HomeMy WebLinkAbout04/09/08_CC_AGENDA PACKET
BAKERSFIELD CITY COUNCIL
AGENDA ..
MEETING OF APRIL 9, 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
(15 min)
a.
Report on three Recreation and Park Youth Programs. (Staff presentation by Dianne Hoover,
Director of Recreation & Parks)
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1) and 54957.6
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Pam Fine, Wesley United Methodist Church
7. PLEDGE OF ALLEGIANCE by Tyler Potter, 5th grade student at Discovery Elementary
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Pamela McCarthy, President of CCAC and
City Clerk of the City of Bakersfield, proclaiming April 23-25, 2008, as "City Clerks
Association of California Annual Conference Days".
b. Presentation by Mayor Hall of Proclamation to Corinne Coates, of the Bakersfield
Association of Realtors and Tricia Richter of th~Economic and Community Development of
the City of Bakersfield, proclaiming April 2008 as "Fair Housing Month".
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 26, 2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from March 14, 2008 to March 27,2008 in
the amount of $8,577,358.26 and self-insurance payments from March 14, 2008 to
March 27,2008 in the amount of $219,499.84.
12. CONSENT CALENDAR continued
(Ward 7)
(Ward 4)
(Ward 1 & 2)
(Ward 5)
Ordinances:
c.
Adoption 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 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)
Adoption of Ordinance approving Negative Declaration and amending Title 17 (Zone Map
Nos. 101-02, 101-03, 101-04, 101-10 and 101-11) of the Municipal Code for five zone
changes with: two zone changes from C-21P.C.D. (Regional Commercial/Planned
Commercial Development) zone to DI zone of $.01 acres and 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 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
for a total zone change request of 25.02 acres all within 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)
d.
Resolutions:
e. New Job Specification and Change to Salary Schedule:
1. Amendment No. 11 to Resolution No. 049-06 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting salary
schedule and related benefits for Wastewater Treatment Plant Operator III.
2. New Job Specification - Wastewater Treatment Plant Operator III #14430
1.
Purchase of Landscapeforms Decorative Benches - Mill Creek Linear Park Project
1. Resolution determining that Landscapeforms decorative benches cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $83,000.
2. Approve the purchase of decorative benches from Landscapeforms in the amount of
$83,000.
g. Aboveground Petroleum Storage State Grant
1. Resolution approving the application for the Aboveground Petroleum Storage Act
Grant.
2. Appropriate $73,365.00 to the Fire Department Operating Budget in the General
Fund
h.
Resolution of Intention No. 1596 add territory, Area 3-78 (Panama, Progress NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
2
City Council Meeting of 4/9/2008
12. CONSENT CALENDAR continued
Agreements:
(Ward 3 & 4)
i.
Final Tract Maps and Improvement Agreements:
1. Final Map for McMillin Tuscany, LLC for Tract 6857 located north of Kern Canyon
Road and east of Alfred Harrell Highway.
(Ward 1)
2. Improvement Agreement with Castle and Cooke California, Inc., for Parcel Map
10781 located north of Ming Avenue and west of Buena Vista Road.
Assignment of Ground Lease Agreement 06-360 with Mr. Knute Johnson at the Bakersfield
Municipal Airport for Hangar Space B-3.
j.
k. Amendment NO.1 to Agreement No. 07-110 with Pavement Recycling Systems, Inc.
($1,200,000 revised not to exceed $2,400,000) and extending the term to April 12, 2009 for
the annual contract for cold planning.
(Ward 2)
I.
Amendment NO.3 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($7,000;
revised not to exceed amount of $179,390) for additional engineering for the Mill Creek-
Phase 1 (Central Park).
Environmental Impact Report (EIR) for GPA/ZC 05-1420 (Bakersfield-Taft EIR)
(Ward 7)
m.
1. Amendment NO.1 to Agreement 06-214 with Impact Sciences ($8,975) for additional
printing costs associated with the report.
2. Appropriate $8,975 developer's contribution to the Development Services Operating
Budget in the General Fund for the EI R consultant.
Bids:
(Ward 4)
n.
Accept bid and award contract to Granite Construction Company ($8,095,616) for
construction of Allen Road Improvements between Ming Avenue and Stockdale Highway.
Miscellaneous:
o. Thomas Roads Projects
1. Appropriate $2,467,868 SAFETEA-LU ftlnds to the Capital Improvement Budget in
the Federal Trip fund.
2. Transfer and appropriate $1,891,988 Transportation Development fund balance to
the Capital Improvement Budget within the TRIP Local Match Fund.
p. Appropriate and transfer $1,040,000 of Domestic Water Fund balance to the Agricultural
Water Fund and Sewer Fund to facilitate early re-payment of remaining inter-fund loan
balance originally made from the Sewer Fund in 2003 for emergency canal repairs.
Staff recommends adoption of Consent Calendar items a through p.
13. CONSENT CALENDAR HEARINGS
3
City Council Meeting of 4/9/2008
14. HEARINGS
(Ward 2)
a.
