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HomeMy WebLinkAbout03/26/08_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 26, 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 - Existing Litigation; Closed Session pursuant to subdivision(a) of Government Code Section 54956.9 for the following cases: 1. Ana Robledo, et al v. Thomas Lee Holt, Jr., COB, BPD, et al Kern County Superior Court Case No. S-1500-CV-258070-WDP 2. City and California Water Service v. Dow Chemical Company, et al San Mateo County Superior Court Case No. CIV 470999 3. DKS Investments, LLC; John M. Tarabino & Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-40 inclusive Kern County Superior Court Case No. S-1500-CV -259731-KCT b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1)/54957.6. RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Bishop Bernard Wallace, Church of Christ Christian Ministries. 7. PLEDGE OF ALLEGIANCE by Darby Sward, 5th Grade Student, Ronald Reagan Elementary. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Mr. John Nilon, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 7-13, 2008 as Public Health Week. b. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for One Legacy, proclaiming April, 2008 as National Donate Life Month. PUBLIC STATEMENTS 10. 11. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Elizabeth Gosling, whose term expires November, 2010. Staff recommends Council determination. b. One appointment to the Historic Preservation Commission due to the expiration term of Ann Sullivan, whose term expires March 30, 2008. Staff recommends Council determination. (Ward 4) 12. CONSENT CALENDAR continued (Ward 7) (Ward 4) (Ward 5) (Ward 5)* (Ward 5) (Ward 2) . upon annexation Minutes: a. Approval of minutes of the March 12, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from February 29,2008 to March 13,2008 in the amount of $23,966,495.13 and self-insurance payments from February 29, 2008 to March 13, 2008 in the amount of $233,191.82. Ordinances: First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-36) of the Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-21PCD (Regional CommerciaVPlanned Commercial Development) on 13 acres located on the south side of Hosking Avenue, and both sides of Hughes Lane (ZC 07-1724) (John Balfanz) First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map Nos. 101-02, 101-03, 101-04, 101-10 & 101-11) of the Municipal Code for five zone changes with: two zone changes from C-21PCD (Regional CommerciaVPlanned Commercial Development) to DI of 5.01 acres and 5 acres for a total of 10.01 acres; from R-1/PUD (One- Family Dwelling/Planned Unit Development) to DI on 5.0 acres; from R-1 (One-Family Dwelling) to DI on 5.01 acres and from M-1 (Light Manufacturing) to DI on 5.0 acres within the Rosedale Ranch development area located on the northwest corner of Olive Drive and Renfro Road, south of Seventh Standard Road, east of Santa Fe Way. (ZC 07-0898) (Applicant: Rick Engineering Company/Property Owners: Gardiner Family, LLC and Rosedale Farming Group) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-18) of the Municipal Code from C-1 (Neighborhood Commercial) to C-21PCD (Regional Commercial! Planned Commercial Development Overlay) on approximately 10.98 acres located at the southeast corner of White Lane and Buena Vista Road (ZC 06-1149) (FR 03/12/08) Adoption of Ordinance amending Title 17 (Zone Map No. 122-28) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 220-acres generally located along the south side of Panama Lane between Nord Avenue on the west and Kern County Water Bank Authority on the east and the south. (ZC 05-1580) (Applicant: Jim Manley/Property Owner: 10 Section LLC). (FR 02/27/08) Resolutions: c. d. e. f. g. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 549 consisting of 39.90 acres, located on the northeast corner of Old River Road and McCutchen Road. h. i. Resolution of Intention No. 1590 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No.2, Division 32 (South Mill Creek Mixed-Use Project). 2 City Council Meeting of 3/26/2008 12. CONSENT CALENDAR continued (Ward 2) j. (Ward 3,5) (Ward 1) (Ward 3) (Ward 1,2) (Ward 3) (Ward 2,5) (Ward 1) Resolution of Intention No. 1595 to order the vacation of East 21st Street between Beale Avenue and King Street and the alley located between East 21st Street, King Street, Sumner Street and Beale Avenue. Agreements: Final Tract Map and Improvement Agreements: 1. Improvement Agreements with Ocean Breeze Investments, for Parcel Map 11688 located south of Meany Avenue and west of Patton Way. 2. Final Map and Improvement Agreements with McMillin Albany, LLC., for Tract Map 6169 located south of Pacheco Road and west of Gosford Road. Agreement with Bakersfield Senior Housing, Inc. ($50,000 Community Development Block Grant Funds) to purchase and install a security fence at Lowell Place Senior Apartments located at 500 "RIO Street. m. Agreement with Wilson & Associates (not to exceed $100,000) for processing of developers' improvement acquisition requests for authorized improvements within the City's various Assessment Districts. k. I. Ditch Eradication and Pipeline Easement Agreement with Virginia Engineering & Construction Company, Inc. for canal located west of Patton Way and north of Meany Avenue. o. Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter ($62,800) for full scope annual audit of the 2007-08 fiscal year. n. p. Cooperative Agreement with the State of California Department of Transportation to construct a new freeway connection between State Route 58 (SR-58) and the eastern terminus of the Westside Parkway, known as the Centennial Corridor Project. (TRIP) Amendment NO.1 to Agreement No. 07-366 with Moore lacofano Goldsman, Inc. ($18,830; total not to exceed $438,870) for an aerial photograph, topographic site survey and updates to the grading and site plans for the Mesa Marin Sports Complex Project. Federal Emergency Management Agency Levee Accreditation Program: 1. Amendment No.1 to Agreement WR07-011 with Meyer Civil Engineering, Inc. ($265,000; revised not to exceed $300,000) to complete a field investigation and engineering study of City operated and maintained levees throughout Bakersfield. 2. Appropriate $265,000 Levee District Fund Balance to the Water Resources Capital Improvement Budget within the Agriculture Water Fund. Amendment NO.1 to Agreement 07-085 with Stinson's Stationers, Inc. ($350,000; revised not to exceed $700,000) and extending the term to March 12,2009 for office supplies. Amendment No.2 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc. ($250,000; revised not to exceed $600,000) for irrigation and landscaping services. Amendment NO.4 to Agreement No. 00-95 with William Avery and Associates, Inc. (not to exceed $52,000, including expenses) for negotiation and consultant services in employer- employee relations for a one year term. Contract Change Order NO.1 to Agreement No. 07-317 with Floyd Johnston Construction Company, Inc. ($152,678.00; revised not to exceed $1,513,728.00) for the project known as Northeast Sewer Phase 2: Redbank Road Extension. q. r. s. t. u. v. 3 City Council Meeting of 3/26/2008 12. CONSENT CALENDAR continued (Ward 1,6) (Ward 4) (Ward 2,3,4,6,7) y. Bids: Accept bid from Geocon Inland Empire Incorporated (not to exceed $45,500) for groundwater sampling and reporting to comply with Wastewater Treatment Plant Discharge Permits. Traffic Signal and Lighting System Installation at Old River Road and White Oak Drive: 1. Accept bid and award contract to Loop Electric ($148,056.00) for the project. 2. Transfer $100,000 from Public Works Capital Improvement Project (Ming Improvement Edna to Anita) to the Capital Improvement Budget within the Gas Tax Fund. Accept bid and award contract to Loop Electric, Inc. ($389,896.00) for the installation of Traffic Signal Interconnect - Part 5. Miscellaneous: w. x. Staff recommends adoption of Consent Calendar items a through y. 13. CONSENT CALENDAR HEARINGS 14. HEARINGS (Ward 3) (Ward 6)* Public Hearing to consider Resolution ordering the vacation of the 25-foot wide alleyway drive approach access off Auburn Street located east of Fairfax Road between Auburn Oaks Drive and Auburn Street. Staff recommends adoption of resolution. a. Public Hearing to consider Resolution denying the appeal by Daybreak Baptist Church and upholding the Planning Commission's decision approving Mcintosh & Associates, representing Centex Homes (property owner) application for Vesting Tentative Tract Map 6760 on 8.92 acres located on the north side of State Route 119 (Taft Highway) between Stine Road and Ashe Road. Staff recommends continuing hearing to the April 23, 2008 meeting. b. 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS a. Request by Councilmember Scrivner to consider Resolution regarding the Second Amendment. 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT 3/20/08 9:05am Respectfully submitted, qi...:-'.J ~~ /sv Alan Tandy City Manager 4 City Council Meeting of 3/26/2008 ~:\...,:r'.":~"'..'.:t :: . ,- ~~ ~,.. ~ t'~;j'IP\' AGENDA HIGHLIGHTS MARCH 26,2008 COUNCIL MEETING REGULAR MEETING - 5:15 O.m. CLOSED SESSION There will be a conference with legal counsel regarding three cases of existing litigation, and the City Manager's evaluation will be discussed. CONTINUATION OF REGULAR MEETING - aDDroximatelv 6:30 D.m. APPOINTMENTS There will be one appointment each to the Keep Bakersfield Beautiful Committee and Historic Preservation Commission. CONSENT CALENDAR Ordinances Item 12c. First Readinc of an Ordinance Aoorovina a Necative Declaration and Amendinc the Municioal Code bv Chancinc the Zoninc from a C-1 (Neichborhood Commercial) to a C-21PCD (Reaional Commercial/Planned Commercial DeveloDment) on 13 Acres Located on the South Side of Hoskina Avenue on Both Sides of Huches Lane. The applicant, John Balfanz, proposes a shopping center adjacent to the Hosking Avenue and Freeway 99 interchange. The request is consistent with the general commercial General Plan Land Use designation. The site is currently undeveloped. The Planned Development Overlay (PCD) portion of the zone change requires the developer to submit Preliminary Development Plans for Planning Commission review. The Plans include the site plan, landscaping plan, elevations, parking modules with pedestrian paths. On , February 7, 2008, the Planning Commission recommended adoption by the City Council. No one spoke in I opposition to the project. Item 12d. First Readinc of an Ordinance Aoorovinc a Necative Declaration and Amendina the Municioal Code for Five Zone Chances on 25.02 Acres Located on the Northwest Corner of Olive Drive and Renfro Road. South of 7th Standard Road. East of Santa Fe Way. Rick Engineering Company, representing Gardiner Family, LLC and Rosedale Farming Group, propose to establish five DI (Drill Island) zones for the Rosedale Ranch development area. This request is the result of a Settlement Agreement between the mineral rights' owner (Vintage