 1.12.010, ~ 1.12.040 and ~ 1.12.050 by adding Annexation No. 505 consisting of 54.34 acres, located west of Cottonwood Road, north of Panama Lane, Annexation No. 523 consisting of 33.01 acres, located on the north side of East Hosking Avenue, between South Union Avenue and Cottonwood Road, Annexation No. 528 consisting of 22.06 acres, located south of Chester Avenue and south of White Lane, generally west of South Union Avenue and Annexation No. 529 consisting of 64.47 acres, located at the southwest corner of South Fairfax Road and Redbank Road to Ward 1, Annexation No. 466 consisting of 83.47 acres, located north of Snow Road, generally west of the Calloway Canal, east of Allen Road, Annexation No. 531 consisting of 60.88 acres, located north of Stockdale Highway, generally west of Renfro Road, Annexation 542 consisting of 0.55 acres, located on the north side of Old Town Road, between Allen Road and Old Farm Road, Annexation 552 consisting of 2.45 acres, located on the north side of Brimhall Road, west of Calloway Drive, Annexation No. 562 consisting of 99.50 acres, located at the northeast comer of Snow Road and Coffee Road, west of the Beardsley Canal and Annexation No. 565 consisting of 91.65 acres, located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal to Ward 4, and Annexation 530 consisting of 77.56 acres, located at the northwest corner of Gosford Road and Taft Highway to Ward 5. (Wards 1, 4 & 5) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 505, 523, 528, 529, 466, 531, 542, 552, 562, 565 and 530 into corresponding Council ward. These annexations were approved by LAFCO recently. Annexation No. 505 is located west of Cottonwood Road, north of Panama Lane. The property consists of 54.34 acres. The property owner proposes the development of single family residential units on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 523 is located on the north side of East Hosking Avenue, between South Union and Cottonwood Road. The property consists of 33.01 acres. The property owner proposes to develop ADMINISTRATIVE REPORT Page 2 of single family residential units on the site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 528 is located south of Chester Avenue and south of White Lane, generally west of South Union Avenue. The property consists of 22.06 acres. The property owner requested annexation for development purposes and to receive city services. Annexation No. 529 is located at the southwest corner of South Fairfax Road and Redbank Road. The property consists of 64.47 acres. The property owner requested annexation for development purposes and to receive city services. Annexation No. 466 is located north of Snow Road, generally west of the Calloway Canal, east of Allen Road. The property consists of 83.47 acres. The property owner proposes to develop of estate residential on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 531 is located north of Stockdale Highway, generally west of Renfro Road. The annexation consists of 60.88 acres. This annexation is City owned property and will be part of the Westside Parkway. Annexation No. 542 is located on the north side of Old Town Road, between Allen Road and Old Farm Road. The property is developed with a single family residence. The property owner requested annexation to receive city services. Annexation No. 552 is located on the north side of Brimhall Road, west of Calloway Drive. The property consists of 2.45 acres. The site is designated for office commercial development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 562 is located northeast corner of Snow Road and Coffee Road, west of the Beardsley Canal. The property consists of 99.50 acres. The property owner proposes the development of single family homes. The property owner requested annexation for development purposes and to receive city services. Annexation No. 565 is located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal. The property consists of 91.65 acres. The property owner proposes development of single family homes. The property owner requested annexation for development purposes and to receive city services. Annexation No. 530 is located at the northwest corner of Gosford Road and Taft Highway. The property consists of 77.56 acres. The property owner proposes the development of single family residential on approximately 70 acres and regional commercial development on the remaining portion of the project site. The property owner requested annexation for development purposes and to receive city services. S:\Annexation\Ordlnances\2007\admin\Admln Draft 12-12-07 523.562,552,530.466.505,565. 542.DOC ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: / d. e . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD $- January 17, 2008 CITY ATTORNEY /d1It4- CITY MANAGER f(s SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Map 103-31) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning 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 located at 701 Union Avenue (ZC 07-2017 - AMCAL Multi Housing) (Ward 1). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 16, 2008. The proposal would allow for the development of 56 multi-family residential units in six buildings, an associated community building, and a 3150 square foot commercial building on property owned by the City of Bakersfield. 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. 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 (Ine)\Staff ReportslAdmln Report 07-2017 2nd Readlng.doe ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I:).-P TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD 7t:r- CITY ATTORNEY jJjnJ CITY MANAGER ;Cs January 15, 2008 SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 581 consisting of 77.72 acres, located on the west side of Fairfax Road, south of Redbank Road. (Ward 1) 2. Annexation No. 602 consisting of 1.70 acres, located on the north side of Taft Highway, generally west of Gosford Road. (Ward 5) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolutions of application propose proceedings for annexation of uninhabited territory to the City of Bakersfield are identified as Annexation No. 581 consisting of 77.72 acres of land, located on the west side of Fairfax Road, south of Redbank Road and Annexation No. 602 consisting of 1.70 acres of land, located on the north side of Taft Highway, generally west of Gosford Road. These annexations are adjacent to the City limits and are within the City's Sphere of Influence boundary. The property owners have consented to annexation. The proposal is to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Appllc\Admin Draft 581 & 602.doc ADMINISTRATIVE REPORT MEETING DATE: January 31,2008 AGENDA SECTION: Consent ITEM: I',' APPROVED DEPARTMENTHEAD~ CITY ATTORNEY ~ CITY MANAGER /l5 SUBJECT: AMENDMENT NO.1 TO RESOLUTION 63-97 FOR CALPERS PRE-TAX PICK UP Honorable Mayor and City Council TO: FROM: DATE: Javier Lozano, Human Resources Manager January 7, 2008 Staff recommends approval of the resolution. BACKGROUND: Our current contract with PERS contains a provision that allows our employees to purchase at their cost, service credit on a pre-tax basis. This benefit was provided by Resolution 63-97. Because of a technical problem, PERS has requested that we amend this resolution to conform to the names of our labor groups. Example, Miscellaneous employees and Safety employees. This change has no impact on our existing or future labor agreements. Gr/JL P:\AGREEMENTS\Admin PERS Pretaxed pick. doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: / ,-j .. .)\- TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 17, 2008 DEPARTMENT HEAD CITY ATTORNEY ~ APPROVED /L CITY MANAGER /(s 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. (Wards 1,4,7) 1 . Area 1-79 (Allen, Kratzmeyer NW) 2. Area 5-37 (Berkshire, Madison S) 3. Area 5-42 (Washington, Feliz SW) 4. Area 5-43 (White, S. Union NE) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On January 16, 2008 the Council adopted Resolution of Intention No's. 1577, 1583, 1584 and 1585 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. Jan30_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: / /)_ " TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /;1.,( ~ MivL Is January 11, 2008 SUBJECT: Resolution of Intention No. 1587 to add territory, Area 2-37 (District, Stine NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of Parcel Map Waiver No. 07-2128 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 2-37 is generally bounded by a line approximately 560 feet north of District Boulevard on the north, Stine Road on the east, a line approximately 200 feet north of District Boulevard on the south and a line approximately 515 feet west of Stine Road 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(s) 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(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,!a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with -the subdivision map. A copy of this covenant is attached for reference. mr January 11, 2008, 1 :03PM MD2-37Ri05.dol ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I ()., ;. , u TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED January 11, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ICs SUBJECT: Resolution of Intention No. 1588 to add territory, Area 5-44 (E. White, S. Washington NW) 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 Tentative Tract No. 6871 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 5-44 is generally bounded by a line approximately 1,320 feet north of E. White Lane on the north, S. Washington Street on the east, E. White Lane on the south and a line approximately 1,320 feet west of S. 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 11, 2008, 2:20PM MD5-44Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: I.'), # k.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ Javier Lozano, Human Resources Manager January 7,2008 I" .I LI 6-- CITY ATTORNEY (.1.~ .....I.~"l t CITY MANAGER I?s ~ SUBJECT: 2008 Agreement with HealthComp for IRS Section 125 Unreimbursed medical and dependent care RECOMMENDATION: Staff recommends approval of the HeathComp Independent Contractors agreement. BACKGROUND: The HealthComp agreement was inadvertently omitted from the health care contracts that were approved at the November 27, 2007 meeting. HealthComp is the city's Section 125 (Unreimbursed Medical/Dependent Care) third party administrator. Under this plan employees may set aside pre-tax dollars for unreimbursed medical expenses or dependent care. There has not been an increase in the fees for this company for the last 4 years and there is not an increase proposed for the year of 2008. ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I J . J.. . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD A/'"l.. CITY ATTORNEY M CITY MANAGER /(5 FROM: Raul M. Rojas, Public Works Director DATE: January 15, 2008 SUBJECT: Bakersfield Municipal Airport Ground Lease (Ward 1) Ground Lease Agreement with Richard Kutzner for purposes of constructing an Aircraft storage hangar for a monthly lease fee of $40. RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of ground leases which allowed for the construction of owner-hangars. Currently there are 27 such Ground Lease Agreements and constructed hangars The term of this agreement is for a period of twenty years with the option of two five-year extensions. The approximate size of the aircraft storage hangar is 1,700 square feet. Each land lease agreement generates $40 per month in revenue. G:\GROUPDAT\ADMINRPT\2008\01-30\Ground Lease Agreement-Richard Kutzner Space B7.