Public Hearing to consider Amendment No. 1 to Resolution No. 276-07 ordering the vacation
of a portion of "M" Street, "0" Street, "P" Street and two alleys.
Staff recommends adoption of resolution.
15. REPORTS
(Ward 1 & 2)
a.
Update status on Mill Creek Linear Park Project.
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
~k4/.}~~
~ Alan Tandy
City Manager
04/01/08 4:50 PM
4
City Council Meeting of 4/9/2008
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AGENDA HIGHLIGHTS
APRIL 9, 2008 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
WORKSHOP
Recreation and Parks Director Dianne Hoover will give a report on three Recreation and Park youth programs.
CLOSED SESSION
The performance evaluation of the City Manager will be discussed.
CONTINUATION OF REGULAR MEETING - aDDroximatelv 6:30 D.m.
CONSENT CALENDAR
Aareements
Item 12k. Amendment No.1 to Aareement No. 07-110 with Pavement Recvclina Systems. Inc. in the amount
of $1.2 million. for a revised not to exceed amount of $2.4 million. and Extendina the Term to Aori112. 2009 for
the Annual Contract for Cold Planina. Cold planing is the surface grinding process necessary to prepare
streets for paving overlay. On March 28, 2007, the City Council awarded the Annual Contract for cold planing
in the amount of $1.2 million. The amendment allows for four consecutive one-year extensions of the
Agreement, if all parties agree. 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.
Bids
Item 12n. Award Contract to Granite Construction Comoanv for Construction of Allen Road Imorovements
between Mina Avenue and Stockdale Hiahwavin the amount of $8.095.616. The purpose of this project is to
build a North/South road across the Kern River in order to accommodate new growth in NQrthwest Bakersfield.
Funding for the project is from the Transportation Development Fund and Proposition 1 B. Five acceptable bids
were received. Staff recommends awarding the contract to Granite Construction Company.
Miscellaneous
Item 120. Aoorooriate $2.467.868 SAFETEA-LU Funds to the Caoital Imorovement Budaet in the Federal
TRIP Fund: and Transfer and Aoorooriate $1.891.988 Transoortation Develooment Fund Balance to the
Caoitallmorovement Budaet within the TRIP Local Match Fund. The City received advanced authorization
from the State to begin the first phase of the TRIP projects, which includes contracting with a project
management firm and beginning the preliminary engineering and environmental study work. Capital
Improvement Project budgets were generated.for FY 2007-08 for those projects. As the Phase I final amounts
have now been received from CalTrans, certain budget adjustments are needed to match the City's budget
and accounting records with the final State approved funding levels for the various TRIP projects.
Item 12p. Aoorooriate and Transfer $1.040.000 of Domestic Water Fund Balance to the Aaricultural Water
Fund and Sewer Fund to Facilitate Earlv Re-Pavment of Remainina Inter-Fund Loan Balance Oriainallv Made
from the Sewer Fund in 2003 for Emeraencv Canal Reoairs. On October 30, 2003, the pavement caved in at
19th and Oak Street, due to the collapse of a corrugated metal culvert pipe. The City Council declared the
situation an emergency and required immediate repair. The repairs were financed with $2 million inter-fund
loan from the Sewer Enterprise Fund. This loan was to be repaid over a seven-year payment period at a 4%
annual interest rate; costs to be shared equally by the Agricultural and Domestic Water funds.
On April 11, 2007, the City Council approved early re-payment of 50% of the loan with Agricultural Water
Funds, saving about $120,000 in future interest expense on the loan. The remaining $1 million inter-fund loan
balance is currently scheduled to be repaid with Domestic Water Funds over a five-year period. There are
sufficient funds available to repay the entire debt at this time, which would save the Water Fund an additional
$80,000 in future interest expense over the next four years.
HEARINGS
Item 1411. Public Hearino to Consider Amendment NO.1 to Resolution 276-07 Orderino the Vacation of a
Portion of "M". "0". UP" and 13th Streets. and Two Allevs. The property owners, Maya Cinemas North America
Inc., Sivers Bakersfield Inc., SiverhousingBakersfield Inc., and the City requested the vacation of parts of "M",
"0", up. and 13th Streets, and the two alleys to develop the area as a commercial center. The proposed
amendment will accurately describe the reservation of a portion of the vacation area for sewer and utility
purposes.
REPORTS
Economic Development Director Donna Kunz will give an update of the Mill Creek Linear Park Project.
Approved: /)
Rhonda Smiley, Assistant to the City Manager ~5
Cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - April 9, 2008 Council Meeting
Page 2
ADMINISTRA liVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Workshop
ITEM:' 3. Cl.,~
March 31, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
f) ~H-
t/~
es
TO:
FROM:
DATE:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD
SUBJECT: Report on three Recreation and Park Youth Programs
RECOMMENDATION:
Staff recommends acceptance of the report.
BACKGROUND:
The power point report will highlight three programs which include: The Garden Masters Project, the Build-
A-Bike Program and the Silver Creek Teen Center. All three programs provide an opportunity for youth to
learn life long skills, have positive role models and interact socially. All factors are known to deter young
people from entering into negative activities after school.