Petroleum), the landowner of Rosedale Ranch development area and the City. The Agreement requires the landowner to establish the islands for Vintage's future mineral production in exchange for surface waivers for the remainder of Rosedale Ranch. On February 21, 2008, the Planning Commission recommended approval of the zone change by the City Council. No one spoke in opposition to the project at the Planning Commission hearing. Aareements Item 12p. Coooerative Acreement with the State of California Deoartment of Transoortation (Caltrans) to Construct a New Freewav Connection between State Route 58 lSR-58) and the Eastern Terminus of Wests ide Parkway. known a the Centennial Corridor Proiect. Caltrans, Kern Council of Governments (KernCog), Kern County and the City signed a Project Charter that conceptually defined roles and responsibilities for developing the project. A Cooperative Agreement has now been developed that legally defines the responsibilities of both Caltrans and the City regarding development of the project. This is a standard agreement required by Caltrans. Item 12r. Amendment No.1 to Acreement No. WR 07-011 with Mever Civil Enaineerina. Inc. to Comolete a Field Investication and Enaineerinc Study of Citv-Ooerated and,Maintained Levees in the amount of 5265.000. for a revised not to exceed amount of 5300.000. The Department of Homeland Security's Federal Emergency Management Agency (FEMA) is currently in the process of producing a countywide flood insurance report and Digital Flood Insurance Rate Maps (DFIRM) for Kern County. As part of the process, FEMA determined that sections of the Kern River Levee System through Bakersfield require documentation to show these levees meet Federal criteria. The City's deadline to submit the documentation is July 22, 2009. This Amendment will modify the agreement to include consulting services to complete a field investigation and engineering analysis of City-operated levees. The Water Board unanimously approved the Amendment on March 5, 2008 and recommends Council approval. An appropriation is needed to fund the work. Item 12v. Contract Chanee Order No. 12 to Aereement No. 07-317 with Flovd Johnston Construction Co.. Inc. for the Northeast Sewer Phase 2: Redbank Road Extension oroiect in the amount of $152.678. for a revised not to exceed amount of $1.513.728. This project provides for installing a 42-inch trunk sewer line on Redbank Road between Oswell Street and Mira Monte High School. This Change Order is necessary to fund a new 10-inch sewer line on Zephyr Lane between Oswell and Workman Streets that will connect these homes to the sewer treatment plant. Previously, there was a temporary line operated by the Kern Sanitation Authority. Bids Items 12x. and 12y. Award Contracts to Looo Electric for the Traffic Sienal and Liehtine SYStem at the Intersection of Old River Road and White Oak Drive and for the Traffic Sienal Interconnect - Part 5 Proiect in the amounts of 5148.056 and $389.896. resoectivelY. The first project consists of installing a complete traffic signal and lighting system, providing synchronization between signals, modification of pavement markings, and reconstructing access ramps to meeting ADA requirements. This will be funded entirely by Gas Tax Funds. Four acceptable bids were received. The second project will install traffic signal interconnect conduit and wiring at eight locations as detailed in the administrative report. This will be funded with Congestion Mitigation and Air Quality Program (CMAQ) funds. The Federal portion of this project will be 88.53% while the City will pay 11.47% with Gas Tax Funds. Seven acceptable bids were received. HEARINGS Item 148. Public Hearine to Consider a Resolution Orderina the Vacation of a 25-Foot Wide Allevwav Drive Aocroach Access off Auburn Street. East of Fairfax Road between Auburn Oaks Drive and Auburn Street. The request is a requirement from Caltrans for the future development of the Highway 178 Interchange off Fairfax Road. No objections have been received. Item 14b. Public Hearine to Consider a Resolution Denyina the Aoceal by Daybreak Baotist Church to the Plannina Commission's Decision to Aoorove an Acclication for a Vestine Tentative Tract Mac on 8.92 Acres Located on the North Side of State Route 119 {Taft Hiehwayl between Stine Road and Ashe Road. Mcintosh & Associates, representing Centex Homes, (the property owner), propose a single-family development. Due to an error by the Bakersfield Californian, the required public notice was not published. Therefore, this item cannot be heard at this meeting. Staff recommends opening the Hearing and continuing it to the Council meeting scheduled for April 23, 2008. ' . NEW BUSINESS Item 178. Reauest by Councilmember Scrivner to Consider a Resolution reaardine the Second Amendment. Councilmember Scrivner requested that this item be placed on .this agenda. Staff has no comment. Approved: Rhonda Smiley, Assistant to the City Manager & cc: DepartnnentHeads City Manager's File City Clerk's OffIce News Media File Agenda Highlights - March 26, 2008 Council Meeting Page 2 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: 4,~,'b. MEETING DATE: March 26,2008 TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED vCr '0& es March 18, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). . Ana Robledo, et al v. Thomas Lee Holt, Jr., COB, BPD, et al Kern County Superior Court Case No. S-1500-CV-258070-WDP . California Water Service and COB v. Dow Chemical Company, et al San Mateo County Superior Court Case No. CIV 270999 . DKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino; Canyons, LLC; and General Holding, Inc. v. The City of Bakersfield; Bakersfield City Council, and Does 1 through 50, inclusive Kern County Superior Court Case No. S-1500-CV-259731-KCT 2. Public Employee Performance Evaluation - City Manager Closed session pursuant to Government Code section 54957(b)(1) / 54957.6 VG:dll March 18, 2008, 4:02PM C:\Office\CISessAdm3-26-OS.ExIUtCMEval.doc ADMINISTRA liVE REPORT MEETING DATE: March 26,2008 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER e~ Mayor Harvey L. Hall March 14,2008 SUBJECT: Presentation by Mayor Hall of Proclamation to Mr. John Nilon, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 7-13, 2008, as "Public Health Week". RECOMMENDATION: BACKGROUND: ndw March 14,2008, 9:34AM S:\MA YOR\ADMIN\2008\PUBLlC HEALTH WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD lit- CITY ATTORNEY CITY MANAGER es Mayor Harvey L. Hall March 14,2008 SUBJECT: Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for OneLegacy, proclaiming April, 2008, as "National Donate Life Month". RECOMMENDATION: BACKGROUND: ndw March 14, 2008, 9:29AM S:\MAYORIADMIN\2008\NATIONAL DONATE LIFE MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Appointments ITEM: \ \ . a . TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk March 14,2008 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ~ CITY MANAGER fs SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Elizabeth Gosling (Ward 4), whose term expires November 2010. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there is one vacancy on the Keep Bakersfield Beautiful Committee due to the resignation of Elizabeth Gosling (Ward 4). The news release for this recruitment was posted on February 4,2008. One application for appointment has been received from Lyle David Martin. Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of eight Mayor/Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of the nominating Councilmember or Mayor; however, it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. March 17,2008, 8:30AM S:\Bds&Comm\KBBC\Admin Mar 2008.dot rg ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Appointments ITEM: \l. O. TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clea May 14, 2008 APPROVED DEPARTMENT HEArO~C-1tf CITY ATTORNEY~ CITY MANAGER fs SUBJECT: One appointment to the Historic Preservation Commission due to the expiration of term of Ann Sullivan, whose term expires March 30,2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there is one appointment to the Historic Preservation Commission due to the expiration of term of Ann Sulilvan, whose term expires March 30, 2008. The news release for this recruitment was posted February 4, 2008. Applications for appointment have been received from the following: . Nancy M. Talbot . Ann Elizabeth Sullivan The Commission is composed of five (5) members. Nominations to this Commission are made by the full Council. The Historic Preservation Commission is an advisory body to the City Council. Members must be residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term. The Commission reviews applications for Cultural Resource designations and applications for Historic Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the City Council. The Commission presides and conducts public hearings on designation applications and makes recommendations to the City Council. Meetings are held on the third Tuesday of each month at 4:00 p.m. as needed. March 14,2008, 11:17AM S:\Bds&Comm\HPC\ADMIN Mar 2008.dot ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: . . TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Cle~ March 14, 2008 APPROVED DEPARTMENT HEA~ '- AT CITY ATTORNEY CITY MANAGER f,s SUBJECT: Approval of minutes of the March 12,2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kl ADMINISTRATIVE REPORT MEETING DATE: March 26,2008 AGENDA SECTION: Consent Calendar ITEM: \ ~ . b . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD .;A/? CITY ATTORNEY ~ CITY MANAGER fs March 13, 2008 SUBJECT: Approval of department payments from February 29, 2008 to March 13, 2008 in the amount of $23,966,495.13 and Self Insurance payments from February 29, 2008 to March 13, 2008 in the amount of $233,191.82. RECOMMENDATION: Staff recommends approval of payments totaling $24,199,686.95. BACKGROUND: RAR March 13, 2008, 1 :42PM S:\Richard\AP\ADMIN-AP .doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: \:2. C . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD Y March 7,2008 CITY ATTORNEY if?In4- CITY MANAGER fs SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-36 of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a C-1 (Neighborhood Commercial) to a C-2 /PCD (Regional Commercial/Planned Commercial Development) on 13 acres located on the south side of Hosking Avenue, and both sides of Hughes Lane (ZC #07 -1724 - John Balfanz) (Ward 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On February 7, 2008, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from a C-1 (Neighborhood Commercial) to a C-2 /PCD (Regional Commercial /Planned Commercial Development) on 13 acres. The proposed project will be adjacent to the Hosking Avenue and Freeway 99 interchange. The request is consistent with the general commercial General Plan Land Use designation on the subject property. The site is currently undeveloped. No one spoke in opposition to the project at the Planning Commission hearing. The Planned Development Overlay (PCD) portion of the zone change requires the developer to submit Prf;tliminary Development Plans for Planning Commission review. Condition No.7 requires the proposed project to substantially comply with BMC Section 17.08.140, which regulates design standards for large retail developments. At a later date, Preliminary Development Plans depicting the site plan, landscaping plan, elevations, parking modules with pedestrian paths will be submitted for Planning Commission review. The project shall be required to provide architectural character to the buildings such as (but not limited to) variation in rooflines, facades, high quality finish materials, improved pedestrian circulation, a central feature and community space. In addition, the plans shall demonstrate how the shopping center complies with parking layout design including pedestrian pathways, landscaping (tree shading coverage), and other minimum requirements of the City's Zoning Ordinance. March 7, 2008, 9:11AM jeng I S:\DanaIADMINS\2008\Marl3-26-1724 1. docS:\DanaIADMINS\2008\Mar\3-26-1724 1.doc ADMINISTRATIVE REPORT Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Staff recommends first reading of the ordinance. March 7, 2008, 9:09AM jeng / S:\DanaIADMINS\2008\Mar\3-26-1724 1.docS:\DanaIADMINS\2008\Mar\3-26-1724 1.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: I;). ri I TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /J1J1A- CITY MANAGER eS Stanley C. Grady, Development Services Director March 5, 2008 SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map Nos. 101-02, 101-03, 101-04, 101-10 and 101-11) of Title Seventeen of the Bakersfield Municipal Code for five zone changes with: two zones changes from G-2/P.C.D. (Regional Commercial! Planned Commercial Development) zone to DI zone of 5.01 acres and 5.00 acres for a total of 10.01 acres; a zone change from R-1/P.U.0. (One-Family Dwelling/Planned Unit Development) zone to 01 zone on 5.0 acres; a zone change from R-1 (One-Family Dwelling) to DI zone on 5.01 acres; and a zone change from M-1 (light Manufacturing) zone to DI zone on 5.0 acres. Total acreage of proposed zone change request is 25.02 acres all within the Rosedale Ranch development area located on the northwest comer of Olive Drive and Renfro Road, south of Seventh Standard Road, east of Santa Fe Way (Applicant: Rick Engineering Company representing Gardiner Family, LLC and Rosedale Farming Group) (ZC # 07- 0898) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On February 21, 2008, the Planning Commission held an advertised public hearing on this zone change request, and recommended approval of the zone change by the City Council. The reason for the request is to establish five DI (Drill Island) zones for the Rosedale Ranch development area. This zone change request is the result of a Settlement Agreement between the mineral rights' owner (Vintage Petroleum), the landowner of Rosedale Ranch development area and the City of Bakersfield. Part of the settlement agreement requires the landowner to establish five drill islands within the Rosedale Ranch development area for Vintage's future mineral production in exchange for surface waivers for the remainder of Rosedale Ranch. The zone change request consists of five zone changes with: two zones changing from G-21P.C.D. (Regional Commercial/ Planned Commercial Development) zone to 01 zone one on 5.01 acres and another on 5.00 acres for a total of 10.01 acres; a zone change from R-1/P.U.D. (One-Family Dwelling /Planned Unit Development) zone to DI zone on 5.0 acres; a zone change from R-1 (One-Family March 10. 2008, 10:11AM P.E. / S:\DanaIADM/NS\200BWar\3-26-0898 1.doc ADMINISTRA liVE REPORT Dwelling) to DI zone on 5.01 acres; and a zone change from M-1 (Light Manufacturing) zone to DI zone on 5.0 acres. The total acreage for the proposed zone change requests is 25.02 acres all within the Rosedale Ranch development area. No one spoke in opposition to the project at the Planning Commission hearing. Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original project which included the subject properties and an Environmental Impact Report (Rosedale Ranch EIR) certified by the City Council on November 16, 2005. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. March 10, 2008, 10:11AM P.E. / S:\DanaIADMINS\2008\Mar\3-26-0898 1.doc ADMINISTRATIVE REPORT MEETING DATE: March 26,2008 AGENDA SECTION: Consent Calendar ITEM NO: l~.e. TO: FROM: DATE: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY t_ CITY MANAGER' & SUBJECT: Adoption of ordinance approving 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 located at the southeast comer of White Lane and Buena Vista Road (File No. 06-1149). (Ward 5) Honorable Mayor and City Council Stanley C. Grady, Development Services Director March 7, 2008 RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on March 12, 2008 and denied an appeal of the zone change by Mr. Blain Franzen. The project initially included two applications (1) a zone change request from C-1 to C-2/PCD, and (2) a planned development (PD) review of the site plan, including architectural elevations, for an 89,536 square foot shopping center with a grocery store, pharmacy, retail shops, two drive-thru restaurants, and a car wash. Just prior to the March 12th Council meeting, the applicant withdrew the PD review application so that it could be redesigned with new architecture and a revised layout that relocated the car wash to minimize concerns from the neighborhood. A new PD plan will be submitted to the Planning Commission to consider those revisions at a future public hearing, which will include notice to the residents of the adjacent neighborhoods. The project will be subject to the city's architectural design requirements for a large retail center. Although the current C-1 zoning on the site will allow most of the proposed uses typically found in a neighborhood shopping center, the applicant's requested zone change to C-2/PCD will allow inclusion of restaurant drive-thru services and a car wash. Technical studies to address environmental concerns regarding noise (car wash), air quality and cultural resources were included in the initial study/negative declaration. 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 and the proposed development does not exceed those earlier traffic assumptions. The project will be required to pay appropriate traffic mitigation fees, and improve the frontages along both White Lane and Buena Vista Road to full arterial street standards, including enhanced intersection improvements and right-turn lanes. The Planning Commission recommended approval of the Negative Declaration and zone change on November 1, 2007 with conditions, and recommends that the City Council adopt the ordinance as proposed. Msrch 7, 2008, 3:59PM S:\DanaIADMINSI2OO8Wsr\3-26-1149 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 26,2008 AGENDA SECTION: Consent Calendar ITEM: 12.-F-.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ March 4, 2008 CITY ATTORNEY ~ CITY MANAGER es SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 122-28) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 220-acres generally located along the south side of Panama Lane between Nord Avenue on the west and the Kern County Water Bank Authority on the east and to the south. (ZC 05-1580, Jim Manley, representing 10 Section LLC) (Ward 5, upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 27,2008. The project is commonly known as the 10 Section Project #05-1580 and consists of approximately 220-acres. For purposes of analyzing the environmental impacts of the project, the EIR considered impacts of construction a maximum of 788 single-family residential units on the project site, a concurrent general plan amendment and zone change, and land subdivision. The Planning Commission conducted a public hearing on this zone change on June 21, 2007, and recommended denial to the City Council. A letter from Jim Manley appealing this decision was received in the City Clerk's office on June 21, 2007. Prior to council approval of the related GPA and first reading of this ordinance, the applicant met with concerned agencies to develop a system of buffers, walls, setbacks and design modifications to address concerns voiced during the environmental review process. The number of homes originally planned was reduced and specific conditions were added to the project to implement the additional mitigation measures and design changes. The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Final EIR was certified by the City Council on February 27,2008. ADMINISTRATIVE REPORT Page 2 Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as conditions of approval, and construction in accordance with the Uniform Building Codes, aesthetics, light and glare, and traffic and circulation impacts would remain significant. Therefore adoption of the CEQA findings and a statement of overriding considerations by the City Council were required pursuant to Sections 15091 and 15093 of the CEQA Guidelines. JS-:S:\GPA 4th 2007\05-1580 (Ten Section EIR)\Staff Report\Admln 2nd reading.doc ADMINISTRATIVE REPORT MEETING DATE: March.;2/0,2008 AGENDA SECTION: Consent ITEM l~ .a.. u TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley G. Grady, Development Services Director DEPARTMENT HEAD 94H k <;&-t. March 26, 2008 CITY ATTORNEY f?r1A CITY MANAGER R.s SUBJECT: Property Abatements Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on March 10, 2008, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 1. 2. 3. 4. 5. 108 Augusta St. 908 Casino St. 2613 Dore Drive 811 Hacienda Dr. 719 S. Haley St. 018-190-07 170-222-02 022-232-06 170-240-35 019-112-11 $ 375.00 $ 620.00 $ 300.00 $ 545.00 $ 600.00 March 11, 2008, 3:56PM C:\Documents and Settings\bbrown\Desktop\ADMIN\admin MARCH 08.doc ADMINISTRATIVE REPORT Page 2 of 3 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 6. 323 S. King St. 7. 1107 ~ L St. 8. Lot So. Of 121 L St. 9. 3220 Lotus Ln. 10. 620 M St. 11. 2100 Madison Ave. 12. 1308 Malerbi Ct. 13. 501 Orchard St. 14. 1524 Richland St. 15. 3608 Shellmacher Ave. 16. 401 9th St. 018-140-17 009-022-07 010-321-30 170-190-09 009-342-05 170-161-15 412-231-26 011-043-05 011-101-13 172-133-15 009-504-05 $ 570.00 $ 444.00 $ 760.00 $ 575.00 $ 975.00 $ 900.00 $ 1,200.00 $ 300.00 $ 570.00 $ 670.00 $ 850.00 Ward 2/Councilmember Sue Benham 17. 3330 San Dimas St. 002-042-19 $ 900.00 Ward 3/Councilmember Ken Weir 18. 3213 Annapolis Dr. 021-242-11 $ 544.00 19. 4214 Elder Ct. 434-092-13 $ 480.00 20. 6111 Fairfax Rd. 439-113-02 $ 740.00 21. 2721 Hollins St. 021-361-20 $ 740.00 22. 6105 Spring Valley Dr. 365-153-06 $ 600.00 23. 1317 Telegraph Ave. 021-262-05 $ 480.00 24. 1413 Telegraph Ave. 021-262-09 $ 350.00 Ward 4/Councilmember David Couch 25. 9806 Autumn Serenade Ct. 525-031-04 $ 600.00 26. 11909 Stellar Ave. 465-423-25 $ 450.00 27. 9812 Valerio Ct. 525-071-02 $ 575.00 Ward 5/Councilmember Harold Hanson 28. 