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: I J, m TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 17, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ ~c:; SUBJECT: Consultant Agreements with Mcintosh & Associates ($200,000) and Willdan ($200,000) to provide "on-call" construction inspection services for Capital Improvement Program. (All Wards) RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: To expedite the delivery of the Capital Improvement Program (CIP) and to supplement the demand for inspections related to development and subdivisions, staff implemented an "on-call" inspection program in 1996. This program augments current Construction Division staff by providing contract inspection services as needed for various City inspection demands. The program has proven to be very effective in maintaining staffing to provide timely response of the City's inspection responsibilities. These agreements will allow these programs to continue and are for construction inspection services for calendar years 2008 and 2009. In November, 2007 staff sent a Request for Proposals to local engineering firms. On November 14, 2007, five firms submitted responses: Mcintosh and Associates, Quad Knopf, Inc., Willdan, Psomas and Harris & Associates. After reviewing the submitted Statements of Qualifications and fee proposals, and based primarily on qualification scores of individual inspectors and secondarily on hourly rates, staff recommends approval of agreements with the following firms as being the most favorable to the City: Mcintosh and Associates (two inspectors) Willdan (four inspectors) No appropriations are necessary since these agreements will be funded by either budgeted capital improvement projects or by inspection fees collected from developers. G:\GROUPDA T\Construction\OnCalllnsp.Serv.-200B-20D9\AdMin Reportlnspec 200B-D9.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: I a. Il TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 14, 2008 APPROVED DEPARTMENT HEAD--.4? ./ CITY ATTORNEY ~ CITY MANAGER /Is SUBJECT: Proposed Improvements at the Rabobank Arena (Ward 2): 1. Amendment No. 1 to Agreement No. 07-394 with Rossetti Associated, Inc., ($7,000; total not to exceed $47,000) to develop options not included in the original scope of work for a feasibility study. 2. Appropriate and transfer $7,000 Transient Occupancy Taxes Fund balance to the Capital Improvement Budget within the Capital Outlay Fund to conduct a feasibility study for proposed improvements at the Rabobank Arena. RECOMMENDATION: Staff recommends approval of amendment, appropriation, and transfer of funds. BACKGROUND: On November 28, 2007 the City entered into Agreement No. 07-394 with Rossetti Associated, Inc., to provide for a feasibility study of proposed improvements to the Rabobank Arena. The proposed improvements include: . The two story entry addition inclusive of a bar/casual restaurant and premium restaurant on the second level; . Conversion of an existing concession stand/seating into a party event suite; . Conversion of an under utilized meeting room (Grape Room) into bar/concession area serving both the Convention Center and Arena; and . Conversion of another under utilized meeting room (Cotton Room) into a retail or concession area. Rossetti has notified the City that an additional $7,000 is needed to make revisions to drawings and develop a new construction cost report, requested by the City. January 16, 2008, 5:28PM G:\GROUPDAT\ADMINRPT\2008\01-30\Rabobank Amend 1.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: / :J. t) January 18, 2008 TO: FROM: DATE: Honorable Mayor and City Council William R. Rector, Chief of Police CITY MANAGER SUBJECT: Agreement with Three-Way Chevrolet to lease a 2008 Chevrolet Pick up Truck for the Bakersfield Police Department's "A Life Interrupted" program. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Bakersfield Police Department has developed an award winning multimedia program entitled "A Life Interrupted," which promotes safe driving for young drivers. The BPD presents the program to approximately 12,000 high school students per year. The program consists of a traffic officer discussing fatal collisions involving local teens, and really gets the attention of the students when mothers of some of the drivers killed in the collisions speak to the students about "their story." In the near future, the "A Life Interrupted" program will be expanded to include a display trailer which will house various vehicles which have been involved in fatal collisions. To show their support of the "A Life Interrupted" program, Three-Way Chevrolet Company has offered to lease a new 2008 pick-up truck to the Bakersfield Police Department to pull the display trailer. Three-Way Chevrolet will make all the lease payments over a three year period, at which time the City will take title of the vehicle free and clear. The City's only financial obligation is to pay the sales tax when title is transferred, and to maintain insurance for the vehicle. DB January 17, 2008, 5:07PM \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 07-08\ADMIN RPT (01-30-08) THREE-WAY AGT.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: I J. 0, . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~~ P-- I?s January 22, 2008 SUBJECT: Amendment No.2 to Agreement No. 02-061 with CC Plaza, LLC to extend lease agreement at 900 Truxtun Avenue for three years plus options to extend for two additional years. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On March 6, 2002, the City of Bakersfield entered into Agreement No. 02-061 to lease administrative office space at 900 Truxtun Avenue for the Recreation & Parks and the Economic & Community Development Departments. The City agreed to lease approximately 17,242 square feet of the 34,290 square foot building which was under construction at that time. This represented approximately two-thirds of the first floor and the entire second floor. On November 19, 2003, the lease was amended to delete a portion of the first floor lease space thereby reducing the leased premises to 16,712 square feet. Then in December of 2006, the City purchased the Borton Petrini Building. In January of 2007, the Economic & Community Development Department and the Fire Prevention Division were relocated from the second floor of 900 Truxtun to the third and fourth floors of the Borton Petrini Building, and the Thomas Road Improvement Program and Parsons were relocated from the third and fourth floors of the Borton Petrini Building to the second floor of 900 Truxtun Avenue. This was done to consolidate the TRIP personnel onto one floor to achieve operational efficiencies. The original lease was for three years with two one year extensions that will expire on January 31, 2008. It has been determined that it would be advantageous to continue the lease for an additional three years with two one year extensions. The amended lease would run through January 31,2013 if both extensions are exercised. Also the lease will be amended to delete all but 56 square feet of the first floor since Recreation & Parks will be relocating into the Borton Petrini Building in February of this year thereby reducing the leased premises to 10,856 square feet. The rent will also be increased from $1.55 a square foot to $1.70 a square foot or $18,455 per month on a modified full service basis, meaning the City will pay for rent and janitorial services and the landlord will pay all other costs. January 22, 2008, 8:42AM P:\MyFiles\Admin Reports\900 Truxtun Second Amend.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: 1~~Ct. u TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 4, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APEED tIA fJrn4 f(s SUBJECT: Contract Change Order No. 2 to Agreement 07-143 with MGE Underground Inc. ($56,316.80 for a revised not to exceed amount of $1,043,714.80) for the Traffic Signal Interconnect Part 4 on Auburn St. between Eissler St. and Columbus St. between Chester Ave. and Oswell St. (Wards 2 and 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Construction on this project began in July, 2007. During construction, it was discovered that several sections of existing traffic signal interconnect conduit, existing pull boxes, and existing pull rope were blocked, broken, or missing altogether along the various project sites. As a result of this problem, it was not possible to install new copper or fiber optic cable thru the existing interconnect conduit without first investigating the problem and repairing or replacing the necessary conduit components. The repair process involved exposing the damaged conduit, locating all nearby utilities, removing all debris from the pipe, repairing the pipe or pull box, and putting all items back in their original conditiOf'l. Several sections of existing conduit that needed repair were located along Coffee Road, Stockdale Hwy, and Truxtun Ave. Also during construction, a portion of the new conduit was installed using a rock-wheel trencher. In the process of using the rock-wheel trencher to dig the ditch to install the new conduit, several unmarked storm drain facilities where damaged by the trenching machine. The storm drain facilities that were damaged were not shown in any City Records, County Case Maps, or visible by site inspection. Four different storm drain facilities were damaged during the trenching process. The storm drain facilities were located along Columbus St. between Union Ave. and River Blvd. The repair process involved excavating the area around the damaged pipes, repairing the storm drain pipes, and returning the roadway to its original condition. This is the second contract change order to be submitted for the project. This change order will increase the project total by $4,292.80. The first change order was a project savings in the City's favor of $52,024.00. The change orders to date on this project reflect a net increase of $4,292.80 (which is an increase of 0.4% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement atter Change Orders Net Increase to date = $1,039,422.00 $1,043,714.80 $ 4,292.80 . = = Sufficient funds are budgeted to cover this contract change order. G:\GROUPDAT\ADMINRPT\2008\01-30IAdmin_RpCCCO 2 Traffic Signal Interconnect 4.doc SP ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: Id.r. APPROVED DEPARTMENT HEAD A CITY ATTORNEY ~ CITY MANAGER f(s SUBJECT: Contract Change Order No. 1 to Agreement No. 06-136(1) with Floyd Johnston Construction ($71,653.52 for a revised not to exceed amount of $10,071,653.52) for the McCutchen/Gosford Sewer Lift Station (Ward 6). TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 17, 2008 RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the construction of a sewer lift station at the intersection of Gosford Road and McCutcheon Road. Additional earthwork is necessary in order to properly construct earthen slopes in the area of the lift station. These slopes were initially built in accordance with an earlier version of the plans submitted for this project. However, these earthen slopes are part of the settling ponds at Wastewater Treatment Plant #3 and as such need to be modified and expanded to provide for erosion control and proper retention of treated wastewater. The contractor has agreed to perform this work for the lump sum price of $34,672.02. A blockage in the sewage system at Wastewater Treatment Plant #3 caused raw sewage to overflow and spill into the uncompleted lift station. In addition to pumping out the raw sewage, an extensive cleaning operation needs to be done in the "dry well" area of the lift station. Several electronic components were also damaged and must be either cleaned or replaced. The contractor has agreed to accept a lump sum of $25,156.59 for performing the necessary cleaning and repair operations. During construction, it was discovered that the vacuum break valves needed to be raised in order to clear the "catwalk" which will be used for maintenance of the lift station. The contractor has agreed to provide and install the pipe extension "spools" necessary for this work for the lump sum price of $602.48. While installing the stair assembly in the dry well area of the lift station, it was discovered that the mounting bracket outlined on the contract plans will conflict with the access hatch in such a way that the hatch cannot be closed. The contractor has agreed to modify this mounting bracket for the lump sum price of $842.77. Gauges required for monitoring the operation of the sump pumps need mounting brackets in order to provide for proper installation and monitoring. The contractor has agreed to build and install the brackets for the lump sum price of $491.07. In order to properly assemble some of the pipe components for the lift station, some additional stainless steel bolts and barrel type nuts will need to be furnished and installed. The contractor has agreed to provide and install these components for