The Garden Masters' Project was featured in the March issue of Parks and Recreation Magazine, a
monthly publication of the National Recreation and Parks Association. This program was started last fall
with a donation from the Bakersfield Californian Foundation to enhance children's knowledge of
gardening, plants, and nutrition. Dr. Martin Luther King, Jr. Center was the ideal location because it had
the space, the staff, and a kitchen onsite to actually prepare the foods that were grown. Initially, a handful
of youth signed up; now there are approximately 25 children, and the numbers continue to increase
Some parents from the neighborhood are taking an interest in the program as well, and assist with ideas
on how to expand and improve the gardens.
The Build-A-Bike Program is a cooperative effort between the Recreation and Parks Department, the
Police Department and Bike Bakersfield. A storage closet was converted into a bike workshop area at Dr.
Martin Luther King, Jr. Center. Bicycles that have been stolen and recovered by the Police Department,
but have no way of being returned to the rightful owner, were donated to this program. Young people
learn the various parts of a bicycle, how to repair, improve and maintain them. At the end of the program,
each one gets to keep the bike that he/she repaired. Instructors are provided by Bike Bakersfield.
April 1 , 2008. 1 :45PM
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ADMINISTRA liVE REPORT
The Silver Creek Teen Center started in January on Monday and Wednesday evenings from 6-9 pm. The
Teen Center has attendance of 20-40 teens on any given night. Activities are supervised and they provide
an opportunity for teens to interact with each other and have fun with the various elements available to
them.
These three programs are just a sample of the many programs offered by the Recreation and Parks that
teach young people positive skills for a lifetime.
saf
April 1, 2008, 1 :49PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Closed Session
ITEM: 1-(.. <L-.
March 27, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V~
Va-
er
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
SUBJECT: Public Employee Performance Evaluation - City Manager
Closed session pursuant to Government Code section 54957(b)(1) /54957.6
VG:dll
S:ICOUNCILICl SesslAdmlnsI07.oS\04.o9.oSCMEval.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Presentations
ITEM: q. CL,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 28, 2008
APPROVED
DEPARTMENT HEAD-H-
CITY ATTORNEY
CITY MANAGER f..s
SUBJECT: Presentation by Mayor Hall of Proclamation to Pamela McCarthy, President of CCAC and
City Clerk of the City of Bakersfield, proclaiming April 23 - 25, 2008, as "City Clerks
Association of California Annual Conference Days".
RECOMMENDATION:
BACKGROUND:
ndw
March 28, 2008, 10:29AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Presentations
ITEM:
March 28, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER er
APPROVED
k
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
SUBJECT: Presentation by Mayor Hall of Proclamation to Corinne Coates, of the Bakersfield
Association of REAL TORS@, and Tricia Richter, of the Economic & Community
Development Department of the City of Bakersfield, proclaiming April, 2008, as "Fair
Housing Month".
RECOMMENDATION:
BACKGROUND:
ndw
March 28, 2008, 10:06AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: /:J, ct.'.
TO:
FROM:
DATE:
Honorable Mayor and City ~Cil
Pamela McCarthy, City CI~
March 28,2008
APPROVED
DEPARTMENT HEAb'lu'- A-1
CITY ATTORNEY
CITY MANAGER is
SUBJECT: Approval of minutes of the March 26, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: /;), b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
March 27, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from March 14, 2008 to March 27, 2008 in the amount of
$8,577,358.26. and Self Insurance payments from March 14,2008 to March 27,2008 in the
amount of $219,499.84.
RECOMMENDATION:
Staff recommends approval of payments totaling $8,796,858.10.
BACKGROUND:
RAR
March 28. 2008, 1 0:06AM
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ADMINISTRATIVE REPORT
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C, Grady, Development Services Director DEPARTMENT HE~6t~
March 27, 2008 CITY ATTORNEY ~
CITY MANAGER eS
AGENDA SECTION: Consent Calendar
ITEM: I,'-J . C. .
MEETING DATE: April 9, 2008
SUBJECT:
Adoption 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 adoption of the ordinance.
I
BACKGROUND:
First reading of the ordinance was given on March 26, 2008.
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. It is expected to attract business based on its location relative to
the freeway 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
Preliminary 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.
A Negative Declaration was prepared and advertised. Staff recommends adoption of the ordinance.
March 24,2008. 10:57AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;;, ct
March 27, 2008
APPROVED
DEPARTMENT HEAD~.-h< Sih
CITY ATTORNE ;8rn4
CITY MANAGER Rs
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
SUBJECT: Adoption 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 C-21P.C.O. (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 01 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 adoption of the ordinance.
BACKGROUND:
First Reading of the ordinance was given on March 26, 2008.
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 changes from C-21P.C.D.
(Regional Commercial! Planned Commercial Development) zone to 01 zone of 5.01 acres and 5.00
March 24, 2008, 1 0:55AM
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ADMINISTRATIVE REPORT
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 DI zone on 5.0 acres; a zone change from R-1 (One-Family Dwelling) to 01 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.