7900 Calle Espada 339-442-01 $ 800.00 29. 7604 Cibola Dr. 385-332-14 $ 730.00 March 11. 200B. 3:56PM C:\Documents and Settings\bbrown\Desklop\ADMIN\admin MARCH OB.doc ADMINISTRATIVE REPORT Page 3 of 3 PROPERTY LOCATION APN COST Ward 6/Councilmember Jacauie Sullivan 30. 31. 32. 33. 5800 Almendra Ct. 681 0 Drift Creek St. 6100 Landfair Dr. 5414 Rockview Dr. 355-081-25 498-661-10 355-094-04 532-072-04 $ 600.00 $ 450.00 $ 1,775.00 $ 550.00 Ward 7/Councilmember Zack Scrivner 34. 35. 36. 37. 1210 Hadar Rd. 1214 Hadar Rd. 4209 Monitor St. 4817 Stancliff Ct. 516-174-05 516-174-04 171-112-03 171-280-01 $ 900.00 $ 900.00 $ 350.00 $ 775.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. March 11. 2008, 3:56PM C:\Documenls and Settings\bbrown\Desktop\ADMIN\admin MARCH 08.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: \c1. h. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 28, 2008 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER & SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 549 consisting of 39.90 acres, located on the northeast comer of Old River Road and McCutchen Road. (Ward 5) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 549 consisting of 39.90 acres, located on the northeast comer of Old River Road and McCutchen Road. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Appllc\Admin Draft 549.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: I~. i. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director February 8, 2008 .MfBOVED DEPARTMENT HEAD /' L CITY ATTORNEY "J!!.- CITY MANAGER Es SUBJECT: Resolution of Intention No. 1590 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No.2, Division 32 (South Mill Creek Mixed-Use Project) (Ward 2). RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The formation of this district will require that all affected utility companies remove the overhead lines within the South Mill Creek Mixed - Use Project and place them underground. The district is bounded by the Burlington Northern & Santa Fe Railroad Tracks on the north, Q Street on the east, California Avenue on the south, and S Street on the west. The Resolution sets the date of May 21,2008 for the protest hearing. mps March 10, 2008, 2:50PM G:\GROUPDA l\ADMINRPT\2008\03-26\ROI Mill Creek.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: 1.;1.. \ .. u March 18, 2008 APPROVED DEPARTMENT HEAD ~~ '^ CITY ATTORNE~f~ Ii 'ft.;..k. t:?J11 > I CITY MANAGER & TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director SUBJECT: Resolution of Intention No. 1595 to order the vacation of East 21 st Street between Beale Avenue and King Street and the alley located between East 21st Street, King Street, Sumner Street and Beale Avenue. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Bakersfield Rescue Mission, is requesting the vacation of East 21st Street and Alley. The request is for the safety and security of their clients and the future creation of a campus setting. 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 an 8-inch and 6-inch sewer mainline in the alley, and reserves a 20-foot wide easement over the entire alley in the vacating area. There is no City storm drain in the proposed vacating area. The utility companies serving the area have been notified by mail. No objections were received as of the date of this report. The Pacific Gas and Electric Company and the California Water Service Company note that there is a gas line and waterline in the alley, and reserve a 20-foot easement over the entire alley in the vacating area. 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 March 7, 2008 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of April 9, 2008, on the proposed vacation. C:\Documents and Settings\rsiech\Desktop\1 ROl1595 E 21st Street and Alley-Consent Calendar.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: t~_1 , TO: FROM: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: March 10, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Bakersfield Senior Housing, Inc. to purchase and install a security fence for $50,000 of Community Development Block Grant Funds at the Lowell Place Senior Apartments located at 500 R Street. (WARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: In February of 2002, a 2.6 acre site was acquired by the Bakersfield Senior Center, Inc. in order to build an 80-unit senior apartment housing project at 500 R Street, for low income seniors. This project known as Lowell Place Senior Apartments was completed in April of 2005. Department of Housing & Urban Development (HUD) HOME Investment Partnership funds were used for the acquisition and construction of the senior housing complex. However, due to certain time constraints tied to the source of funds the security fencing around the property was not installed during construction. A subsequent request for new funding for the security fencing project was made by the Bakersfield Senior Housing, Inc. on October 4, 2006 and staff has worked with the Bakersfield Senior Housing, Inc. to achieve necessary project requirements to provide this much needed fence for the security of the seniors residing in the project. S:\Admins\City Council\City Council Admins 2008\Lowell Place Fence Project 021208.doc 3/10/2008 9:39 AM . APPROVED ....); ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: I~. rn J TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER M'Z::VED ~ .. II- & March 6, 2008 SUBJECT: Agreement with Wilson & Associates (not to exceed $100,000) for the processing of developers' improvement acquisition requests for authorized improvements within the City's various Assessment Districts. (All Wards) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Wilson & Associates (Contractor) is experienced and well-qualified in the field of assessment engineering. For authorized improvements within the City's various assessment districts, Wilson & Associates will process the developer's improvement acquisition payment requests. The contractor will review these requests and maintain contact with the City and developers to resolve any disputed issues related to said payment requests, and relay all information and acquisition payment approvals to the City for the City's use in payments processing. The total fee for each assessment district represents one percent (1 %) of the total improvement cost and improvement contingency. During the process of evaluating the requests, Wilson & Associates will keep the City informed if any of the payment requests takes longer to process than anticipated due to incomplete documentation submitted, any improvement changes and/or substitutions, non-response from developers and/or the developers' engineers, etc. Payments to Wilson & Associates are funded solely through the individual Assessment District's bond proceeds. The General Fund is not impacted. phs March 7,2008, 2:07PM G:\GROUPDAT\ADMINRPT\2008\03-26\Wilson&Assoc acq pmt proc agr.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: \ TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ tI? Rs March 6, 2008 SUBJECT: Ditch Eradication and Pipeline Easement Agreement with Virginia Engineering & Construction Company Inc., for canal located west of Patton Way and north of Meany Ave. 0Nard 3) RECOMMENDATION: Staff and Water Board recommend approval of agreement. BACKGROUND: The City is the owner of a right of way and easement on the Beardsley Canal K.R.C. & I. Company One Ditch, this section now exists as an open earth ditch. A portion of the One Ditch traverses certain real property owned by Virginia Engineering & Construction Company Inc. (Developer), west of Patton Way and north of Meany Ave. The Developer desires to fill in and eradicate said open ditch and substitute a reinforced concrete pipeline. The Developer will construct the pipeline and when completed the pipeline shall become the property of the City. The original 100 foot canal easement becomes a pipeline easement that is 40 foot wide. The Developer gains additional use of their property and the City acquires a pipeline facility that requires less maintenance and upkeep. The City Water Board at its meeting of March 5, 2008 reviewed this agreement. The Board voted unanimously to approve and recommend City Council approval. February 1, 2008 5:\2008 ADMIN REPORT5\admin 0326008 Ditch Erradication Pipeline easement.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: la,a. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /V'S !f- March 10,2008 SUBJECT: Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter ($62,800) for a full scope annual audit of the 2007-08 fiscal year. RECOMMENDATION: The Budget and Finance Committee recommends approval of the agreement. BACKGROUND: In February 2007, inquires were sent to approximately 28 local CPA firms and 9 outside firms, with four firms expressing an interest in the City Audit. Requests for Proposals were sent to the interested audit firms. Three firms submitted proposals which were reviewed by the Finance department. One firm did not submit their sealed dollar cost bid based on the requirement in the RFP and were excluded from consideration. The two qualified proposals were sent to the Budget and Finance Committee. The Budget and Finance Committee reviewed the proposals on April 30, 2007. The Budget and Finance committee recommended the selection of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter to perform the annual audit work for the 2006-07 fiscal year ($60,400), with the option of up to four (4) one year extensions. The Request for Proposal issued in February 2007 contemplated a five year commitment with the selected firm, with the 2006-07 fiscal year being year 1 of 5. A cost of living factor is built into the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in the scope of the audit and assuming no significant change in the audit workload as a result of Governmental Accounting Standards Boards (GAS B) actions that might take place in the future. Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter was agreeable to this additional contract language. The agreement referenced above is related to the audit for year 2 of 5. The difference in cost from year 1 to year 2 (based on the January 2008 CPI index) represents a 3.9% increase. 3/5/20089:39:00 AM S:\Admin\Admin Reports\2008 Brown Armstrong.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: ( . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD-m A CITY ATTORNEY f8;Jz4 CITY MANAGER IX March 13, 2008 SUBJECT: Centennial Corridor Proiect (Ward 1 and 2) Cooperative Agreement with the State of California Department of Transportation to construct a new freeway connection between State Route 58 (SR-58) and the eastern terminus of Westside Parkway, known as the Centennial Corridor Project. (Wards 1 and 2) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The State of California Department of Transportation (Caltrans) and the City of Bakersfield are working together on a new freeway connection between SR-58 and the eastern terminus of Westside Parkway as part of the Thomas Roads Improvement Program (TRIP). The City entered into an agreement with HNTB on January 30, 2008 to provide Engineering and Environmental Services for the above mentioned project. Caltrans, the City, the Kern Council of Governments (KernCog) and the County of Kern signed a Project Charter which conceptually defined roles and responsibilities for the above mentioned agencies for developing the project. A Cooperative Agreement has now been developed that legally defines the responsibilities of both the City and Caltrans regarding development of the project. Cooperative Agreements are standard Caltrans required documents that are entered into whenever a local agency and Caltrans jointly develop a project along a current of future state route. March 14,2008, 8:50AM Tdw:G:\GROUPDA T\ADMINRPl\2008\03-26\Centennial Corridor Cooperative Agr.doc ADMINISTRATIVE REPORT MEETING DATE: March 26,2008 AGENDA SECTION: Consent Calendar ITEM: I~ . ct. U TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director March 12, 2008 APPROVED DEPARTMENT HEAD p: ~ CITY ATTORNEY ~ V CITY MANAGER Es SUBJECT: Amendment No.1 to Agreement No. 07-366 with lacofano Goldsman, Inc. ($18,830; total not to exceed $438,870) for an Aerial Photograph, Topographic Site Survey, and Updates to the Grading Plan and Site Plan for the Mesa Marin Sports Complex Project 0/'Iard 3). RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The Mesa Marin Sports Complex Project (project) is currently in the design phase, and additional information is needed by Moore lacofano Goldsman, Inc. (Design Consultant) to finalize the design. The topographic survey information that was provided to the Design Consultant by the City is several years old and was obtained from a number of different sources. Since the original surveys were completed grading activities have occurred on portions of the site. In order to create an accurate and up-to-date grading plan and site plan, the Design Consultant will need an updated survey for the entire project site. In order for the Design Consultant to proceed with design, the following additional work items are required: 1. Aerial color photograph and topographic map; 2. Field surveys; 3. Revisions to the preliminary grading and utility plans; and 4. Revisions to the preliminary park site plan. By obtaining an accurate and up-to-date survey of the project site, a more accurate design can be completed by the Design Consultant. This will allow the City to have a more accurate earthwork quantity estimated before construction begins, hopefully eliminating excessive change orders. The amendment will increase the Design Consultant fee by an additional $18,830, from an original total contract amount of $420,040 to a new total contract amount of $438.870. Sufficient funds are budgeted to cover this amendment. Olm) (Project No. P5C216) March 10, 2008, 2:24PM S:\PROJECTS\Jason Meadors\P5C216 - Mesa Marin Softball\Admin Report-Amend No1 (030708).doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: I.,:} I.r:. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ (/&-- 0; March 13, 2008 SUBJECT: Federal Emergency Management Agency Levee Accreditation Program. (Wards 2,5) 1. Amendment NO.1 to Agreement No. WR 07-011 with Meyer Civil Engineering, Inc. ($265,000; revised not to exceed $300,000) to complete a field investigation and engineering study of City operated and maintained levees through Bakersfield. 2. Appropriate $265,000 Levee District Contribution to the Water Resources Capital Improvement Budget within the Agriculture Water Fund. RECOMMENDATION: Staff and Water Board recommend approval of agreement and appropriation. BACKGROUND: The Department of Homeland Security's Federal Emergency Management Agency (FEMA) is currently in the process of producing a countywide flood insurance report and Digital Flood Insurance Rate Maps (DFIRM) for Kern County, California. As part of this process FEMA determined that sections of the Kern River Levee system through Bakersfield require documentation to show these levees meet the criteria of the Code of Federal Regulations, Title 65, Section 65.10 (44 CFR 65.10). Without this documentation, these areas previously accredited with providing flood protection from the flood that has a 1- percent-chance of being equaled or exceeded in any given year would lose this designation. To confirm and maintain this accreditation the City of Bakersfield entered into the Provisionally Accredited Levee Program (PAL). The PAL program allows for a 2-year period to submit documentation to FEMA that these levees meet 44 CFR 65.10 requirements. Under this program the City has until July 22, 2009, to provide this documentation. If the information is not provided by this deadline, FEMA will initiate a map revision to re- designate certain areas on the landward side of these levees as flood prone. Amendment NO.1 to Agreement No. WR 07-011 will modify the agreement to include consulting services to complete a field investigation and engineering analysis of City maintained levees through Bakersfield. The study will also include the review and evaluation of FEMA prepared levee delineation mapping as required by Federal Regulations. The City Water Board at its meeting of March 5, 2008 reviewed this agreement. The Board voted unanimously to approve and recommend City Council approval. An appropriation is needed to fund the additional work required by FEMA as indicated in the amended agreement. C:\Documents and Settings\mrandall\Desktop\adminFEMAprogphaseA.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: I~.s. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED DEPARTMENT HEAD ~j CITY ATTORNEY ~ CITY MANAGER es March 14, 2008 SUBJECT: Amendment No.1 to Agreement No. 07-085 with Stinson's Stationers, Inc. ($350,000, revised not to exceed $700,000) and extending the term to March 12, 2009 for the annual contract for office supplies. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On March 14, 2007, Council awarded the Annual Contract for office supplies, in the amount of $350,000. The Agreement allows for four (4) consecutive one-year extensions of agreement, if all parties agree. City staff and Stinson's Stationers, Inc. agree to the extension of Agreement under the same terms and conditions. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Purchasing Division S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 07-085, Stinson Stationers, AC for Office Supplies, March 26, 2008.doc March 14, 2008, 8:58AM ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: IJ.. +. FROM: DATE: Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Ik TO: Honorable Mayor and City Council March 11, 2008 SUBJECT: Amendment No.2 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Incorporated for Irrigation and Landscaping Services adding $250,000 additional funds for a revised not to exceed contract amount of $600,000. RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 19, 2006, Council awarded the annual contract for Irrigation and Landscaping Services to Kern Sprinkler Landscaping, Incorporated. Amendment No.1 was executed on June 20,2007 adding $175,000 to the contract and extending the Agreement for one year. It is necessary to add additional funds to this Annual Contract for Irrigation and Landscaping Services related to the Mill Creek project and the AERA Baseball Park project. This amendment (Amendment No.2) will add $250,000 to the Agreement for a revised not to exceed contract amount of $600,000 thus allowing for continued irrigation and landscaping services for the remainder of this contract period (July 2008). This contract will be re-opened for competitive bidding prior to the July 2008 expiration date. Purchasing Division S:\PURCHIADMIN\AmendmentslAmendment #2 to Agreement No. 06-220(1), Kern Sprinkler, March 26, 2008.doc March 11, 2008, 3:08PM ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent ITEM: I~. L.L. TO: FROM: DATE: Honorable Mayor and City Council ~~ Javier Lozano, Human Resources Manager DEPARTMENT HEAD APPROVED March 20, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 4 to Agreement No. 00-95 with William Avery & Associates, Inc. (not to exceed $52,000, including expenses) for negotiation and consultant services in employer- employee relations for a one year term. RECOMMENDATION: Staff Recommends approval of the amendment. BACKGROUND: On February 27, 2007, the City Council approved Mr. Avery's consulting agreement for a one year extension period ending March 1, 2008. Mr. Avery has had a long history with the City (almost 24 years) providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been very successful in building positive working relationships between employee labor groups, staff and Council. He also has a unique understanding of the City's labor relations history and knowledge of past labor practices which will be critical as we approach Union negotiations later this year and into early 2009. The cost will be increased for 2008 from the monthly fees of $2,600 per month to $3,500 and a $10,000 maximum reimbursement for travel and lodging fees. This would be an agreement for NeQotiation and Consultant Services in Employer-Employee Relations totaling a maximum of $52, 000 for one year. This amendment guarantees Mr. Avery's services and rate from April 1, 2008 to April 1, 2009. The City and Consultant entered into an interim Consultant's Agreement for the period of March 1, 2008 through March 31,2008 to continue negotiation and consultant services in employer-employee relations until the attached agreement could be approved. Staff recommends approval of the agreement. S:\Admin Reports - 2008\Avery 2008-2009 Labor Relations - revised 3-20-08.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: l;l. V. 'TO: FROM: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ;f..PROVED /JL ~ DATE: March 6, 2008 SUBJECT: Contract Change Order NO.1 to Agreement 07-317 with Floyd Johnston Construction Co., Inc. ($152,678.00 increase for a revised not to exceed amount of $1,513,728.00) for the project known as Northeast Sewer Phase 2: Redbank Road Extension. (Ward 1) RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for installing a 42 inch trunk sewer line on Redbank Road between Oswell Street and Mira Monte High School. A 10 inch sewer line needs to be installed on Zephyr Lane between Oswell Street and Workman Street. The sewage generated by City residents in this area is currently being routed to the treatment plant operated by the Kern Sanitation Authority (KSA). This temporary agreement with KSA was necessary because there was no connection to the City's sewer treatment plant at the time these homes were constructed and occupied. The trunk sewer being installed with the northeast sewer projects will now provide this connection to Sewer Treatment Plant No.2. The new 10 inch sewer line being constructed under this change order is necessary to route this sewage to the new trunk sewer line for treatment at Sewer Treatment Plant NO.2. This is the first change order to be submitted for this project. This change order will increase the project total by $152,678.00 (which is an increase of 11.2% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $1,361,050.00 $1,513,728.00 $ 152,678.00 . = = G:\GROUPDAT\ADMINRPT\2008\03-28\CCO 1 Northeast Sewer Phase 2,000 AU ADMINISTRATIVE REPORT MEETING DATE: April 9, 2008 AGENDA SECTION: Consent Calendar ITEM: IJ- . 