the lump sum price of $1 ,308.87. G:\GROUPDA nADMINRPT\2008\01-30\CCO 1 McCutcheon Gosford Lift Station.doc RM ADMINISTRATIVE REPORT Additional work, not called for on the plans and specifications, needs to be performed on the "Bio-Filter" component (which captures and eliminates sewer gas odor) of the lift station. This work includes, removing improper odor removing media and installing the proper media, removing and testing a blower motor, and fabricating an adapter to connect the "Bio-Filter" to the lift station ducting. The contractor has agreed to perform this work for the lump sum price of $8,579.72. This is the first change order to be submitted for this project. This change order will increase the project total by $71,653.52 (which is an increase of 0.7% of the amended contract amount) as illustrated below: . Amended Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $10,000,000.00 $10,071,653.52 $ 71,653.52 . = = G:\GROUPDAT\ADMINRPT\2008\01-30\CCO 1 McCutcheon Gosford Lift Station.doc RM ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: /.1..S DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ;(S SUBJECT: Contract Change Order No. 6 to Agreement No. 07-028 with Wallace and Smith Contractors ($41,995.46 for a revised not to exceed amount of $3,411,847.62) for the Fire Station NO.5 and Police Satellite Office Project (Ward 1). TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 17, 2008 VED RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the construction of a fire station and police satellite office at 106 E. White Lane. During construction, it was discovered that electrical wiring and conduits need to be installed for a new street light which is to be constructed on White Lane at the entrance to the fire station. This work was not called out in the project's plans and specifications, but is necessary in order to have a functioning street light at this location. The contractor has agreed to do this work for the lump sum price of $1,798.45. A revision is necessary for the kitchen cabinets in the fire station to make them functional where the corners on adjacent walls meet. This revision will increase the storage capacity of the cabinets and make the kitchen more functional. The contractor has agreed to do these revisions for the lump sum price of $885.35. The project specifications incorrectly called for the turnout lockers in the Fire Station to be provided by the City. The contractor has agreed to furnish and install these lockers for the lump sum price of $3,670.97. During construction, it was discovered that the Main Switch Board (MSB) needs to be changed from a Nema 1 cabinet to a Nema 3R cabinet. This is necessary because the project plans call for a Nema 1 cabinet which by design is intended for indoor installation; however, the plans also call for the MSB cabinet to be installed outside which requires a Nema 3R weather tight cabinet in order to comply with electrical codes. The contractor has agreed to accept a lump sum of $9,529.69 for this change. The painted finish on the building exterior outlined in the plans and specifications produced an unsatisfactory finish when installed on the mockup samples provided by the contractor. A more durable "Weatherlastic" trowel-on product provides a better finish and is considered to be maintenance free for 20 years (as compared to a 5 year maintenance period for painted finish). The contractor has agreed to provide the "Weatherlastic" finish for the lump sum price of $16,576.00. In order to protect the irrigation control wiring, the Contractor needs to furnish and install additional conduits to house this wiring. This protection is necessary because this facility is adjacent to many open fields and a canal which are infested with gophers and other burrowing rodents. The plans originally called G:\GROUPDAT\ADMINRPT\2008\01-30\CCO 6 Fire Station 5.doc RM ADMINISTRATIVE REPORT for these wires to be installed by direct burial and would subject the wiring to damage by these animals. The Contractor also needs to install redwood landscape borders at the west and east property lines where there is no fencing or mow curbs. This will separate the project's landscaping from the neighboring properties and act both as a weed barrier and containment for the landscape mulching. The contractor has agreed to make these landscape changes for the lump sum price of $5,316.00. During construction, the need for an additional concrete pad on the building exterior was discovered. This concrete pad is necessary for future equipment which is to be tied into a gas line installed near the rear entrance of the fire station. The contractor has agreed to do this work for the lump sum price of $1,384.00. The keypad pedestal for pedestrian traffic on the north side of the automatic gate that secures the rear areas of the fire station needs to be modified. The project plans originally called for the keypad to be installed on a 24" tall bollard at this same location which made it almost unusable as a pedestrian would have to kneel down to use the keypad. This modification to the keypad pedestal eliminates that problem. The contractor has agreed to do this work for a lump sum of $277.00. Due to security concerns, the Police Department has requested that Simplex 5000 10 button mechanical locks be placed on the front and rear entrances to the Police Substation portion of the building. The project plans and specifications provide for regular key type locks on the doors at these locations. This change will allow Police Officers to access the Substation by using a security code instead of a key. The contractor has agreed to accept a lump sum of $664.00 for this change. During construction, it was discovered that the water and vent piping outlined on the project plans for the water heater is insufficient. Revisions in this piping are necessary in order to provide for the safe and efficient operation of the water heater. The contractor has agreed to make these modifications for the lump sum price of $161.00. In order to maintain the structural integrity of the wood framing, the sunshade brackets and associated sheet metal trim need to be modified. The contractor has agreed to perform this work for the lump sum price of $757.00. During construction, it was discovered that additional electrical circuits and wiring need to be installed in order to power the motorized window blinds on the clearstory windows of the building. The contractor has agreed to perform this work for the lump sum price of $1,256.00. Window coverings shown in the project plans and specifications for the storefront windows in the lobby area of the building are not needed since the windows in this area will have shade canopies installed on the exterior of the building. The contractor has agreed to provide the City with a credit of ($280.00) for the deletion of the window coverings. This is the sixth change order to be submitted for this project. This change order will increase the project total by $41,995.46. The change orders to date on this project reflect a net increase of $101,157.62 (which is an increase of 3.1 % of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $3,310,690.00 $3,411,847.62 $ 101,157.62 . = = G:\GROUPDAT\ADMINRPT\2008\01-30\CCO 6 Fire Station 5.doc RM ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: 1,1.. -t:. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ;If( _ if?1nd Rs January 18, 2008 SUBJECT: Saunders Park Recreation Facility (yVard 1): 1. Contract Change Order No. 2 to Agreement No. 07-306 with Klassen Corporation ($29,963.95 for a revised not to exceed amount of $757,810.41) for the Saunders Park Recreation Facility Project. 2. Transfer $33,490 (for both Change Order Nos. 1 and 2) from Public Works Capital Improvement Project (Fleet Services Building Remodel) to the Capital Improvement Budget within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of Contract Change Order and transfer. BACKGROUND: This project provides for the construction of a recreation building in Saunders Park. During the course of construction PG&E relocated the service point which increased the length of the electrical power run by 520 lineal feet. This modification will also require the contractor to remove and replace pavement in the parking lot as a result of trenching operations. The contractor has agreed to accept a lump sum of $29,963.95 as full compensation for this additional work. This is the second change order to be submitted for this project. This change order will increase the project total by $29,963.95. The change orders to date on this project reflect a net increase of $33,489.41 (which is an increase of 4.6% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $724,321.00 $757,810.41 $ 33,489.41 . = = Staff requests that funds to cover both Change Order Numbers 1 and 2 ($33,489.41) be transferred from a budgeted Capital Improvement Project (Fleet Services Building Remodel). Due to technical issues, the Fleet Services Building Remodel project has been deferred. G:\GROUPDAT\ADMINRPT\2008\01-30\CCO 2 - Saunders Park Recreation Facility.doc RM ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I a . iL TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_is January 17, 2008 SUBJECT: Installation of landscaped median on Stockdale Highway east of Renfro Road and Chapala Drive (Ward 4): 1. Reimbursement agreement with Castle & Cooke California, Inc. ($157,000) for construction of landscaped median on Stockdale Highway east of Renfro Road to Chapala Drive. 2. Transfer $133,475 from Public Works Capital Improvement Project (Miscellaneous Right of Way Acquisitions) to the Capital Improvement Budget within the Transportation Development Fund. 3. Transfer $23,525 from Public Works Capital Improvement Project (Miscellaneous Median Islands) to the Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of agreement and transfers. BACKGROUND: Castle & Cooke California, Inc. (CCI) is currently developing land near the southwest corner of Stockdale Highway and Renfro Road. City desires to have a landscaped median installed on Stockdale Highway east of Renfro Road to Chapala Drive. Stockdale Highway is an arterial and will have 6 lanes and a landscaped median when completed. The City and CCI agree that CCI will construct the landscaped median and the City will reimburse CCI for actual construction costs, not to exceed $157,000. The majority of this agreement can be funded with traffic impact fees, which is reported within the Transportation Development Fund. The hardscape portion of the work is not part of the traffic impact program. For this portion of the agreement, staff recommends the use of Gas Tax Funds. Staff recommends that funding for this agreement come from the following two budgeted capital improvement projects: · Miscellaneous Right of Way Acquisitions · Miscellaneous Median Islands January 18, 2008, 8:16AM G:\GROUPDA T\ADMINRPT\ADMINFORM.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I J , V TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD WtA CITY ATTORNEY ~ CITY MANAGER f(.s January 22,2008 SUBJECT: Agreements regarding East Hills Mall Project: 1) Amendment No. 1 to Agreement No. 06-227 with Gardens at East Hills Mall, LLC for purchase of property for commercial project and re-construction of sump; and, 2) Agreement with Gardens at East Hills Mall, LLC and M.S. Walker & Associates, Inc. for construction of parking facilities; and 3) Agreement with Gardens at East Hills Mall, LLC for purchase of easement in the amount of $196,000. (Ward 3) RECOMMENDATION: Staff recommends approval of these Agreements. BACKGROUND: In August of 2006 the Council entered into Agreement No. 06-227 with Gardens of East Hills Mall, LLC ("Gardens") whereby the City agreed to sell and Gardens agreed to purchase land for development of commercial project (expansion of East Hills Mall). As part of that agreement Gardens agreed to re- construct a storm water retention facility ("sump") on land adjacent to the commercial project. The amendment to this agreement adds M.S. Walker & Associates, Inc. ("M.S. Walker") as a party to the agreement. Walker will re-construct the sump and provide bonds for the work. The second agreement provides for construction of a parking facility over the re-constructed sump property. The parking facility will provide parking for the commercial project. Walker will also do the construction and provide the bonds on this project as well. The third agreement provides that Gardens will purchase from the City an easement for the parking facilities over the re-constructed sump property. Gardens has agreed to purchase the easement for the sum of $196,000. RMS:lsc S:ICOUNClllAdminsl07 -08 AdminsIGardensAIEasIHiIIsMall.Agrs..doc January 22, 2008, 3:03PM ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITE M: / J , '^ ~ TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED January 10, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ lis SUBJECT: Accept bid to award contract to Griffith Company ($410,310.00) for Street Improvements on Stockdale Highway: Wetherley to Oak Street (Ward 1). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project will narrow the medians along Stockdale Highway from Wetherley to Oak Street to allow for three through lanes in each direction. Traffic signals will be modified at the Stockdale Highway and State Route 99 southbound off-ramp and at the Stockdale Highway/Brundage Lane at Wible Road/Oak Street intersection. This project will be completed within CalTrans right of way, and will be followed by another city project that will construct and extend three through lanes in each direction from Wetherley to west of Village Lane. This project is funded entirely with Transportation Development Funds. The Engineers Estimate for this construction contract was $588,058. There are sufficient funds in the project account for this contract. On December 19,2007, five acceptable bids were received as follows: Griffith Company 1898 South Union Avenue Bakersfield, Ca 93307 (City) in the amount of $410,310.00 Ortiz Asphalt Paving, Inc P.O Box 883 Colton, Ca 92324 in the amount of $470,765.57 Cruco Construction Company 2443 Foundry Park Avenue Fresno, Ca 93706 in the amount of $489,624.50 Granite Construction Company 585 W. Beach Street Watsonville, Ca 95076 in the amount of $510,200.25 Maverick Asphalt 3131 Wear Street Bakersfield, Ca 93308 in the amount of $574,185.10 (County) PW/Design Engineering/nsg January 10, 2008, 10:21AM G:\GROUPDAT\ADMINRPT\2008\01-30\T3K053 Stockdale Highway Median Narrowing.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: / a " x:: TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Rs January 10, 2008 SUBJECT: Accept bid and award contract to Shaff's Construction, LLC, dba Golden Construction and Excavation ($115,179.00) for Beach Park irrigation refurbishing project. The project site is located within Ward 2. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Tests indicate the Beach Park irrigation well is operating at 34.2% efficiency. The expected range of efficiency is 65-70%, therefore staff developed a refurbishing project. This project will also incorporate connection to City's computerized irrigation controller to allow for the most efficient irrigation cycles. Staff has submitted information to PG&E in order to be considered for rebates based upon anticipated electrical energy savings. A similar project was originally bid September 2006, and received two responses. Both bids were significantly beyond engineer's estimate and available funding. As a result, staff recommended Council rescind the bid. Additional funding was provided in FY2007-08, modifications to the plans and specifications completed and bid as a new project. Invitations to bid were sent to over three hundred forty (340) contractors and firms identifying an interest in the Beach Park Irrigation Refurbishment Project. Five bids were received in response to solicitation and are identified below: BIDDER Shaff's Excavation, LLC, Dba Golden Construction and Excavation Bakersfield, California H.P.S. Mechanical, Inc. Bakersfield, California AMOUNT $115,179.00 $122,123.00 Brown and Fowler Construction, Inc. Bakersfield, California $128,491.00 Bakersfield Well and Pump Company Bakersfield, California $135,765.00 V. Lopez, Jr. and Sons Santa Maria, California Staff finds the low bid submitted by Shaff's Excavation dba Golden Construction and Excavation to be acceptable. $189,914.00 G:\GROUPDAT\ADMINRPT\2008\01-30\Beach Park Tanks and Pump.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: , .'1. LI . V TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 17, 2008 APPROVED DEPARTMENT HEAD Ie CITY ATTORNEY Mn4 CITY MANAGER &- SUBJECT: Accept proposal and award contract to Evolution Markets ($412,734.08) to purchase the required Nitrogen Oxide offsets for the City of Bakersfield Wastewater Treatment Plant #3 2007 Expansion project (Ward 6). RECOMMENDATION: Staff recommends acceptance of proposal and award of contract. BACKGROUND: The City of Bakersfield operates Wastewater Treatment Plant 3 which is located on Ashe Road. Due to the expansion project currently underway at the Treatment Plant, new air permits are required from the San Joaquin Valley Air Board. In order to obtain approval for these permits, the City must purchase nitrogen oxide (NOx) offset emissions for the post-modification cogeneration engines and the anaerobic digester heaters. This is a one-time purchase. City staff requested proposals from emission brokers to procure the required emission offsets for the City from potential sellers. The City requested potential sellers to provide a quote for the cost of procuring the offsets that would satisfy the NOx requirements by the San Joaquin Valley Air Pollution Control District. Funding for the project is from the Sewer Enterprise Fund. Sufficient funds are budgeted to award this bid. One acceptable proposal was received on December 18, 2007 as follows: Evolution Markets 10 Bank Street White Plains, NY 10606 in amount of $412,734.08 PW WWllcs January 17, 2008, 2:10PM G:\GROUPDAnADMINRPT\2008\01-30\Purchase of Emissions Offset WWTP#3 2007 Expansion Project No E4K114.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: 1;),7 TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED January 18, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from McCain, Incorporated in the amount of $399,445.73 for Traffic Signal Poles and Equipment for new traffic signal installations. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for Traffic Signal Poles and Equipment. , BACKGROUND: Invitations to. bid were sent to seventy-two (72) suppliers of traffic signal equipment. Two (2) complete bids were received in response to the solicitation as follows: BIDDER AMOUNT $399,445.73 McCain, Incorporated Vista, California Jam Services, Incorporated Livermore, California $464,377.49 Staff finds the low bid to be acceptable and recommends award of the bid to McCain, Incorporated in the amount of $399,445.73. Purchasing Division S:\PURCHIADMIN\Signal Equipment FY 2007-2008. 07-08-44, January 30, 2008.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: f do . Qa ~ TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED January 16, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Bid for Lightbars, Sirens and related equipment. 1. Rescind bid award to Wattco Equipment Incorporated ($35,156.66). 2. Award bids to next lowest bidders, 911 Vehicle ($43,404.08); and Adamson Police Products ($627.25). Total re-awarded amounts to two vendors $44,031.33. RECOMMENDATION: Staff recommends rescinding award to Wattco Equipment and re-awarding items to 911 Vehicle and Adamson Police Products. BACKGROUND: On December 12, 2007, Council awarded items totaling $35,156.66 to Wattco Equipment Incorporated in a split award. Upon receipt of the order the vendor discovered he had made an error and was unable to supply the brand product required by the City. As a result, the vendor, Wattco Equipment Incorporated, has requested to revoke their bid offer and be relieved of the obligation to supply the order. Staff has reviewed this request with the City Attorney's office and we recommend rescinding the bid award and awarding the bid to the next lowest bidder. The next lowest bids for the items are 911 Vehicle, $43,404.08 and Adamson Police Products, $627.25. Spreadsheet is attached reflecting previously awarded items and new recommendation of awarded items. Purchasing Division S:\PURCH\ADMIN\Lightbars and Sirens (rescind award), 07-08-50, January 30, 2008.doc January 17, 2008, 10:17AM ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: I.df 66. TO: FROM: DATE: Honorable Mayor and City Council Javier Lozano, Human Resources Manag~~PEPARTMENT HEAD January 15, 2008 CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Revision to Miscellaneous Civil Service Rules & Regulations: Rule Examinations RECOMMENDATION: Staff recommends approval of the revision. BACKGROUND: The Miscellaneous Civil Service Board would like to amend a civil service rule that would require all promotional job postings to be City-wide unless pre-approval from the Board is obtained for a departmental, divisional or sectional posting. SEIU concurs with the proposed revision. The Miscellaneous Civil Service Board approved the revision at their January 15, 2008 meeting. Om) January 16, 2008, 2:21 PM S:\Admin Reports - 2008\Misc CS Rule Change 5.02 S.dot ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Consent Calendar ITEM: J a, c.c. , TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD /'/5 CITY ATTORNEY V~ CITY MANAGER lis January 18, 2008 SUBJECT: Quitclaim of cross easements to Newport Hospitality Group, a California Corporation, successor in interest to John a. Hammonds Hotel Two, L.P., a California Limited Partnership at 801 Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval of quitclaim. BACKGROUND: The current owners of the Holiday Inn Select located adjacent to the Rabobank Arena have been requested by their lender to ask the City to quitclaim the original Declaration of Mutual Easements and Cross-Easements recorded on October 18, 1994. These easements were originally done to accommodate the operational needs of the City and John Q. Hammons who purchased the structure that ultimately became the Holiday Inn Select. The operational needs resulted from having three buildings, the hotel, ballroom, convention center, physically and operationally connected but owned by two separate parties. In August of 2004, the City of Bakersfield sold the ballroom to John Q. Hammons Hotel Two, L.P. who then sold the hotel and ballroom to the Newport Hospitality Group. At this time the Declaration of Mutual Easements and Cross-Easements were redefined to reflect the changed circumstances and new ones were recorded. Also, the lot line between the Hotel/Ballroom and the Convention Center was adjusted and a Lot Line Adjustment was recorded. In order to remove any ambiguity created by having two sets of easements staff is requesting and believes it is appropriate to quitclaim the original Declaration of Mutual Easements and Cross-Easements recorded on October 18, 1994. January 18, 2008, 10:09AM P:\MyFiles\Admin Reports\Holiday Inn aC.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Hearings ITEM: / ,3 I' (L" TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY I4AL ~ /!IU5 I' CITY MANAGER lIs January 8, 2008 SUBJECT: Public Hearing to consider Resolution ordering 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 Bakersfield Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield 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. Resolution of Intention No. 1574 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of January 16, 2008. Notice of this public hearing has been duly advertised and posted as required by law. G:\GROUPDAT\ADMINRPT\2008\01-30\ROI 1574 Street Vacation Pedestrian Walkway Stolle Ct Hearing Final.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Hearings ITEM: I 3. 6. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD A- CITY ATTORNEY ? _ J-:ffL/L tM;; CITY MANAGER ~S January 15, 2008 SUBJECT: Public Hearing to consider Resolution ordering 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 private 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. 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 not received any objections from said owners as of the date of this report. The proposed vacation was approved by the Planning Department on December 21, 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. Resolution of Intention No. 1571 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of January 16, 2008. Notice of this public hearing has been duly advertised and posted as required by law. G:\GROUPDAT\ADMINRPT\2008\01-30\ROI1571 PUE Street Vacation Tract 6295 Final Hearing.