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 24,2008, 10:59AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
Consent Calendar
FROM:
Honorable Mayor and City Council \~
Javier Lozano, Human Resources Manager . , DEPARTMENT HEAD
APPROVED
TO:
CITY MANAGER
DATE:
March 26,2008
CITY ATTORNEY
SUBJECT: New Job Specification and Change to Salary Schedule:
1) Amendment No. 11 to Resolution No.049-06 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits for Wastewater Treatment Plant Operator III.
2)
New Job Specifications:
Wastewater Treatment Plant Operator III #14430
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the new job specification.
BACKGROUND:
The Public Works Director has requested the creation of a Wastewater Treatment Plant Operator III
classification. This is due to the retention and recruitment problems that the Wastewater Division has
been experiencing for Wastewater Treatment Plant Operators. Recently, employees who have obtained
their California State Water Resources Control Board (CSWRCB) Grade III certification at City expense
have left the City for higher paying jobs elsewhere. Filling the resulting vacancies has been quite
challenging.
Creating a Wastewater Treatment Plant Operator III classification will allow us to attract higher qualified
candidates as well as retain those employees who get their Grade III certification. The recommended
salary is commensurate to comparable positions both internally and externally. The added cost will be
offset by the elimination of the annual $1500 certification pay per employee because the Grade III will now
be required in the job specification. The Wastewater Division has adequate salary savings to cover the
additional cost for the current fiscal year.
SEIU concurs with the proposed recommendation. The new job specification was approved by the
Miscellaneous Civil Service Board at their March 18, 2008 meeting.
(cc)
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
March 26, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of Landscapeforms Decorative Benches.
1. Resolution determining that Landscapeforms decorative benches cannot be
obtained through the usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $83,000.00.
2. Approve the purchase of decorative benches from Landscapeforms in the amount of
$83,000.00.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: A multi-departmental committee selected Landscapeforms Presidio decorative bench
as the preferred bench for the Mill Creek Linear Park project. The Presidio bench is a patented design
sold exclusively by the manufacturer and distributor, Landscapeforms. Funds for the purchase of the
Presidio decorative benches for the Mill Creek Linear Park project are available in the 2007-2008 Adopted
Budget.
Purchasing Division
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Created on 3/26/2008 10:47:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
Consent Calendar
Ron Fraze, Fire Chief
APPROVED
DEPARTMENT HEADr4ctk I k
ATTORNEY #-
CITY MANAGER Es
TO:
FROM:
Honorable Mayor and City Council
DATE:
March 28, 2008
SUBJECT: Aboveground Petroleum Storage State Grant
1) Resolution approving the application for the Aboveground Petroleum Storage Act
Grant.
2) Appropriate $73,365.00 to the Fire Department Operating Budget in the General
Fund
(All wards)
RECOMMENDATION: Staff recommends adoption.
BACKGROUND: Effective January 1, 2008, Assembly Bill 1130 (Laird) vested Certified Unified Program
Agencies (CUPA) with the responsibility and authority for the implementation of Aboveground Petroleum
Storage Tank Act (APSA). The Bakersfield Fire Department is the CUPA for the City of Bakersfield. The
California Environmental Protection Agency (CaI/EPA) is allocating $73.365.20 from the State
Environmental Protection Trust Fund to the Bakersfield Fire Department for CUPA implementation of
APSA in the City of Bakersfield. The allocation of the funds to the CUPA will be processed through a
grant.
The grant will fund several projects including upgrading computer software used to monitor petroleum
storage tanks and update disaster preparedness plans related to storage tanks.
A copy of the grant application is on file at the City Clerk's office for review.
RJ F/H HW/s
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3/28/2008
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: IJ. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 27 t 2008
.~ROVED
DEPARTMENT HEAD tfL
CITY ATTORNEY ./Jm4
CITY MANAGER es
SUBJECT: Resolution of Intention No. 1596 to add territory, Area 3-78 (Panama, Progress NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of Parcel
Map No. 11810 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 3-78 is generally bounded by Harris Road on
the north, Gosford Road on the east, Panama Lane on the south and Progress Road on the west. This
area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels
when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
also have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps. A copy of this covenant is attached for reference.
mr
March 27, 2008, 9:05AM
MD3-78Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: I ''1, .
0( /.J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 20, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~~'^
~
SUBJECT: Tract Map and Improvement Agreements
1. Final Map for McMillin Tuscany, LLC, for Tract 6857 located north of Kern Canyon
Road and east of Alfred Harrell Highway. The Tract is private and the
Improvements are completed, as stated in the Engineer's letter, therefore no
agreement is needed. (Ward 3)
2. Improvement Agreement with Castle and Cooke California, Inc., for Parcel Map
10781 located north of Ming Avenue and west of Buena vista Road. 0Nard 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rg
March 21, 2008, 11 :21 AM
G:\GROUPDAT\ADMINRPT\2008\04-09\Map and Improvement AGR.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9th, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;). ~,
IJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY If--
CITY MANAGER R.s
Mar. 24, 2008
SUBJECT: Assignment of Ground Lease Agreement 06-360 at the Bakersfield Municipal Airport for
Hangar space B-3 (yVard 1)
RECOMMENDATION: Staff recommends approval of the Assignment of Ground Lease Agreement
BACKGROUND: The Ground Lease Agreement for Hangar space B-3 is currently with Kern Charter.