'fJ . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~OVED J;&1It4 ts March 11, 2008 SUBJECT: Accept bid from Geocon Inland Empire Incorporated (not to exceed $45,500) for groundwater sampling and reporting to comply with Wastewater Treatment Plant Discharge Permits (Wards 1 & 6). RECOMMENDATION: Staff recommends acceptance of responsible low bidder. BACKGROUND: Wastewater Treatment Plants 2 and 3 are operated under permits issued by the California State Water Resources Control Board. These permits require that monitoring, sampling, and reporting be performed for the on-site water wells at Plant 2, City Farm, Plant 3, and Green Acres Farm located at Interstate 5 and Taft Highway where the Plant 3 effluent is reused for farming irrigation. The consultant will monitor and sample these water wells and submit the reported results to the Water Resources Board for their review. Seven bids were received in response to the City's Request for Qualifications/Request for Proposal. Two bidders listed below, BSK Associates and Kenneth D. Schmidt and Associates, previously performed this work under contract. BIDDER PROPOSAL AMOUNT $45,500 Geocon Inland Empire Inc. Bakersfield, CA BSK Associates Bakersfield, CA $49,560 Provost & Pritchard Bakersfield, CA $50,380 Soils Engineering, Inc. Bakersfield, CA $67,900 Kenneth D. Schmidt and Associates Bakersfield, CA $83,050 Mcintosh & Associates Bakersfield, CA $169,275 Stantec Consulting Inc. Bakersfield, CA $278,066 G:\GROUPDATlADMINRPn2008\04-09\Groundwater monitoring X.doc Created on 3/11/2008 4:55:00 PM ADMINISTRATIVE REPORT Based upon the selection committee's review of the Statements of Qualifications, the committee recommends award of consultant agreement to Geocon Inland Empire Incorporated. Sufficient funds are budgeted to cover this agreement. G:\GROUPDA T\ADMINRPli2008\04-Q9\Groundwater monitoring X.doc Created on 3/11/2008 4:55:00 PM ADMINISTRATIVE REPORT MEETING DATE: March 26,2008 AGENDA SECTION: Consent Calendar ITEM: tc9. X . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD$ € '^' CITY ATTORNEY !l.- II CITY MANAGER f3s February 21,2008 SUBJECT: Traffic Signal and Lighting System Installation at the Intersection of Old River Road and White Oak Drive (Ward 4): 1. Accept bid and award contract to Loop Electric ($148,056.00) for this project. 2. Transfer $100,000 from Public Works Capital Improvement Project (Ming Improvement Edna to Anita) to the Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of transfer. BACKGROUND This project consists of installing a complete traffic signal and lighting system, providing traffic signal synchronization between signals, modification of pavement markings and reconstructing access ramps to meet current ADA requirements. This project is funded entirely with Gas Tax Funds. The Engineers Estimate for this construction contract was $150,000. On February 20, 2008, four acceptable bids were received as follows: Loop Electric Inc 7040 Downing Ave Bakersfield, Ca 93308 (Co~nty) TES Electrical Construction 5306 Aldrin Court Bakersfield, Ca 93313 (City) in the amount of $148,056.00 in the amount of $153,000.00 A-C Electr~c Co 315 30th Street Bakersfield, Ca 93301 (City) in the amount of $156,557.50 Lockwood General Engineering 315 30th Street Bakersfield, Ca 93301 in the amount of $193,116.10 Staff recommends transferring $100,000 from the liMing Improvement Edna to Anita" project to fund this project. The liMing Improvement Edna to Anita" project is currently on hold. PW/Design Engineering/nsg March 13, 2008, 5:06PM G:\GROUPDAT\ADMINRPT\2008\03-26\T7K125-Traffic Signal at Old River_White Oak.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Consent Calendar ITEM: I ~ . \I, . , FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Rs TO: Honorable Mayor and City Council March 13, 2008 SUBJECT: Accept bid and award contract to Loop Electric, Inc. ($389,896.00) for the Installation of Traffic Signal Interconnect - Part 5 (Wards 2, 3, 4, 6, and 7). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along: . 4th Street between Chester Avenue and "H" Street . 30th Street between Chester Avenue and "F" Street . Ashe Road between District Boulevard and White Lane . Brimhall Road between Harvest Creek and Calloway Drive . "F" Street between 26th Street and 30th Street . Hageman Road between Coffee Road and Fruitvale Avenue . Panama Lane between "H" Street and Akers Road . White Lane between "H" Street and Fambough Street With this new interconnect installed, the traffic signal timing along these street segments can be optimized to improve traffic flow. This traffic signal interconnect project will be funded predominately with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The federal portion will be 88.53%. The local share of 11.47% will be funded with gas tax revenues. The Engineer's Estimate for the Bid is $529,771.00. Seven (7) acceptable bids were received on Friday, February 15, 2008, as listed below: 1. Loop Electric, Inc. Project Total 7040 Downing Ave. Bakersfield, CA 93308 (City) $389,896.00 3. Protech Engineering Corp. Project Total 3535 E. Coast Hwy, Ste 325 Corona Del Mar, CA 92625 (Out of Town) AC. Electric Company Project Total 315 34th Street Bakersfield, CA 93301 (City) $444,918.75 2. $464,254.00 March 13. 2008, 1 :02PM G:\GROUPDAT\ADMINRPT\2008\03-26\Admin_RpC T7K116.doc ADMINISTRATIVE REPORT 4. Pavletich Electric & Communications Project Total $483,320.15 6308 Seven Seas Ave. Bakersfield, CA 93308 (City) 5. Ventura Directional Drilling Project Total $557,715.60 4115 Transport St. Ventura, CA 93003 (Out of Town) 6. MGE Underground Project Total $581,895.00 901 24th Street Paso Robles, CA 93446 (Out of Town) . 7. P&G Communications Project Total $767,674.36 7821 W. Sunnyview Ave. Visalia, CA 93291 (Out of Town) March 13, 2008, 1:02PM G:\GROUPDA1IADMINRPT\2008\03-26\Admin_RpC T7K116.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Hearings ITEM: 14.a.. February 26, 2008 APPROVED DEPARTMENT HEADJfM ve!- er TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider Resolution ordering the vacation of the 25-foot wide alleyway drive approach access off Auburn Street located East of Fairfax Road between Auburn Oaks Drive & Auburn Street. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield is requesting the vacation of the 25-foot wide alleyway drive approach access off Auburn Street located East of Fairfax Road between Auburn Oaks Drive & Auburn Street. The request is a requirement from Caltrans for the future development of the Highway 178 interchange off Fairfax Road. 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 February 21, 2008 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. 1594 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of March 12, 2008. Notice of this public hearing has been duly advertised and posted as required by law. ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Hearings ITEM: l'i. b. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ()~~~~~ C/ 1/1 CITY ATTORNEY V& CITY MANAGER ft Stanley C. Grady, Development Services Director March 5, 2008 SUBJECT: Public Hearing to consider Resolution denying the appeal by Daybreak Baptist Church and upholding the Planning Commission's decision approving Mcintosh & Associates, representing Centex Homes, (the property owner), application for Vesting Tentative Tract Map 6760 on 8.92 acres located on the north side of State Route 119 (Taft Highway) between Stine Road and Ashe Road. (Ward 6 upon annexation). RECOMMENDATION: Staff recommends continuing the item to April 23, 2008. BACKGROUND: This item cannot be heard due to an error in the publishing of the required public notice. Legal notice was prepared and delivered for publishing in accordance with State law but did not get published by the Bakersfield Californian. Vesting Tentative Tract Map 6760 would allow for the development of 34 lots, including 33 single family residential lots and one non-buildable lot on 8.92 acres for purposes of single family development, zoned R-1 (One Family Dwelling) located on the north side of State Route 119 (Taft Highway) between Stine Road and Ashe Road. The tract map area is currently being processed for annexation to the City of Bakersfield. The Planning Commission conducted a public hearing on this vesting tentative tract map on February 7, 2008, and approved the request with conditions. Lloyd Norton, representing Daybreak Baptist Church, testified in opposition during the hearing. A letter submitted to the Planning Commission by Daybreak Baptist Church prior to the publiC hearing is included. Daybreak Baptist Church submitted an appeal letter to the City Clerk's office on February 14, 2008. The appellant disagrees with the Conditions of Approval approved by the Commission because they did not include a requirement for a 6-foot high masonry wall between the tentative tract's eastern boundary and the Church property. The Planning Commission heard testimony from the appellant, and Roger Mcintosh of Mcintosh and Associates, the applicant representing Centex Homes. The Planning Commission discussed the appellant's request to require a masonry wall between the east side of the tract and the church property. The Commission determined that (a) the information presented by the appellant did not warrant a continuance; (b) City Ordinance does not require the tract developer to build the wall between ADMINISTRATIVE REPORT Page 2 the east side of the tract and the church property; and (c) the specific circumstances and land use relationship between the existing church and proposed tract do not warrant construction of a wall. Betty Giannelli, a property owner south of Tract Map 6760, submitted a letter to the Planning Commission requesting an additional condition on the Tract Map for a masonry wall in front of her existing home on Taft Highway (included in the Back-up Material section). She was not present at the hearing to testify, but her request was discussed at length by the Planning Commission and was denied. Vesting Tentative Tract Map 6760 was approved with conditions with Commissioners Blockley, Johnson, Stanley and Andrews voting in favor, Commissioner Tkac voting against, and Commissioners McGinnis and Tragish absent. Commissioner Tkac voted no because of he was uncertain whether Centex Homes was going to continue to negotiate with Ms. Giannelli. APPEAL ISSUES: There are two key issues stated in the appeal letter. The Issues are: (1) the appellant states that the wall is necessary between residential and church land uses; (2) if the tentative tract map is not conditioned to require the wall