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Hearings ITEM NO: /3, c-. APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER /(S SUBJECT: Zone Change 06-1149/ Planned Development Review 07-1558 (Mustang Square) - Appealed (Ward 5) TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director January 16, 2008 Todd Smith, Cannon & Associates representing the property owner Mustang Square, LLC, applied for a zone change and planned development review of an 89,536 square foot shopping center on approximately 10.98 acres at the southeast corner of White Lane and Buena Vista Road. An appeal of the Planning Commission's approval was submitted by Mr. Blain Franzen. 1. First reading of an ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map 123-18) of Title 17 of the Bakersfield MuniCipal Code from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development Overlay) on approximately 10.98 acres, and denying the appeal to the zone change. 2. Resolution denying the appeal and upholding the Planning Commission's approval of a planned development review (PO 07-1558) for an 89,536 square foot shopping center at 3500 Buena Vista Road in a C-2/PCD zone. RECOMMENDATION: Staff recommends conti nuance to March 12, 2008 Council meeti ng. BACKGROUND: The proposal will allow the development of an 89,536 square foot neighborhood shopping center. The applicant requested the zone change from C-1 to C-2/PCD to allow the inclusion of restaurant drive-thru services, on-site consumption of alcohol (in conjunction with a restaurant), and a car wash. All other proposed uses are currently permitted by right in the C-1 zone. The project meets all minimum city development standards, including the recently adopted architectural design requirements for a large retail center. The site plan depicts five separate single-story buildings ranging in size from 3,600 to 51,969 square feet. Two fast-food restaurants with drive-thru services are proposed along the western property line with frontage on Buena Vista Road. A 9,600 square foot multiple-tenant building with frontage along White Lane will include drive-thru services for a third restaurant (Starbucks). At the intersection of White Lane and Buena Vista Road, a 14,820 square retail building is proposed (Walgreens), which will have a drive-thru lane for pharmacy services. A grocery store (Fresh & Easy) and in-line retail uses are proposed for the largest building along the eastem property line. An automated car wash (Cruz Thru) is proposed approximately 55 feet from the southern January 18,2008. 8:21AM S:\DanaIADMINS\2008Uan\1-30-1149 - Mustang Square 1. doc ADMINISTRATIVE REPORT page 2 boundary of the site. The applicant also submitted technical studies to address environmental concerns regarding noise (car wash), air quality and cultural resources. The City Traffic Engineer did not require a specific traffic analysis since the site was previously studied for commercial development when the general plan changed in 1991. The proposal does not exceed those earlier traffic assumptions in that analysis, and the project will be required to pay appropriate traffic mitigation fees and improve the frontages of both White Lane and Buena Vista Road to full arterial street standards, including enhanced intersection improvements and right-turn lanes. The Planning Commission conducted a public hearing on October 18th, which was continued to November 1 st to allow staff to respond to questions and add/modify conditions. The Commission had three areas of concem; traffic circulation from the drive-thru restaurants, noise from the car wash, and on-site consumption of alcohol. Revisions agreed to by the applicant include limiting the site to two drive-thru restaurants, that on-site consumption of alcohol only be permitted upon approval of a conditional use permit, increase the landscaped setback along the southern property line next to the car wash to 18 feet (originally proposed at 7 feet), prohibit outdoor amplified sound (concern from the car wash but applies to the entire center), restrict delivery hours to only occur between 7 am - 10 pm, and add sound absorbing panels to the car wash canopy. Ten individuals spoke at the two meetings, three in support and seven in objection. Supporters noted the need to have services and employment within walking distance of their neighborhoods to reduce driving to other areas. Objections were about keeping the project more neighborhood oriented without drive-thru restaurants and the traffic problems they cause, and that the proposal was an attractive nuisance to students attending Stockdale High School. The principal from Stockdale High School also spoke with concerns about increased traffic and preferred to keep the existing C-1 zone in place. The Planning Commission approved the project with negative votes from Commissioners Tragish and Tkac. Both Commissioners commented that they felt the existing C-1 zone was more appropriate for the site and less intrusive to the neighborhood since the car wash and drive-thru restaurants would not be permitted. APPEAL: Mr. Franzen's appeal letter lists nine reasons the Planning Commission's approval should be overturned. Below, is a summary of his comments with staff's response in italics: 1. The Commission acted unlawfullv Der BMC 17.64.070. Section 17.64.070 requires the need for a public hearing, notice and decision by the Commission. Notice was provided to all property owners within 300 feet of the site, published in the Bakersfield Californian and the site was posted with two 4' x 8' signs identifying the project. The Commission heard public testimony and considered the evidence over two public meetings held on October 1 [f' and November 1st, 2007, aI/ in accordance with city and state laws. 2. The Commission conducted business outside the Dublic hearing. The Commission disclosed and conducted aI/ business regarding the project during the two public meetings. Additional/y, aI/ of the Commissioners noted publicly that they had been contacted by the developer, and some further noted being contacted by neighboring property owners. 3. The Commission negotiated on the neiahborhood's behalf without their lneiahborhoodl authority. Neighborhood residents provided comments and opinions regarding the project at the public hearing. The resulting decision took into consideration those comments and the developer agreed to revise the project in response to Commissioner and public concerns. The appeal process provides additional opportunity for the public to cOfTlTlent on the project. January 115, 2008, 8:21AM S:lDBnaIADMINSl200BUan\1-30-1149 - Mustang Square 1.doc ADMINISTRATIVE REPORT page 3 4. Concerns about the increased automobile emissions to residents from the drive-thru restaurants. The applicant submitted a detailed air quality study that analyzed dust and construction emissions from construction, building emissions (ie. heating and energy usage), offsite emissions from the anticipated increase of traffic on area roads, and automobile emissions from onsite circulation, including idling and starting/stopping. The analysis found that the proposal did not exceed thresholds established by the San Joaquin Valley Air Pollution Control District (SJVAPCD) concerning air emissions or adverse affects to public health. The SJV APeD received this report and had no comments on its conclusions. The project also incorporates emission reduction goals by including pedestrian walkways, extensive landscaping and open space, bicycle parking areas, and energy efficient buildings. Residents in support of the project noted that necessary services would now be within walking distance of their homes, thereby reducing overall emissions from automobiles. 5. Concerns about increased likelihood of West Nile Virus from the sumo and carwash. The car wash is designed with drains to re-circulate water for conservation purposes so there will not be standing water onsite to encourage mosquito breeding. The sump will be designed to percolate water within 7 days as required by City standards, and be maintained to prevent mosquitoes and other vectors. 6. Constitutional riahts denied for area residents. No constitutional rights were denied. Residents were free to attend the meeting and voice their opinion of the project without fear of reprisal or affest. 7. Develooment does not conform to the area. The property has been zoned commercial since 1991. Many of those commenting noted they were aware of the commercial zoning and that commercial development was inevitable. The Commission's approval was sensitive to resident's concerns by the imposition of additional project conditions to ensure the development was consistent with area development. 8. Develooment will be a nuisance to residents and the hiah school. See responses to #7 and #9. 9. The develooment is bliaht Blight is where buildings have fallen into a state of disrepair, deterioration, dilapidation and decay. This is not the case for this site. The site is cUffently undeveloped and causes nuisances due to dust, weeds, illegal parking and dumping. The proposal will enhance the area and provide needed services to the neighborhood. CONCLUSION: Based upon an initial study, staff has determined that the proposed project, with mitigation, could not have a significant effect on the environment. Therefore, the Planning Commission approved a Negative Declaration for this project in accordance with the California Environmental Quality Act (CEQA). All environmental issues have been mitigated and the project has been conditioned to ensure that it is consistent with area uses and with the goals and policies of the city's development standards. Therefore, it is recommended that the appeal be denied and that the Planning Commission's approval be upheld. January 16, 2008, 8:21AM S:\Dana\ADMINS\2008Uan\1-30-1149 - Mustang Squ8fa 1.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Consent Calendar ITEM: 13 ~ d" TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 23, 2008 APPROVED DEPARTMENTHEADoR1n ~~ CITY ATTORNEY ~ CITY MANAGER I! 5 SUBJECT: Resolution approving the Final Engineer's Report and setting date for public hearing of protests for Assessment District No. 07-2, (Sydney Harbour) (Ward 3). RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On December 12, 2008 Council approved the Preliminary Engineer's Report and scheduled the hearing as required by law for January 30,2008. Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Report, levy the assessments and order the public improvements. Thereatter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments which allows the pre-marketing and pricing of the bond sale by Stone & Youngberg, LLC. The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement and Bond Purchase Contract at the February 13, 2008 Council meeting. The Final Engineer's Report is on file in the City Clerk's Office. PW:jas January 23, 2008, 3:31 PM G :\GROUPDA T\ADMINRPT\2008\01-30\AD07 -2 .doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA SECTION: Hearings ITEM: 11. CL . TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER IGS January 8, 2008 SUBJECT: Public Hearing to consider Resolution adopting the Vineland Road/State Route 178 Interchange Specific Plan Line. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The City of Bakersfield adopted the State Route 178 Specific Plan Line on May 17, 1995 (Res. No. 83-95). The Specific Plan Line at that time did show a future interchange location at Vineland Road. Ongoing urbanization and development has created the need for a more specific definition of the area required for this interchange. The description of the Specific Plan Line is detailed in "Exhibit A." The City of Bakersfield has filed a Notice of Exemption for the adoption of this Specific Plan Line. There currently is no construction date set for this interchange phs G:\GROUPDAT\ADMINRPT\2008\01-30\Admin Report - SR178-Vineland Specific Plan Line.doc T4K112-SR 178 ADVANCED PLANNING ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Hearings ITEM: 14. J... TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD January 22, 2008 CITY ATTORNEY CITY MANAGER APPROVED ~. tlG /(S SUBJECT: Zone Change 07-1077, appealed. (Ward 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 approving 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 adoption of a Negative Declaration, denying the appeal and first reading of the ordinance. 