Kern Charter desires to sell their hangar and assign their interest in the ground lease to Mr. Knute
Johnson. The ground lease allows for this assignment and the $200.00 processing fee. The assignment
will transfer all terms of the ground lease to Mr. Knute Johnson, including the monthly rent of $40.00.
(Typist's Initials lower case)
March 24, 2008, 9:57AM
G:\GROUPDA T\ADMINRPT\ADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: I d. .j(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
March 14, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-110 with Pavement Recycling Systems, Inc.
($1,200,000, revised not to exceed $2,400,000) and extending the term to April 12, 2009 for
the annual contract for cold planing. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 28, 2007, Council awarded the Annual Contract for cold planing, in the
amount of $1 ,200,000. Cold planing is the surface grinding process necessary to prepare streets for
paving overlay performed by City crews. The Agreement allows for four (4) consecutive one-year
extensions of agreement, if all parties agree. City staff and Pavement Recycling Systems, 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:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 07-110, Pavement Recycling Systems, Inc, April 9, 2008.doc
March 26, 2008, 9:09AM
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: /.J. {,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A~ROVED
I'<:
jl\
er
March 26, 2008
SUBJECT: Amendment No.3 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($7,000;
revised not to exceed amount of $179,390) for additional engineering for the Mill Creek -
Phase 1 (Central Park). (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City requested that Meyer Civil Engineering, Design Consultant, complete additional
work for the Mill Creek Liner Park Project Phase 1 project. Currently, the project is under construction.
The work request required additional electrical engineering to meet the desired opening of the park in
summer 2008. The amendment will increase the Design Consultant fee by an additional not to exceed
amount of $7,000; therefore, the total not to exceed contract amount is $179,390.
tma
March 27,2008, 10:29AM
G:\GROUPDAT\ADMINRPT\2008\04-09\MiII Creek Ph.1 - Amend NO.3 - Meyers Engr.doc
Project #P6K117
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: I J. fY1,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENTHEAD~~
CITY ATTORNE
CITY MANAGER f!,s
Stanley C. Grady, Development Services Director
March 21,2008
SUBJECT: Amendment to agreement and appropriation of funds for Environmental Impact Report
for General Plan Amendment! Zone Change No. 05-1420 (Bakersfield-Taft EIR) (Ward
7)
1. Amendment No.1 to Agreement No. 06-214 with Impact Sciences for $8,975.00 for
additional printing costs associated with the preparation of an Environmental Impact
Report.
2. Appropriate $8,975.00 developer's contribution to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
The additional amount of $8,975.00 has been deposited to the Planning Department by the applicant,
Bakersfield-Taft, LLC. The total contract amount with Impact Sciences, the EIR consultant, is
$205,450.00. No City funding is required for this contract. As with all EIR projects, the funds for the
consultant costs and staff's time and materials to process the EIR come from the project applicant.
The project consists of a General Plan Amendment and Zone Change at the southeast comer of Taft
Highway and Buena Vista Road. The proposed development includes 1,300 residential lots and a six-
acre park site on 305 acres.
The Planning Commission will hold a public hearing on the GPAlZone Change and EIR on March 20,
2008.
MG:mo 1 S:\GPA 3rd 2007\05-1420 (Bakersfield-Taft EIR)\Agreements\Adm Rpt amend to agreemt.doc
March 24, 2008
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: 1;).;1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
~PROVED
DEPARTMENT HEAD
CITY ATTORNEY~
CITY MANAGER Rs
March 4, 2008
SUBJECT: Accept bid and award contract to Granite Construction Company ($8,095,616.00) for
construction of Allen Road Improvements between Ming Avenue and Stockdale Highway.
(Ward 4)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City has prepared plans and specifications to construct Allen Road Bridge over the
Kern River. The purpose of this project is to build a Northl South road across the Kern River in order to
accommodate new growth in Northwest Bakersfield. Currently a Kern County Water Agency (KCWA)
approved contractor is constructing a box culvert over the Cross Valley Canal as part of this project
through a separate agreement. Funding for the project is from the Transportation Development Fund and
Proposition 1B. The Engineer's Estimate for the project was $13,500,000.00. There are sufficient funds
available for the project.
Five (5) acceptable bids were received on February 29, 2008 as follows:
BIDDER
AMOUNT
Granite Construction Company
585 W. Beach St.
Watsonville, CA 95076
C.A. Rasmussen, Inc.
28548 Livingston Ave.
Valencia, CA 91355
Griffith Company
P.O. Box 70157
Bakersfield, CA 93307 (City)
MCM Construction, Inc.