be built between the eastern boundary of the tract and church property, the church would be required to build the wall upon annexation to the City. The tract is in the process of annexation to the City of Bakersfield; the Daybreak Baptist Church is in the County of Kern and has not applied for annexation. The first issue is based on the appellant's interpretation that since BMC 17.36.030.F (Church zone) requires that church and related development on church zoned land build a solid masonry wall when adjacent to property zoned or designated for residential development, the reciprocal obligation on residential development should hold true when the church is in place prior to adjacent residential development. Staff disagrees for two reasons. The first is that the Daybreak Baptist Church is not on church zoned land, but has a Conditional Use Permit (C.U.P.) issued by the County of Kern to place the church on A (Agricultural) zoned land. The second reason is that the City does not necessarily require the adjacent residential development to place a wall between residential uses and Church zoned property, only if warranted by public health, safety or welfare reasons. The Daybreak Baptist Church is not permitted in the C.U.P for any uses that warrant the placement of the wall. The masonry wall was originally required for Tentative Tract Map 6760 because the eastern tier of lots did not have sufficient lot depth for lots adjacent A zoned land. When the applicant agreed to change the lot depth to meet the requirements (140 feet), the wall requirement was removed for these lots. (See memo to Planning Commission dated January 31,2008 in the Back-up Material section) The second issue of whether the church would be required to build the wall upon annexation to the City. No wall would be required of the church. If the City were to annex the church property, it is the City's policy to honor existing County requirements. In this case, the C.U.P.'s requirement of a chain link fence with slats between the church and the residential development would suffice. CONCLUSION: Vesting Tentative Tract Map 6760's conditions of approval assure compliance with local and state development standards. There is no requirement that a masonry wall be placed between the eastern boundary and the Daybreak Baptist Church western boundary. Daybreak Baptist Church will not be required to build the masonry wall should the church decide to annex to the City of Bakersfield. Staff recommends the denial of the appeal and upholding the approval of Vesting Tentative Tract Map 6760 as conditioned and approved by the Commission on February 7,2008. An initial study was prepared for General Plan Amendment/Zone Change 05-1479 on this subject property and a negative ADMINISTRATIVE REPORT Page 3 declaration was adopted on August 16. 2006. In accordance with CECA Section 15162, no further environmental documentation is necessary and the Negative Declaration is adequate. S:\TRACTS\6760\CC 8ppeel docs\6760 Appeal Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: March 26, 2008 AGENDA SECTION: Ne.W Bu..5ln~ ITEM: 1'1. a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DATE: DEPARTMENT HEAD CITY ATTORNEY 11 CITY MANAGER Resolution Requested by Council member Scrivner regarding the Second Amendment March 18, 2008 SUBJECT: RECOMMENDATION: None BACKGROUND: Councilmember Scrivner requested the attached Resolution on the Second Amendment / Gun Control be on the March 26, 2008 Council agenda. C:\ADMINISTRATIVE REPORT 032608 - ZS.doc 3/18/200811:42:42 AM AT:al BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 12, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Cindy Sena v City; Edward Ferguson. Kern County Superior Court Case No. S-1500-CV-260455-LPE b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 d. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1 )/54957.6 Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:17 p.m. Motion by Councilmember Scrivner to adjourn from Closed Session at 6:55 p.m. ACTION TAKEN APPROVED APPROVED Bakersfield, California, March 12, 2008 - Page 2 RECONVENED MEETING - approximately 7:00 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Tim Hardy, Laurelglen Bible Church. 7. PLEDGE OF ALLEGIANCE by Darby Berkshire, 1st Grade Student at Downtown Elementary School. Mayor Hall recognized the Ridgeview High School government class in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Cindy Sena v City; Edward Ferguson. Kern County Superior Court Case No. S-1500-CV-260455-LPE City Attorney Gennaro announced Council authorized settlement in an amount not to exceed $42,500.00. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 d. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1 )/54957.6 City Attorney Gennaro announced that at the last City Council Meeting, under the title of Potential Initiation of Litigation, the Council directed the City Attorney to retain outside counsel to file a lawsuit in conjunction with California Water Service Company against those entities responsible for damage to City water wells. ACTION TAKEN SETTLEMENT AUTHORIZED STAFF GIVEN DIRECTION NO REPORTABLE ACTION POSTPONED UNTIL 3-26-08 Bakersfield, California, March 12, 2008 - Page 3 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Nancy Williams, Program Coordinator, Bakersfield Adult School, proclaiming March 10-14, 2008, as Adult Education Week. Ms. Williams accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Eli Feghali, President, Bakersfield West Rotary Club, and Barry Rosenfeld, President, Bakersfield West Rotary Foundation, proclaiming April 5, 2008, as Cioppino Feed Day. Mr. Feghali and Mr. Rosenfeld accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS None. 11. APPOINTMENTS a. One appointment to the Bakersfield Redevelopment Agency due to the resignation of Don Cohen, term expiring April 22, 2009. Mayor Hall recommended Larry Pickett be appointed to fill the vacancy created on the Bakersfield Redevelopment Agency by the resignation of Don Cohen, term expiring April 22, 2009. Motion by Vice Mayor Hanson to appoint Larry Pickett to the fill the vacancy created on the Bakersfield Redevelopment Agency by the resignation of Don Cohen, term expiring April 22, 2009. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 27, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from February 16, 2008 to February 28,2008 in the amount of $26,716,886.23 and self-insurance payments from February 16, 2008 to February 28, 2008 in the amount of $205,319.73. ACTION TAKEN APPROVED ASS WEIR 12. Bakersfield, California, March 12, 2008 - Page 4 CONSENT CALENDAR continued Ordinances: c. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-13) of Municipal Code by changing the zoning from R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 acres located at the northwest corner of McCall Avenue and Mesa Grande Street. (ZC 07-1737 (Applicant: Nelms Surveying/Property Owner: Deardeuff Family Trust). Adoption of Ordinance amending Title 17 (Zone Map No. 102-07 and 102-18) of the Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.93 acres located at the southwest corner of Olive and Calloway Drives (ZC 07-1651 Applicant: Mcintosh & Associates/Property Owner: Calloway Associates, GP) d. e. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-06) of the Municipal Code by changing the zoning from A (Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 15.1 acres; to R-2 (Limited Multiple Dwelling Family) on 7.7 acres; to E (Estate) on 7.8 acres; and to E (Estate) on 40.3 acres located on the south side of Seventh Standard Road, on the east and west side of Verdugo Lane (ZC 07-1893 (Applicant: Marino & Associates/Property Owner: Julie Randolph, et. al.) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-13) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development) on 2.50 acres located along the south side of Planz Road, west of South H Street. (ZC 07-1791) (Applicant: Evergreen Devco, Inc.lProperty Owner: Infinity Development Property Management) f. ACTION TAKEN ORD 4492 ORD 4493 ORD 4494 ORD 4495 12. Bakersfield, California, March 12, 2008 - Page 5 CONSENT CALENDAR continued g. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 101-27) of the Municipal Code by changing the zoning from R-S-5A (Residential Suburban-5 acre minimum) to E (Estate) on 80 acres located on the north side of Brimhall Road and the east side of Rudd Avenue. (ZC 07-1848) (Applicant: SmithTech/USA, Inc./Property Owner: Alfred Palla Jr. & Donald Ralph Palla) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 103-24) of the Municipal Code by changing the zoning from C-2/PCD (General Commercial/Planned Commercial Development) and R-2 (Limited Multiple Family Dwelling Residential) to C-O (Commercial Office) on approximately 13 acres and R-2 to C- 2/PCD on 4 acres generally located southwest of Highway 178 and Morning Drive. (ZC 07-1715) (ApplicanUProperty Owner: Sikand Engineering) h. i. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 101-01) of the Municipal Code by changing the zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on approximately 40 acres and A to DI (Drilling Island) on approximately 4 acres located generally south of Seventh Standard Road and west of the Calloway Canal. (ZC 06-1698) (Applicant/Property Owner: Adavco, Inc.) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-29) of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on 39.92 acres located at the northeast corner of McCutchen Road and Old River Road. (ZC 07-1874) (Applicant: Mcintosh & Associates/Property Owner: Michael Antongiovanni, Nancy Turnipseed and Steven Antongiovanni) j. Resolutions: k. Resolution approving an application proposing proceedings for annexation of inhabited territory to the City identified as Annexation No. 605 consisting of 21.83 acres located along Hooper Avenue generally south of Olive Drive and east of Coffee Road. ACTION TAKEN ORD 4496 ORD 4497 ORD 4498 ORD 4499 RES 037-08 Bakersfield, California, March 12, 2008 - Page 6 12. CONSENT CALENDAR continued I. Resolution approving Cultural Resource Designation for property located at 3801 Chester Avenue and for placement on the Bakersfield Register of Historic Places. Resolution supporting Bakersfield High School's application for a School Community Violence Prevention Grant to combat gang influence in and around Bakersfield High School. m. Assessment District No. 07-2 (Sydney Harbour): 1. Resolution approving amendment to Final Engineer's Report. 2. Resolution determining assessments remaining unpaid. 3. Resolution authorizing issuance of bonds. 4. Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and action. o. 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. n. 1. 2. 3. Area 1-83 (Coffee, Snow NE) Area 1-84 (Etchart, Quail Creek NE) Area 4-83 (E. Brundage, Mt. Vernon SE) p. Sewer Connection Fee Assessments: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Michael P. Hart and Tammy A. Hart, 5101 Centaur Street, to pay sewer connection fee in installments and notice of special assessment lien. 2. ACTION TAKEN RES 038-08 RES 039-08 REMOVED FOR SEPARA TE CONSIDERA TION RES044-08 RES 045-08 RES 046-08 RES 047-08 AGR 08-041 Bakersfield, California, March 12, 2008 - Page 7 12. CONSENT CALENDAR continued q. Resolution of Intention No. 1594 to order the vacation of the 25 foot wide alleyway drive approach access off Auburn Street located east of Fairfax Road between Auburn Oaks Drive and Auburn Street. Agreements: r. Agreement with Nancy Iparraguirre ($128,000) to purchase real property located at 2717 Hosking Road in order to widen Hosking Road. License Agreement with North Kern Water Storage District for construction, operating and maintaining a twelve inch diameter domestic water mainline along the south side of Snow Road crossing the Calloway Canal between Jewetta Avenue and Norris Road. s. t. Agreement with Meyer Civil Engineering, Inc. ($600,330) for preparation of plans, specifications and estimate in accordance with City requirements for design of Phase 4 and Phase 5 elements of the Mill Creek Project along the Kern Island Canal. Amendment NO.2 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($27,000; revised not to exceed $172,390) for additional engineering and construction administration services for the Mill Creek - Phase 1 (Central Park) Project. Amendment NO.1 to Agreement No. PW07-022 with Loop Electric ($40,000; revised not to exceed $80,000) and extending the term for one (1) year for vehicle loop cutting (annual contract). w. Wastewater Treatment Plant NO.3 - 2007 Expansion Project: u. v. 1. Amendment NO.4 to Agreement No. 04-214 with Parsons Water and Infrastructure (2,416,879; revised not to exceed $12,966,596) for design engineering and construction services. 2. Transfer $2,416,879 contingency established for the Project to the Public Works Department's Capital Improvement Budget. ACTION TAKEN RO/1594 AGR 08-042 DEED 6834 AGR 08-043 AGR 08-044 AGR 07-192(2) AGR 08-045 AGR 04-214(4) Bakersfield, California, March 12, 2008 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN x. Amendment NO.2 to Agreement No. 00-306 with Community Action Partnership of Kern to allow Community Action Partnership of Kern obtain construction funding to complete the Pete H. Parra Child Care Center located adjacent to the Kern County Food Bank at 1825 Felix Drive. AGR 00-306(2) Deed 6835 y. Amendment No. 1 to Agreement No. 07-084 with AGR 07-084(1) Jim Alfter Cement Contractor extending the term to March 12, 2009 for canal liner repair (annual contract). z. Supplemental Agreement to Agreement No. 81-144 AGR 08-046 with Union Pacific Railroad Company granting the city the right to perform the work necessary to install and maintain a liner within the existing 42" pipeline along Gosford Road and crossing the Union Pacific Railroad north of Pacheco Road. aa. Contract Change Order NO.4 to Agreement No. 07- AGR 07-143CC04 143 with MGE Underground, Inc. ($42,844.22; revised not to exceed of $1,089,813.52) for the Traffic Signal Interconnect Part 4 along various streets within the City. Bids: bb. Accept bid and award contract to Judge Netting, Inc. AGR 08-047 (43,626) for Wayside Park softball field netting. cc. Accept bid and award annual contract to San AGR 08-048 Joaquin Fence & Supply (not to exceed $700,000) for fencing for the Public Works, Water Resources and Recreation & Parks Departments. Miscellaneous: dd. Review of Maintenance Assessments for Special Storm Drain Facilities required in response to the Clean Water Act. ee. Vacant Building Maintenance Action Plan. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion by Councilmember Hanson to approve Consent Calendar items 12.a. through 12.ee. with removal of item 12.n. for separate consideration. APPROVED Bakersfield, California, March 12, 2008 - Page 9 12. CONSENT CALENDAR continued n. Assessment District No. 07-2 (Sydney Harbour): 1. Resolution approving amendment to Final Engineer's Report. Resolution determining assessments remaining unpaid. Resolution authorizing issuance of bonds. Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and action. 2. 3. 4. Motion by Councilmember Carson to approve item 12.n. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS a. Protest Hearing to consider Resolution adding territory, Area 4-82 (34th Street from Q Street to Union Avenue) 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. City Clerk McCarthy announced 25 ballots were received regarding inclusion of this Maintenance District in the Consolidated Maintenance District, nineteen in support and six in opposition. Councilmember Benham recused herself from discussion and vote on item 14.a. in order to avoid the appearance of impropriety due to her employment with Bakersfield Memorial Hospital. Public Works Director Rojas made staff comments. Hearing opened at 7:24 p.m. Ken Keller, Bakersfield Memorial Hospital, spoke in favor of the staff recommendation. ACTION TAKEN RES 040-08 RES 041-08 RES 042-08 RES 043-08 APPROVED RES 048-08 Bakersfield, California, March 12, 2008 - Page 10 14. HEARINGS continued Item 14.8. continued ACTION TAKEN Hearing closed at 7:25 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution. APPROVED ABS BENHAM b. Public Hearing to consider Resolution denying the appeal by David Gay and upholding the Board of Zoning Adjustment's decision approving Conditional Use Permit No. 07-2183 to operate a 5,485 square foot retail jewelry store in a C-O/PCD (Professional and Administrative Office/Planned Commercial Development) zone district located at 9700 Brimhall Road. (Applicant/Property Owner: Carl M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson) RES 049-08 Planning Director Movius made staff comments and presented slides. Hearing opened at 7:28 p.m. Kerry Ryan, on behalf of Foxcreek Properties, spoke in opposition to the staff recommendation and provided handouts. David Milazzo, on behalf of Carl Saenger, spoke in support of the staff recommendation. Kerry Ryan, on behalf of Foxcreek Properties, spoke in opposition rebuttal to the staff recommendation. David Milazzo, on behalf of Carl Saenger, spoke in support rebuttal of the staff recommendation. Hearing closed at 7:47 p.m. Councilmember Couch requested staff analyze the need for adjusted zoning requirements for this type of project in the future. Motion by Councilmember Couch to uphold the Conditional Use Permit with inclusion of the deed restriction. APPROVED Bakersfield, California, March 12, 2008 - Page 11 14. HEARINGS continued c. Zone Change No. 06-1149/Planned Development Review No. 07-1558 (Mustang Square); Todd Smith, Cannon & Associates, representing Mustang Square, LLC (property owner) has 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 Blain Franzen. First Reading of Ordinance adopting a Negative Declaration and amending Title 17 (Zone Map No. 123-18) of the 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. City Clerk McCarthy announced correspondence was received from Doris Campa in opposition of the proposed/zone change. 1. Planning Director Movius made staff comments. Hearing opened at 7:59 p.m. Blain Franzen, Olivia Franzen and Phillip Niggle spoke in opposition to the staff recommendation. Bill Sampson, Castle & Cooke, California, spoke in support of the staff recommendation and requested an additional condition to allow for a 4-way signal in place of a 3-way signal. Additionally, Todd Smith, on behalf of Mustang Square spoke in support of the staff recommendation. Blain Franze, Phillip Niggle and Olivia Franzen spoke in rebuttal opposition to the staff recommendation. Todd Smith, on behalf of Mustang Square, spoke in rebuttal support of the staff recommendation. Motion by Vice-Mayor Hanson to deny the appeal and give first reading to the Ordinance. Councilmember Couch requested staff explore utilizing conditions on a consistent basis. ACTION TAKEN FR APPROVED NS BENHAM Bakersfield, California, March 12, 2008 - Page 12 14. HEARINGS continued ACTION TAKEN Recess taken from 8:55 p.m. to 9:03 p.m. d. Public Hearing to consider the Panama - Buena Vista Bridge and Major Thoroughfare Area. 1. Resolution approving the Panama-Buena Vista Bridge and Major Thoroughfare Area and making findings thereto. Adoption of Ordinance amending Section F of Section 16.32.060 of the Municipal Code relating to the Panama-Buena Vista Bridge and Major Thoroughfare Area. RES 050-08 2. ORD 4500 Public Works Director Rojas made staff comments. Hearing opened at 9:05 p.m. Robert Lusich, on behalf of the Antongiovanni family, spoke in favor of the staff recommendation. Hearing closed at 9:06 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution and Ordinance. APPROVED AB BENHAM 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Carson requested the City Attorney review the most recent information, assure the City is in compliance with regulations regarding housing of sex offenders and provide the information to the Safe Neighborhoods Committee. Councilmember Couch provided information to the City Attorney and Water Resources Director. Bakersfield, California, March 12, 2008 - Page 13 18. MAYOR AND COUNCIL STATEMENTS ACTION TAKEN Councilmember Couch requested information regarding care packages for Police Officers Matt Perry and Jim Ramos, deployed in Iraq. Assistant Chief Lynn responded. Councilmember Couch requested staff provide information regarding efforts to curtail parties in empty homes. Assistant Chief Lynn responded. Councilmember Couch requested information regarding the feasibility of retirees paying health insurance premiums from deferred compensation funds. Councilmember Couch requested staff confer with him regarding the feasibility of pedestrian bridges at Stockdale Hwy. and Cal State, Truxtun and Mohawk, and other possible locations. Councilmember Couch requested the City Manager contact him regarding the status of the City's franchise agreements. Vice-Mayor Hanson requested information regarding parties at vacant homes. Assistant Chief Lynn and City Attorney Gennaro responded. Vice-Mayor Hanson made comments regarding on-going efforts to provide law enforcement. Councilmember Sullivan requested the Legislation and Litigation Committee review measures taken by other cities to control unwanted pet populations. Mayor Hall made comments regarding recent community cleanup projects, organized by Chief Fraze and Pastor Ron Vietti, and conducted by members of the Valley Bible Fellowship Church. Mayor Hall made comments regarding the Arbor Day celebration on the bikepath near Cal State in which the City Recreation and Parks Department, Kern River Parkway Foundation, and the Tree Foundation of Kern utilized the services of volunteers to plant one hundred and fifty trees along the bikepath. Mayor Hall made comments regarding the new Police Department website. Bakersfield, California, March 12, 2008 - Page 14 19 . ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 9:20 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:ICounciIIMINUTES\2008IFeb 27.doc