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 and scheduled for hearing on January 16, 2008. At the January 16, 2008 meeting the applicant requested a continuance to January 30, 2008. 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 Report\Admin Report 07-1 077. doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Report ITEM: 10. ct.. . TO: FROM: DATE: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks APPROVED DEPARTMENT HEAD~ CITY ATTORNEY }:JtJt4 CITY MANAGER ICs January 18, 2008 SUBJECT: Community Services Committee Report regarding Recreation and Parks Master Plan (all Wards) RECOMMENDATION: Staff recommends adoption of the Recreation and Parks Master Plan. BACKGROUND: Director of Recreation and Parks, Dianne Hoover, will provide a power point presentation highlighting the process which began in early 2006. A disc is provided containing an Executive Summary and full Master Plan document with appendices On August 22, 2007, the Community Services Committee received an overview of the entire Recreation and Parks Master Plan from representatives of the consulting firm MIG. The presentation covered existing resources, results of a demand and needs analysis, general policy guideline recommendations, a fiscal analysis and implementation recommendations. A dratt version of the plan was provided to the Committee for their review and comment. On October 3, 2007, the Community Services Committee requested additional time to review the documents provided at the August 22, 2007 meeting. It was suggested by staff that the Committee concentrate on Chapter 6 - Implementation Recommendations - of the plan. On December 5, 2007, the Community Services Committee received a more focused presentation from Recreation and Parks Staff on Chapter 6 of the Plan. The presentation covered a number of implementation strategies and action items developed as a result of the research, analysis, community input and suggested policy development associated with the master planning process. The Community Services Committee recommended approval and consideration by full Council of the Recreation and Parks Master Plan. January 18, 2008, 11 :OOAM:saf S:\ADMINISTRATlON DIVISION\Admin Rpts\2007 Admins\Rec & Parks Master Plan Jan 16 OB.doc ADMINISTRATIVE REPORT Page 2 Recreation and Parks Master Plan 2007 Report The Recreation and Parks Master Plan provides the City with an opportunity to assess its past and future growth and where it is in terms of providing the needed facilities and programs to serve that growth. Also, it provides the City with an updated Master Plan containing recommended policies, park standards, current and future needs assessments, analysis of facility conditions and funding/financial suggestions. The result is a current strategic planning document allowing the City to address the needs, issues, and demands for recreation programs, facilities, and parks to better serve the Bakersfield community now and in the future. The consultants began with information gathering which included an inventory of parks and recreation facilities, extensive interviews with stakeholders, a statistically valid citywide phone survey, sports group survey and two Community Workshops. Analyses of current maintenance practices along with recreation programs and activities were undertaken as part of the Master Plan process. The survey results indicated that most residents pursue recreation for fitness and health. The community satisfaction with the Recreation and Parks Department's programs and activities was very high: more than 80%. The public's satisfaction of park and landscape maintenance of existing parks, medians and parkways is also very high. Over 80% of residents responded that they are either very satisfied or extremely satisfied with the maintenance level provided by the Recreation and Parks Department. Highlights of the Recreation and Parks Master Plan are: · Criteria for location of community and neighborhood/local parks with appropriate amenities · Action items to meet future sports field needs · Fiscal analysis which identifies opportunities for funding and financing · Suggestions for developing revenue sources for future acquisition and development projects · Analyses of current programs, facilities and maintenance with suggested guidelines to enhance these services The Master Plan concludes with a five-year proposed work program for the City of Bakersfield Recreation and Parks Department. The work program will be updated and modified on an annual basis, based on budget and public input as action items are completed. As adopted, the updated Master Plan will serve as a tool for City Council and staff to use when seeking guidelines and strategies associated with allocating the City's limited resources in the area of Recreation and Parks. Attachment: Master Plan Disc January 18, 2008, 11 :OOAM:saf S:\ADMINISTRATION DIVISION\Admin Rpts\2007 Admins\Rec & Parks Master Plan Jan 16 OB.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Reports ITEM: I,~ b< TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 17, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Update on Capital Improvement Program Budget !PROVED /l1 MJd /is RECOMMENDATION: BACKGROUND: The Public Works Director will present a mid-year report on the capital improvement program. G:\GROUPDA T\ADMINRPT\2008\01-30\CIP Report.doc ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Deferred Business ITEM: 16.a. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager APPROVED January 15, 2008 DEPARTMENT HEAD CITY ATTORNEY it.- CITY MANAGER /;7-,/ City of Bakersfield to the Thomas Roads Improvement SUBJECT: Financial Commitment by the Program. RECOMMENDATION: Staff recommends that the Council direct staff to continue moving forward with the steps necessary to commit City funds to advance the completion of the Thomas Roads Improvement Program. City contributions will include coverage of the statutory match of $84 million; a major bond issue anticipated in about four years that will generate an estimated $246 million; cash flow from Transportation Impact Fees, not dedicated to debt service; traffic mitigation requirements; and miscellaneous grants. The total commitment is expected to exceed $400 million and will be paid over the life of the program. BACKGROUND: In 2005 the Thomas Roads Improvement Program (TRIP) was initiated, creating a unique opportunity for several different governmental agencies to come together for one common purpose - the implementation of transportation improvements in Metropolitan Bakersfield, ultimately leading to improved regional connectivity. This multi-agency approach is unique in the realm of transportation project delivery and serves as a model for future efforts of this magnitude. The TRIP Team, which includes the City of Bakersfield; the County of Kern; Caltrans; The Kern Council of Governments; and Parsons (The City's Program Manager), has been working towards the common goal of improving regional transportation and connectivity through the delivery of the various transportation improvement projects identified in TRIP. The TRIP Team's mandate is to construct the identified projects in the most efficient and cost effective manner possible, in order to realize the benefits of these projects at the earliest possible date. Achieving this mandate requires a synergistic approach with each agency working cooperatively with one another toward this end. To date significant progress has been made by the TRIP Team and is evidenced, most visibly, by the ongoing construction of the Fairfax/SR 178 interchange. Other, less visible, work continues as well and includes design planning, right of way preservation and environmental document preparation. On February 22, 2008, the TRIP team will be hosting a groundbreaking which will mark the beginning of construction of the th Standard Road/SR 99 Interchange project. January 24, 2008, 2:21 PM AT:st ADMINISTRATIVE REPORT It is also worth noting that projects currently in or entering the construction phase, such as Fairfax/SR 178 interchange and 71h Standard Road/SR 99 interchange, are coming in below construction estimates identified in the TRIP financial plan: Project TRIP Financial Plan Construction Actual Construction Contract Estimate Fairfax/SR 178 Interchanf2;e $37.8 million $29 million 7th Standard Road/SR 99 Interchange $25 million $13.3 million Caltrans has conveyed that this trend is occurring throughout the state at this time. Although this is a positive trend for early TRIP projects, conservative estimates that take into account future cost escalations will be maintained for projects that are several years away from construction. The primary source of funding for TRIP comes from the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act, a Legacy for Users (SAFETEA-LU) in the form of $630 million. These funds, which were secured by Congressman Bill Thomas, were identified for projects of regional significance in the Bakersfield area. These funds serve as the backbone of TRIP and the major transportation improvement projects included in it. However, federal funding alone will not complete this aggressive program; additional state and local funding is required. To this end, the Kern County Board of Supervisors recently took action to secure $106.3 million for TRIP by authorizing county staff to develop a financing plan for county capital improvement projects. This financing plan will utilize a combination of available cash and bonding capacit~ and includes $72 million identified for the county's match to TRIP and $34.3 million identified for the 71 Standard Road Corridor, from Highway 99 to Santa Fe Way. The County of Kern's contribution, along with potential additional state funding, will compliment the current and future revenue committed by the City of Bakersfield for TRIP. As the designated lead agency for TRIP, the City of Bakersfield has stepped up and agreed to assume the largest portion of financial costs, above the federal share to complete the TRIP projects. This level of support will be made throughout the life of the program. Currently, this commitment is estimated at over $400 million and is inclusive of these important elements: . $84.1 million for Statutorv Match: The two sections of the SAFETEA-LU legislation that contained the TRIP earmarks (Section 1301 & Section 1302) require specific levels of local matching funds in order to leverage the federal dollars. Generally speaking, the process calls for the City to spend all the necessary funds required for specific project costs. These expenditures are then submitted to the federal government for reimbursement to the City. The City then receives the reimbursement less the required local match percentage (Section 1301 = 20% I Section 1302 = 11.5%). This has been the process since the onset of TRIP and will remain so throughout the program. This is a relatively quiet administrative process, but the $84.1 million over the life of the program is significant. . $246 million Bond Issue: Current analysis shows that cash flow requirements for the program can be met with existing revenues on a pay-as-you-go basis through FY 2012-13. The primary cash needs for TRIP are projected to occur in FY 2013-14 and FY 2014-15 and require over $200 million. An analysis of the City's bonding capacity shows that through the issuance of Certificates of Participation, the City can finance a significant portion of the cash flow requirements, dedicating January 24, 2008, 2:21 PM AT:st ADMINISTRATIVE REPORT portions of revenues generated from Transportation Impact Fees and gas tax revenues for debt repayment. Our bond underwriter will make a brief presentation at the Council meeting to provide further detail. . Additional Cash Flow: Transportation Impact Fees and gas tax revenues not dedicated to bond repayment will also be available to increase cash flow for TRIP. $20 - $30 million of a projected $62 million cash flow through 2013 is projected for this purpose. · Additional Traffic Mitiaation: Additional traffic mitigation requirements will require developers adjacent to TRIP projects to construct segments of these projects, when practical and feasible. This will be very similar to the agreement that exists between the City and Castle & Cooke, in which Castle & Cooke has agreed to build a portion of a future TRIP project, which is adjacent to one of their large development projects. Based on current projections of the pace of development, the anticipated value is estimated at $40 million. . Additional Grant Fundina: The TRIP Team continues to be active in pursuing all available grants that may be applicable for each TRIP project. This includes both state and federal sources of funding. Recent efforts include unsuccessful funding applications for several projects under the following two state programs, funded by Proposition 1 B: Conaestion Mobilitv Improvement Account: . Rosedale Highway widening . SR 178 widening State Route 99 Bond Projects: . Widen SR 99 from 6 lanes to 8 lanes . Widen SR 99 from 6 lanes to 8 lanes . Hosking Road/SR 99 Interchange Applications for projects listed below are still active: Trade Corridors Improvement Fund (Proposition 1 B): . Rosedale Highway widening - Allen Road to SR 99 including a grade separation at Landco - $16 million. Public Lands Hiahwav Discretionary Funds (Federal Proaram): . SR 178 widening - Canteria Drive to Miramonte Drive - $11.5 million. STIP Funds are allocated to the Westside Parkway with the current amount of $152 million being dedicated. $31 million more is expected to be added every two years until completion. While this is not technically a TRIP project, and these amounts are not included in the $400 million contribution total, the Westside Parkway is a core part of the transportation system and involves significant funding. Construction of the Mohawk Extension from Truxtun to Rosedale will be put out to bid in 2008. Phase 1 of the Westside Parkway is scheduled to begin in early 2009. January 24, 2008, 2:21 PM AT:st ADMINISTRATIVE REPORT Efforts to secure these types of additional funding sources will continue throughout the life of TRIP. While we will have not been successful in all of these applications, it is reasonable to anticipate some significant "wins", based on past history. The commitment of both future cash flow and bonding capacity from Transportation Impact Fees, coupled with additional traffic mitigation requirements applied to new development are the necessary sources available for the City to meet its obligation to TRIP. In addition, the TRIP Team continues to pursue additional sources of funding, such as state transportation bond funds approved by California voters in 2006. As the TRIP Team moves forward with their work, the financial plan will be updated on an annual basis to reflect variables such as additional funding that may become available and revised project cost estimates, each of which will cause the total amount of the City's commitment to vary. However, it is clear that the commitment borne by the City of Bakersfield will require the issuance of a large bond in four to five years in order to generate the large amount of capital required as multiple projects enter the construction phase. January 24, 2008, 2:21 PM AT:st ADMINISTRATIVE REPORT MEETING DATE: January 30,2008 AGENDA SECTION: Deferred Business ITEM: 16.b. FROM: DATE: Raul M. Rojas, Public Works Director January 22, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council SUBJECT: Project Charter for Centennial Corridor between California Department of Transportation (Caltrans), County of Kern, Kern Council of Governments (KernCOG), and the City of Bakersfield. (Wards 1, 2, 4 and 5) RECOMMENDATION: Staff recommends approval of the Project Charter. BACKGROUND: On large, complicated, State transportation projects, it is common practice for Caltrans to enter into a "Project Charter" or agreement with the local project sponsors, stakeholders, and other agencies involved with the project. Based on the complexity of the Centennial Corridor Project, it was determined that a Project Charter was warranted. The intent of the Charter is to outline the roles and responsibilities of the parties, defining how the above mentioned agencies and respective parties will work together to successfully deliver the Project as one Project Team and within an accelerated schedule. The Centennial Corridor Project Charter will provide guidance to the Project Team as the project continues to develop through the various phases of work (preliminary engineering, environmental, initial design, etc.). ! ADMINISTRATIVE REPORT' MEETING DATE: January 30,2008 AGENDA SECTION: Deferred Business ITEM: 16.c TO: FROM: DATE: Honorable Mayor and City Council January 8, 2008 APPC DEPARTMENT HEAD M CITY ATTORNEY l/(j CITY MANAGER P Design Consultant Agreement with HNTB Corporation ($11,335,155) for Engineering and Environmental Services for Centennial Corridor. (Wards 1, 2, 4 and 5) Raul M. Rojas, Public Works Director SUBJECT: RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Staff was authorized to bring this matter forward at the January 30, 2008 City Council meeting for discussion and action. Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental Services for Thomas Road Improvement Program (TRIP) Large-Sized Projects. Twelve firms responded to this RFQ: DMJM Harris (Orange County, California) HNTB Corporation (Santa Ana, California) Nolte/Mark Thomas (San Jose, California) Parsons Brinckerhoff (Los Angeles, California) Tetra Tech, Inc. (Longmont, Colorado) Washington Group International (Irvine, California) Lim and Nascimento (San Bernardino, California) Mark Thomas (San Jose, California) Moffatt & Nichol (Long Beach, California) PSOMAS (Sacramento, California) Katz, Okitsu (Monterey Park, California) RBF (Camarillo, California) Based on a review of their qualification submittals, the selection committee invited the first six of the firms listed above to interview with the committee. Interviews were held on September 13 and 14, 2006. Based on the rankings of the qualification submittals and the interviews, HNTB Corporation was selected to provide engineering and environmental services for the TRIP Centennial Corridor project. In accordance with federal procurement procedures for these types of services, after HNTB Corporation was selected, their cost for providing these services was then negotiated by the TRIP staff. The scope of services provided by HNTB will include: project management, preliminary engineering, environmental document preparation and approval, geotechnical support, and public outreach. Conceptual engineering provided will support the environmental document and meet the needs of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The work schedule for HNTB is approximately 48 months. -i. I ADMINISTRATIVE REPORT The project will consist of developing a connection of State Route 58 with the Wests ide Parkway. Several corridor alignments will be evaluated. Federal regulations require that an Environmental Impact Statement prepared under NEPA "rigorously explore and objectively evaluate all reasonable alternatives" and to "devote substantial treatment to each alternative considered in detail ... so that reviewers may evaluate their comparative merits". Staff anticipates that of the several corridor alignments that will be initially evaluated, at least four alternatives will advance to have detailed studies conducted including one to the west of SR 99, one to the east of SR 99, and one parallel to SR 99 as well as a "no build" alternative. The east of SR 99 alternative is expected to utilize an alignment which parallels the Burlington Northern and Santa Fe Railroad through the downtown area. This scope of work will include analysis of the Wests ide Parkway with this connector, and evaluate an alignment from the Wests ide Parkway west to Interstate 5. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 16, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting 4:00 p.m. SPECIAL MEETING - 4:00 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Council members Carson, Benham, Weir, Couch, Hanson, Sullivan (seated at 4:10 p.m.), Scrivner 2. PUBLIC STATEMENTS a. Mike Turnipseed, on behalf of the Kern County Taxpayers Association, submitted written material for consideration. 3. 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 Bakersfield, California, January 16, 2008 - Page 2 3. CLOSED SESSION continued ACTION TAKEN 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 REMOVED A T THE REQUEST OF THE CITY ATTORNEY 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 NO REPORTABLE ACTION Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 4:03 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed Session to Regular Meeting at 5:25 p.m. NO REPORTABLE ACTION Mayor Hall reconvened the Special meeting at 5:28 p.m. 3.8 CLOSED SESSION ACTION a. Conference with Labor Negotiator - Bill Avery; Closed Session pursuant to Government Code Section 54957.6 Bakersfield, California, January 16, 2008 - Page 3 ACTION TAKEN 3.8 CLOSED SESSION ACTION continued 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) b. 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 NO REPORTABLE ACTION 2. CANYONS, LLC, and DKS Investments, LLC, v. City Kern County Superior Court Case No. S-1500-CV-260175-AEW NO REPORTABLE ACTION 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 NO REPORTABLE ACTION 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 NO REPORTABLE ACTION 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 REMOVED AT THE REQUEST OF THE CITY ATTORNEY 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 City v. City of Shatter (CEQA), et al Kern County Superior Court Case No. S- 1500-CV-260277 -RJO NO REPORTABLE ACTION NO REPORTABLE ACTION 7. 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 NO REPORTABLE ACTION Bakersfield, California, January 16, 2008 - Page 4 3.8 CLOSED SESSION ACTION continued ACTION TAKEN 9. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384-LPE NO REPORTABLE ACTION 4. ADJOURNMENT Motion by Vice-Mayor Hanson to adjourn from Closed Session to Regular Meeting at 5:28 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 16, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5: 15 and 6:30 p.m. REGULAR MEETING - 5:29 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Scrivner Absent: None. 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) 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 Bakersfield, California, January 16, 2008 - Page 2 4. CLOSED SESSION continued ACTION TAKEN Item 4.c. continued 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 Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED Session at 5:31 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed APPROVED Session at 7:05 p.m. Bakersfield, California, January 16, 2008 - Page 3 RECONVENED MEETING - approximately 7:09 p.m. 5. ROLL CALL ACTION TAKEN Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Councilmember Carson 7. PLEDGE OF ALLEGIANCE by Stephan Potter, 4th grade student at Discovery Elementary School. 8. CLOSED SESSION ACTION 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 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 Bakersfield, California, January 16, 2008 - Page 4 8. CLOSED SESSION ACTION continued ACTION TAKEN Item a.c. continued 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 City Attorney Ginnaro announced Closed Session will resume later in the meeting and Closed Session Action will be announced after that session is concluded. 9. PRESENTATIONS None. Motion by Vice-Mayor Hanson to move item 14.b. APPROVED forward on the agenda to be conducted immediately after Public Statements. 