6413 32"d Street
North Highlands, CA 85660
Skanska USA Civil
1995 Agua Mansa Rd.
Riverside, CA 92509-2405
(tma)
in amount of
$8,095,616.00
in amount of
$9,423,372.30
in amount of
$9,595,802.00
in amount of
$10,555,555.00
in amount of
$12,833,093.00
March 27, 2008, 2:36PM
G:\GROUPDAT\ADMINRPT\2008\04-09\ADMINRPT - Allen Rd Bridge.doc
Project #T4K142
ADMINISTRATIVE REPORT
MEETING DATE: April 9,2008
AGENDA SECTION: Consent Calendar
ITEM: I~, 0,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
.ff.5
fr
March 28, 2008
SUBJECT: Thomas Roads Projects
1. Appropriate $ 2,467,868 SAFETEA-LU funds to the Capital Improvement Budget in the
Federal TRIP Fund;
2. Transfer and appropriate $ 1,891,988 Transportation Development fund balance to the
Capital Improvement Budget within the TRIP Local Match Fund.
RECOMMENDATION:
Staff recommends approval of appropriations and transfer.
BACKGROUND:
In 2005 the Thomas Roads Improvement Program (TRIP) was initiated to improve the transportation
system within Metropolitan Bakersfield and regional connectivity with an earmarked allocation of $722
million in Federal transportation funds. The City received advanced authorization from the State to begin
the' 1 st phase of the TRIP projects which includes contracting a Project Management firm, and beginning
the preliminary engineering and environmental study work. This advanced authorization allowed for
federally reimbursable expenditures to b~ incurred while the City and State completed the necessary
documentation authorizing funding of the 11t phase of the TRI P projects.
Based on these advanced authorizations, the City generated Capital Improvement Project budgets for the
current 2007-08 fiscal year. The State and City staff have worked together to finalize documentation for
the funding for the 1st phase of each of the projects. These phase 1 final approval amounts have now
been received from CalTrans. Certain budget adjustments are needed to match our budget and
accounting records with the final, State approved, funding levels for the various TRIP projects.
March 27,2008, 5:22PM
S:\Admin\Admln Reports\Admin-TRIP Budget approp.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: / J,. p,
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
Va-
er
March 27, 2008
SUBJECT: Appropriate and Transfer $1,040,000 of Domestic Water Fund Balance to the Agricultural
Water Fund and Sewer Fund to facilitate early re-payment of remaining inter-fund loan
balance originally made from the Sewer Fund in 2003 for emergency canal repairs.
RECOMMENDATION: Staff recommends approval of appropriations and transfers.
BACKGROUND: On October 30, 2003, City crews were dispatched to 19th and Oak Street because a
cave-in of the pavement due to the collapse of a corrugated metal culvert pipe. The seriousness of the
situation resulted in an emergency declaration by City Council to require immediate repair. Based on the
limited cash flow within the Agricultural Water fund at that time, the repairs were financed with a
$2,000,000 inter-fund loan from the Sewer Enterprise Fund. The loan was to be repaid over a seven year
payment period at a 4% annual interest rate; costs to be shared equally by Ag and Domestic Water funds
as both functions benefited equally from the water in that canal.
The first principal payment was originally scheduled to commence in December 2007, which is one year
after the final principal payment was made on the 2002 General Obligation Water Refunding Bonds
(formerly 1976 General Obligation Bonds). Additional Ag Water revenue was available in fund balance last
fiscal year based on the liquidation of the major bond debt obligation and from operating revenues related
to water reclamation service programs. City Council approved early repayment of 50% of the loan with
Agricultural Water funds at their April 11 ,2007 meeting: saving about $120,000 in future interest expense
on the loan.
The remaining $1,000,000 inter-fund loan balance is currently scheduled to be repaid with Domestic Water
funds over a five year period, with the first payment budgeted in the current fiscal year. There are
sufficient funds available to repay the entire debt at this time, which would save the water fund an
additional $80,000 in future interest expense over the next four years.
March 28.2008, 10:15AMR - Water Resources
S:\2008 ADMIN REPORTS\Sewer loan repaymentDWF2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Hearings
ITEM: / t./. tt .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~VED
/L
es
March 25, 2008
SUBJECT: Amendment No. 1 to Resolution 276-07 of the Council ordering the vacation of a portion of
"M" Street, "0" Street, "P" Street, 13th Street, and two Alleys. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Amendment to Resolution No. 276-07.
BACKGROUND:
The property owners, Maya Cinemas North America Inc., Sivers Bakersfield Inc., Sivershousing
Bakersfield Inc., and the City of Bakersfield requested and ordered by the Council on December 12, 2007,
the vacation of parts of "M" Street, "0" Street, "P" Street, 13th Street, and the two Alleys to develop the
area as a commercial center,.
The proposed amendment to Resolution No. 276-07 is to accurately describe the reservation of a portion
of the vacation area for sewer and utility purposes.
Notice of this public hearing has been duly advertised and posted as required by law.
A larger map is available at the City Clerk's office.
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Rp-ports
ITEM: 15. a.. ,
TO:
Honorable Mayor and City Council
(#0
DEPARTMENT HEAD,' ..
CITY ATTORNEY w.-
CITY MANAGER
FROM:
DATE:
Donna L. Kunz, Economic Development Director
March 26, 2008
SUBJECT: Update status on Mill Creek Linear Park Project. (Wards 1 & 2)
RECOMMENDATION:
No Action required.
BACKGROUND:
Staff will provide an update on the Mill Creek Linear Park Project.
S:\Admins\City Council\City Council Admins 2008\MiII Creek Linear Park update.doc
3/26/2008 8:35 AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 26, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5: 15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Council members Carson, Benham, Weir,
Couch, Sullivan (seated at 5:20 p.m.),
Scrivner
Absent:
Councilmember Couch
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
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.
Bakersfield, California, March 26, 2008 - Page 2
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:17 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:10 p.m.
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch (seated at 7:00 p.m.), Sullivan,
Scrivner
Absent:
None.
6. INVOCATION by Bishop Bernard Wallace, Church of
Christ Christian Ministries.
7. PLEDGE OF ALLEGIANCE by Darby Sward, 5th Grade
Student, Ronald Reagan Elementary.
Deputy City Clerk Fick announced Hearing item
14.b. will be continued for action on April 23, 2008.
Mayor Hall recognized the Bakersfield College and
Cal State Bakersfield government classes 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 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
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California, March 26, 2008 - Page 3
8.
CLOSED SESSION ACTION continued
b. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1)/54957.6.
City Attorney Gennaro announced Closed Session
items were not completed within the allotted time
frame and action would be announced at the
conclusion of the reconvened Closed Session at the
end of the Council meeting.
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.
Mr. Nilon accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to Judy
L. Normoyle, Ambassador for One Legacy,
proclaiming April, 2008 as National Donate Life
Month.
Ms. Normoyle accepted the Proclamation, provided
handouts to Council.
Donald Silvius and Abel Hernandez made
comments regarding the One Legacy Program.
10. PUBLIC STATEMENTS
a. Shawn Schoolcraft and Heater the Dragon (mascot)
spoke regarding the Bakersfield Blaze opening
weekend and provided the Council tickets.
b. Kenneth Cannon, David Boyd and Amy Richardson,
Co-chairperson of the Westpark Homeowners
Association, on behalf of that organization, spoke
regarding the Westside Parkway.
c. Edna LaFond, on behalf of the homeowners of
Fountain Springs Estates, spoke requesting the City
accept jurisdiction over streets in the community and
zoning changes and provided written material.
Councilmember Sullivan requested staff review the
information presented and contact Ms. LaFond.
ACTION TAKEN
Bakersfield, California, March 26, 2008 - Page 4
10.
PUBLIC STATEMENTS continued
d. Jayme Seeger spoke regarding passage of an
Ordinance making the City smoke-free.
e. Wayne Marden spoke regarding the proposed
Resolution regarding the Second Amendment.
11. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful
Committee due to the resignation of Elizabeth
Gosling, whose term expires November, 2010.
Motion by Vice-Mayor Hanson to appoint Lyle Martin to
fill the vacancy on the Keep Bakersfield Beautiful
created by the resignation of Elizabeth Gosling, term
expiring November, 2010.
b. One appointment to the Historic Preservation
Commission due to the expiration term of
Ann Sullivan, whose term expires March 30, 2008.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Sullivan
Sullivan
Talbot
Sullivan
Talbot
Talbot
Talbot
Motion by Vice-Mayor Hanson to appoint Nancy Talbot
to a three year term on the Historic Preservation
Commission, expiring March 30, 2011.
12. CONSENT CALENDAR
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.
ACTION TAKEN
APPROVED
APPROVED
ASS WEIR
Bakersfield, California, March 26, 2008 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
c. First Reading of Ordinance approving a Negative FR
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-
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)
d. First Reading of Ordinance approving a Negative FR
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-2/PCD (Regional
Commercial/Planned 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 01 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 CompanylProperty Owners: Gardiner
Family, LLC and Rosedale Farming Group)
Adoption of Ordinance approving a Negative ORD 4501
e.
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 located at the southeast corner of White Lane
and Buena Vista Road (ZC 06-1149)
f. Adoption of Ordinance amending Title 17 (Zone ORD 4502
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).
Bakersfield, California, March 26, 2008 - Page 6
12.
CONSENT CALENDAR continued
Resolutions:
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.
h.
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.
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).
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.
i.
j.
Agreements:
k. Final Tract Map and Improvement Agreements:
I.
Improvement Agreements with Ocean
Breeze Investments, for Parcel Map 11688
located south of Meany Avenue and west of
Patton Way.
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 uR"
Street.
1.
2.
ACTION TAKEN
RES 051-08
RES 052-08
RO/1590
RO/1595
AGR 08-049
AGR08-050
AGR 08-051
Bakersfield, California, March 26, 2008 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
m. Agreement with Wilson & Associates (not to exceed AGR 08-052
$100,000) for processing of developers'
improvement acquisition requests for authorized
improvements within the City's various Assessment
Districts.
n. Ditch Eradication and Pipeline Easement AGR 08-053
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 AGR 08-054
Starbuck Thornburgh & Keeter ($62,800) for full
scope annual audit of the 2007-08 fiscal year.
p. Cooperative Agreement with the State of California AGR 08-055
Department of Transportation to construct a new
freeway connection between State Route 58 (SR-
58) and the eastern terminus of the Wests ide
Parkway, known as the Centennial Corridor Project.
(TRI P)
q. Amendment NO.1 to Agreement No. 07-366 with AGR 07-366(1)
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.
r. Federal Emergency Management Agency Levee
Accreditation Program:
1. Amendment No.1 to Agreement WR07-011 AGR 08-056
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.
s. Amendment NO.1 to Agreement 07-085 with AGR 07-085(1)
Stinson's Stationers, Inc. ($350,000; revised
not to exceed $700,000) and extending the term to
March 12, 2009 for office supplies.
t. Amendment NO.2 to Agreement No. 06-220 with AGR 06-220(2)
Kern Sprinkler Landscaping, Inc. ($250,000; revised
not to exceed $600,000) for irrigation and
landscaping services.
Bakersfield, California, March 26, 2008 - Page 8
12.
CONSENT CALENDAR continued
u.
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.
v.
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.
Bids:
w.
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.
x.
y.
Deputy City Clerk Fick announced a correction to
item 12.j., changing the hearing date to April 23,
2008.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Councilmember Couch announced he would abstain
due to a client owning property in the area involved,
from item 12.i.
Motion by Councilmember Hanson to approve Consent
Calendar items 12.a through 12.y. with correction to
item 12.j.
ACTION TAKEN
AGR 00-95(4)
AGR 07-317CC01
AGR 08-057
AGR 08-058
AGR 08-059
APPROVED
Bakersfield, California, March 26, 2008 - Page 9
13.
CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a. 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.
Public Works Director Rojas made staff comments.
Hearing Opened at 7:13 p.m.
No one spoke.
Hearing Closed at 7:13 p.m.
Motion by Councilmember Weir to approve the
Resolution.
b. 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.
Assistant Planning Director Eggert made staff
comments.
Hearing opened at 7:15 p.m.
Motion by Vice-Mayor Hanson to continue the hearing
to April 23, 2008.
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
ACTION TAKEN
RES 053-08
APPROVED
APPROVED
Bakersfield, California, March 26, 2008 - Page 10
ACTION TAKEN
17. NEW BUSINESS
RES 054-08
a. Request by Councilmember Scrivner to consider
Resolution regarding the Second Amendment.
Deputy City Clerk Fick announced two articles of
correspondence were received regarding this item,
one in opposition and one in support of the item.
APPROVED
Motion by Councilmember Scrivner to approve the
Resolution.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff assist with
co"espondence,submiNedcorrespondenceand
requested staff contact her.
Councilmember Weir requested the Legislation and
Litigation Committee consider revising the current
Ordinance regarding Planning Commission
appointments and terms, particularly to allow each
Councilmember an appointment, the Commissioners
term to expire upon the appointing Councilmembers
departure from the City Council and to enable the
Council to remove a Commissioner upon a majority
vote of the City Council.
Councilmember Carson requested staff formulate new
ways to assist citizens in removing graffiti from tagged
walls.
Councilmember Sullivan requested staff review
materials regarding Ms. LaFond's issues, reach a
remedy for the problems and keep Councilmember
Sullivan informed.
Councilmember Sullivan made comments regarding
maintaining a clean community.
Councilmember Sullivan made comments regarding local
sports teams.
Council member Sullivan made comments in support of the
Second Amendment.
Mayor Hall announced he would be making trips to four of
Bakersfield's Sister Cities, provided trip dates and invited
Councilmembers to join him.
Bakersfield, California, March 26, 2008 - Page 11
ACTION TAKEN
Motion by Vice-Mayor Hanson to re-adjourn to Closed
Session at 7:30 p.m..
APPROVED
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 9:01 p.m..
APPROVED
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision(a) of
Government Code Section 54956.9 for the following
cases:
NO REPORTABLE
1. Ana Robledo, et al v. Thomas Lee Holt, Jr., ACTION
COB, BPD, et al Kern County Superior Court
Case No. S-1500-CV-258070-WDP
CITY ATTORNEY
2. City and California Water Service v. Dow GIVEN DIRECTION
Chemical Company, et al San Mateo County
Superior Court Case No. CIV 470999 NO REPORTABLE
3. DKS Investments, LLC; John M. Tarabino & ACTION
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
POSTPONED UNTIL
b. Public Employee Performance Evaluation - City 4-9-08
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1)/54957.6.
19. ADJOURNMENT
Vice-Mayor Hanson adjourned the meeting at 9:05 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:\CounciIlMINUTES\2008\March 26.doc