10. PUBLIC STATEMENTS a. Dennis Fox spoke regarding the powder plant at Rosedale and Coffee. b. Bob Coons spoke regarding the Jastro Park swimming pool. Hearing item 14.b. moved forward on the agenda. Bakersfield, California, January 16, 2008 - Page 5 14. HEARINGS ACTION TAKEN 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. AGR 05-414(3) 2. Amendment NO.3 to Agreement 05-415 with Blue Cross/California Care - Managed Care Health Plan for Medical Services for employees and retirees. AGR 05-415(3) 3. Amendment NO.3 to Agreement 05-417 with Kaiser Permanente - Managed Care Health Plan for Medical Services for employees. AGR 05-417(3) 4. Amendment No.3 to Agreement 05-418 with Kaiser Permanente - Managed Care Health Plan for Medical Services for retirees. AGR 05-418(3) City Clerk McCarthy announced correspondence was received from the Insurance Committee regarding the health care contracts. City Manager Tandy made staff comments. Hearing opened at 7:39 p.m. Richard Watkins, Margaret Ursin, Chuck Waide and Gene Bogart spoke in opposition to the staff recommendation. Hearing closed at 7:56 p.m. Bakersfield, California, January 16, 2008 - Page 6 14. HEARINGS ACTION TAKEN Vice-Mayor Hanson directed staff to review the current process regarding implementation of coverage for employees and retirees including the following: . Review of timelines . Review the on-going relationship with Buck Consultants . Review every category within the insurance carriers regarding current status verses cost savings measures . Be prepared to negotiate with the Insurance Committee no later than June 3(jh each year in order to avert a yearly insurance crisis investigate the feasibility of implementing two or three year contracts . Plan modifications to be completed by October 31st each year Motion by Vice-Mayor Hanson to approve the health care contracts including a $356,060.00 reduction in premiums for plan changes. NO ACTION TAKEN Councilmember Couch requested the Personnel Committee investigate implementation of cap on a sliding scale rewarding retirees on their length of employment. Councilmember Couch requested Vice-Mayor Hanson incorporate a friendly amendment to his motion regarding the health care contracts that the balance of the shortfall be paid from the City Council Contingency Fund. ACCEPTED Councilmember Couch requested the Personnel Committee address retiree costs and explore providing different levels of coverage within the plans. Councilmember Benham called for the question. Motion by Vice-Mayor Hanson to approve the health care contracts including a $356,060.00 reduction in premiums for plan changes with the incorporation of Councilmember Couch's friendly amendment that the balance of the shortfall be paid from the City Council Contingency Fund. APPROVED, NS WEIR, SULLIVAN, SCRIVNER Recess taken from 8:30 p.m. to 8:40 p.m. 11. Bakersfield, California, January 16, 2008 - Page 7 APPOINTMENTS ACTION TAKEN 12. CONSENT CALENDAR None. 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. AS WEIR 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. (GPA/ZC 07-1193) (Applicant: Mcintosh & Associates/Property Owner: Fairfax Holdings LP) 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. (GPA/ZC 07-1535) (Applicant/Property Owner: City of Bakersfield) 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. (GPA/ZC 06-2053) (Applicant: East West Developers/Property Owner: Malladi S. Reddy) ORD 4482 d. ORD 4483 e. ORD 4484 12. Bakersfield, California, January 16, 2008 - Page 8 CONSENT CALENDAR continued ACTION TAKEN f. 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. (GPA/ZC 07-1218) (Applicant: Aaron Hashim/Property Owner: The Davis Family Trust) ORD 4485 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. (GPA/ZC 05-1420) (Applicant: Marino and Associates/Property Owner: Bakersfield-Taft, LLC) ORD 4486 h. 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. (GPA/ZC 07-1365) (Applicant: Carl R. Moreland/Property Owner: Banducci Land, LLC) ORD 4487 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. RES 001-08 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. RES 002-08 Bakersfield, California, January 16, 2008 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN k. Sewer Connection Fee Assessments for 13115 Monarch Palm Avenue: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Patrick A. Thompson and Karen J. Thompson to pay sewer connection fee in installments and notice of special assessment lien. RES 003-08 2. AGR 08-001 I. Sewer Connection and Construction Fees for the McDonald Area Sewer Project: 1. Resolution confirming assessments for RES 004-08 sewer connection fee including the construction fee and authorizing the collection of assessments by the Kern CountyTax 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, AGR 08-002 109 N. Stine Road b. Frank R. Nunez and Guadalupe C. AGR 08-003 Nunez, 116 N. Stine Road c. Christy L. Chappell & Steven A. AGR 08-004 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 bncollection of assessments by the Kern County Tax Collector. 1. Area 1-80 (Calloway, Flushing Quail NE) RES 005-08 2. Area 1-81 (Renfro, Reina NW) RES 006-08 3. Area 1-82 (Jewetta, Etchart SW) RES 007-08 Bakersfield, California, January 16, 2008 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN n. Resolution to extend the terms of existing PG&E RES 008-08 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, R011577 Area 1-79 (Allen, Kratzmeyer NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No. 1580 to add territory, RO/1580 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. q. Resolution of Intention No. 1583 to add territory, RO/1583 Area 5-37 (Berkshire, Madison S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. r. Resolution of Intention No. 1584 to add territory, RO/1584 Area 5-42 (Washington, Feliz SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. s. Resolution of Intention No. 1585 to add territory, RO/1585 Area 5-43 (White, S Union NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. t. Resolution of Intention No. 1571 to order the RO/1571 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. u. Resolution of Intention No. 1574 to order the RO/1574 vacation of the 5 foot wide pedestrian walkway at Stolle Court and N. Half Moon Drive. Bakersfield, California, January 16, 2008 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN 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. RES 192-06(1) 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. AGR 08-005 AGR 08-006 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. AGR 08-007 AGR 08-008 x. Agreement with CompuCom Systems, Inc. ($201,604.58) to provide Microsoft licenses for 1029 computers. AGR 04-241(3) y. Agreement with Environmental Systems Research Institute, Inc. ($42,678.13) to provide licenses and software support for server and client software. AGR 08-010 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. AGR 08-011 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. AGR 08-012 2. Appropriate $100,000 (developer's contribution) to the Development Services operating budget. Bakersfield, California, January 16, 2008 - Page 12 12. CONSENT CALENDAR continued ACTION TAKEN bb. 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. 1. Agreement with Castle & Cooke Commercial-CA, Inc. for preparation of PEIR. AGR 08-013 2. Agreement with RBF Consulting ($122,610) to prepare PEIR. AGR 08-014 cc. 3. Appropriate $122,610 (developer's contribution) to the Development Services operating budget in the General Fund. Agreement with Redflex Traffic Systems, Inc. for digital automated red light photo enforcement cameras. AGR 08-015 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. AGR 08-016 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. ee. 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). ff. 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. AGR 07-192(1) AGR 06-172(2) Bakersfield, California, January 16, 2008 - Page 13 12. CONSENT CALENDAR continued ACTION TAKEN 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. jj. Community Services Committee Report regarding City swimming pool analysis: 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. RES 009-08 Bakersfield, California, January 16, 2008 - Page 14 12. CONSENT CALENDAR continued ACTION TAKEN kk. Audit Reports for fiscal year ended June 30, 2007. 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. City Clerk McCarthy announced a correction to item 12.jj.4. 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. 13. CONSENT CALENDAR HEARINGS APPROVED a. Public Hearing to consider Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. RES 010-008 Bakersfield, California, January 16, 2008 - Page 15 13. CONSENT CALENDAR HEARINGS ACTION TAKEN 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. RES 011-08 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. Hearings opened at 8:42 p.m. No one spoke. Hearings closed at 8:42 p.m. Motion by Vice-Mayor Hanson to approve Consent Calendar items 13.a. and 13.b. APPROVED Bakersfield, California, January 16, 2008 - Page 16 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. ACTION TAKEN CONTINUED TO 1-30-08 14. HEARINGS 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. City Clerk McCarthy announced correspondence was received from Jim Marino, Marino and Associates requesting this item be continued. Staff comments by Development Services Director Grady. Hearing opened at 8:44 p.m. Motion by Councilmember Couch to continue the hearing to January 30, 2008. 15. REPORTS APPROVED None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Scrivner requested the Planning and Development Committee address improving the appearance of sound and retaining walls along freeways. Bakersfield, California, January 16, 2008 - Page 17 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Carson requested information regarding local government jurisdiction at the intersection of Union and Belle Terrace on the south side. Councilmember Sullivan requested staff provide information regarding the maintenance of the freeway on ramp northbound at Ming and Hwy. 99. Public Works Director Rojas responded. Councilmember Sullivan requested staff remove graffiti near Pinewood Lake at Akers and Planz; additionally she encouraged residents to continue assisting in graffiti removal and thanked them for past efforts. Vice-Mayor Hanson requested staff review an e-mail regarding prevailing wage and provided contact information. Vice-Mayor Hanson requested information regarding Fire Department response time in the Southwest; additionally he requested information regarding funding for Fire Station No. 14. Chief Fraze responded regarding response time and will provide further information on fire station funding. Mayor Hall thanked Marina Manzano for her service to the Keep Bakersfield Beautiful Program; additionally made comments regarding employee retention. Mayor Hall made comments regarding coordinating services with the County in order to maximize utilization of tax dollars. Motion by Vice-Mayor to re-adjourn to Closed Session at 8:56 p.m. APPROVED Motion by Vice-Mayor Hanson to adjourn from Closed Session at 10:20 p.m. APPROVED 8. CLOSED SESSION ACTION a. Conference with Labor Negotiator - Bill Avery; Closed Session pursuant to Government Code Section 54957.6 NO REPORTABLE ACTION b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3) (A) of Government Code Section 54956.9 (One issue) STAFF GIVEN DIRECTION 8. Bakersfield, California, January 16, 2008 - Page 18 CLOSED SESSION ACTION continued ACTION TAKEN c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. SETTLEMENT AUTHORIZED Victoria Rosales, et al v. City, et al USDC Eastern District Court Case No. CV- 05-237 REC TAG City Attorney Gennaro announced Council unanimously authorized settlement in the amount not to exceed $397,500.00. 2. CITY ATTORNEY GIVEN DIRECTION CANYONS, LLC, and DKS Investments, LLC, v. City Kern County Superior Court 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 CITY ATTORNEY GIVEN DIRECTION 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 CITY ATTORNEY GIVEN DIRECTION 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 DELETED 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 DEFERRED TO LA TER MEETING 7. City v. City of Shatter (CEQA), et al Kern County Superior Court Case No. S- 1500-CV-260277 -RJO DEFERRED TO LA TER MEETING 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 DEFERRED TO LA TER MEETING Bakersfield, California, January 16, 2008 - Page 19 8. CLOSED SESSION ACTION continued ACTION TAKEN 9. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384-LPE DEFERRED TO LA TER MEETING 19 . ADJOURNMENT Mayor Hall adjourned the meeting at 10:25 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield