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HomeMy WebLinkAbout04/23/08 CC _AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF APRIL 23, 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. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1) and 54957.6 b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code section 54956.9 (One case). 1. OKS Investments, LLC; John M. Tarabirio & Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-50 inclusive Kern County Superior Court Case No. S:1500-CV-259731-LPE c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 d. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One issue) RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Leon Frost, United Pentecostal Church 7. PLEDGE OF ALLEGIANCE by Zachary Taylor, 2nd grade student at Amy B. Seibert Elementary School 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation of Nancy Yama, President of Auxiliary to Bakersfield Memorial Hospital, proclaiming April 27 - May 3,2008, as "National Volunteer Week". b. Presentation by Mayor Hall of Proclamation to G. I. Perkins, President of ABATE Local #40, proclaiming May 2008 at "Motorcycle Awareness Month". 10. PUBLIC STATEMENTS 11. APPOINTMENTS a. One appointment to the Bakersfield Redevelopment Agency due to the expiration term of Philip Bentley, whose term expired April 22, 2008. Staff recommends Council determination. (Ward 6) 11. APPOINTMENTS continued b. One appointment to the Planning Commission due to the expiration term of Jeff Tkac, whose term expires April 30, 2008. Staff recommends Council determination. 12. CONSENT CALENDAR (Ward 1,4,6) (Ward 1) Minutes: a. Approval of minutes of the April 9, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from March 28,2008 to April 10, 2008 in the amount of $20,160,245.18 and self-insurance payments from March 28, 2008 to April 10, 2008 in the amount of $146,251.50. Ordinances: c. First Reading of Ordinance amending Sections i 3.04.021, 13.04.022 and 13.04.023 of the Bakersfield Municipal Code relating to Maintenance Districts. d. First reading of Ordinance amending Municipal Code Sections ~ 1.12.01 0, ~ 1.12.040 and ~ 1.12.060 by adding Annexation No. 519 consisting of 123.08 acres, located on the south side of Panama Lane, generally east of Cottonwood Road, Annexation No. 590 consisting of 94.11 acres, located on the east and west side of South Union Avenue, north of East Hosking Avenue to Ward 1, Annexation No. 472 consisting of 37.75 acres, located west of Calloway Drive, south of Seventh Standard Roa.d, Annexation No. 553 consisting of 25.01 acres, located on the north side of Rosedale Highway, west of Allen Road, Annexation No. 566 consisting of 33.18 acres, located north of Etchart Road, east and west of Coffee Road to Ward 4 and Annexation No. 521 consisting of 9.77 acres, located north of Taft Highway, west of Stine Road to Ward 6. Resolutions: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 585 consisting of 3.32 acres located generally north of Wilson Road, between South Chester Avenue and South "P" Street. f. Resolution supporting the Governor's Flood Cohtrol and Water Supply Element of the California Strategic Growth Plan. (Ward 5) g. e. Resolution adding Area 3-78 (Panama, Progress NE) 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. h. A Resolution in support of AB 2537. Agreements: i. Environmental Impact Report (EIR) for an amen(jment to Title 17 of the Municipal Code, specifically Chapter 17.66 (Hillside Development) Combining Zone of the Zoning Ordinance: 1. Agreement with RBF Consulting ($250,000) to prepare EIR. (Ward 4) j. Agreement with Berrenda Mesa Water District (hot to exceed $276,400) to purchase real property for the right of way necessary to construct Allen Road Bridge at Kern River Project. 2 City Council Meeting of 4/23/2008 (Ward 5) (Ward 4 & 5) (Ward 1) (Ward 3) (Ward 2 & 3) (Ward 2) (Ward 2) 12. CONSENT CALENDAR continued k. Approve Cooperative Agreement with Department of Transportation ($567,726) for installation of traffic signal and lighting system at the intersection of State Route 119 and Ashe Road. I. Digital Aerial Imagery: 1. Memorandum of Understanding with Kerh Council of Governments (Kern COG)(not to exceed $65,000) to acquire and obtain an update of the City's aerial with the Kern County aerial photography and authorizing the Finance director to dispense with bidding. 2. Agreement with Kern COG ($65,000) to acquire and deliver an update of the City's aerial photography and use of 2008 Kern County aerials. Amendment No.1 to Agreement 96-356 with Kern County Water Agency regarding the Pioneer Project Joint Operating Agreement. m. n. Amendment NO.1 to Agreement 07-230 with Ferguson Enterprises ($80,000 revised not to exceed $160,000) and extending the term to JUiy 16, 2009 for the annual contract for the supply of Fire Hydrants and Hydrant Repair Parts. o. Amendment NO.2 to Agreement 02-161 with the Housing Authority of the County of Kern ($440/month) for leased space at 1630 East 11th Street. p. Contract Change Order Nos. 1 - 3 to Agreement 07-304 with Security Paving Construction ($59,126.04 revised not to exceed $29,188,572.14) for the State Route 178 & Fairfax Interchange Project. (TRIP) Contract Change Order NO.5 to Agreement 07-143 with MGE Underground Inc. ($34,544.36 a revised not to exceed $1,124,357.88) for the Traffic Signal Interconnect Part 4 along various streets within the City. q. r. Consultant's agreement with A. J. Environmental, Inc. ($59,885) to provide a Phase 1/11 Environmental Site Assessment for properties to be exchanged with the Kern County Water Agency for the Westside Parkway. (TRIP) Bids: s. Accept bid and award contract to Kern Pacific Construction Company ($1,660,257.60) for the construction of the 22nd Street Storm Drain Projact. t. Accept bid from Coastline Equipment ($227,466.53) for one (1) additional articulating four- wheel drive loader with high lift feature for the Public Works Department, Solid Waste Division. u. Accept bid for 140 vehicle on-board tracking systems (GPS units): 1. Accept bid from Blackhole Technologies, Inc., in the amount of $99,857.26 for vehicle on-board tracking systems. 2. Appropriate $100,000 Equipment Management Fund balance to the Public Works Operating budget. 3 City Council Meeting of 4/23/2008 12. CONSENT CALENDAR continued (Ward 2,3,5,6) w. Miscellaneous: v. Acceptance of 2006-07 Transportation Development Act funds Financial Statements. Appropriate $86,468 Federal Congestion Management Air Quality funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund for traffic signal and interconnection improvements at the folloWing locations: 1. "F" Street and 26th Street 2. La Costa and Auburn Street 3. White Lane and Lily Drive to Cern an Way x. Accept contribution ($68,975) from State Farm Mutual Automobile Insurance Company to purchase and equip a "crashed vehicle display trailer" in support of the "A Life Interrupted" Program and appropriate contribution to the POlice Department's Capital Outlay Fund. Staff recommends adoption of Consent Calendar items a through x. 13. CONSENT CALENDAR HEARINGS (Ward 1-7) (Ward 2) a. Public Hearing to consider Resolution establishing industrial and commercial sewer service user surcharges for Fiscal Year 2008-09. (Staff recommends adoption of Resolution.) b. Public Hearing to consider Resolution ordering the vacation of East 21 st Street between Beale Avenue and King Street and the alley located between East 21 st Street, King Street, Sumner Street and Beale Avenue. (Staff recommends adoption of Resolution.) 14. HEARINGS (Ward 6)* 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. (Continued from 03/26/08 meeting) Staff recommends adoption of resolution 15. REPORTS a. Report on Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) Trust Group Actions and Program Implementation Update 16. DEFERRED BUSINESS 17. NEW BUSINESS a. Removal of Planning Commissioner Russell JOhnson Staff recommends Council determination. * upon annexation 4 City Council Meeting of 4/23/2008 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Alan Tandy City Manager <1117/08 10:15 AM 5 City Council Meeting of 4/23/2008 AGENDA HIGHLIGHTS APRIL 23, 2008 COUNCIL MEETING REGULAR MEETING -5:15 D.m. CLOSED SESSION The performance evaluation of the City Manager will be discussed. There will also be a conference with the Labor Negotiator and with legal counsel regarding one case of existing litigation and one case of potential litigation. CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m. APPOINTMENTS There will be one appointment each to the Bakersfield Redevelopment Agency and Planning Commission. CONSENT CALENDAR Ordinances Item 12c. Ordinance Amendinc the Municioal Code Relatinc to Maintenance Districts. There are certain, very limited areas of the City that, when developed with residential tracts, may drain their storm water into a County maintained facility. For these areas, the County intends to charge every parcel within the tract $50 annually. Notification was received from the County to collect this annual maintenance fee for a five-acre tract on Wilson Road, between South Chester and South Union containing 23 mobile home lots. This is the only tract so far that has this requirement on it from the County. This is a circumstance that rarely occurs. This amendment will allow the City to collect this fee from the parcel$ affected. The standard process of Maintenance District formation would be followed. Resolutions Item 12h. Resolution in Suooort of AB 2537. On April 9, 2008, Councilmember Sullivan requested that staff draft a resolution in support of SB 1345. This bill would have permanently exempted government-supported organizations from having to pay their volunteers prevailing wages on public works projects. The bill was defeated. Based on a request from Councilmember Scrivner, a resolution in support of AB 2537, which also addresses the issue, was drafted. This bill will extend, until January 1, 2012, the exemption from the definition of "public works" for any work performed by a volunteer, a volunteer coordinator, or by members of the California Conservation Corps or of certified Community Conservation Corps. Aareements Item 12;. Acreement with RBF Consultinc to Preoare an Environmental Imoact Reoort in the amount of $250.000. The City has been ordered by the Court to prepare an EIR on the Chapter of the Bakersfield Municipal Code regarding Hillside Development, and to report back to the Court every 90 days with a progress report. This agreement sets the scope of services for the preparation of an EIR. The purpose of this Chapter is to define and implement the goals and policies of the Metropolitan Bakersfield General Plan as they relate to the preservation and maintenance of hillsides as a scenic resource of the City, and to protect the general public from the threat of wildfire, hillside instability and landslides. Item 12j. Aareement to Purchase Real Prooertv from Berrenda Mesa Water District (BMWD) for the Purchase of Rieht-of-Wav for the Construction of the Allen Road Bridee at Kern River Proiect in an amount not to exceed $276.400. Recently the City entered into an agreement with the Kern County Water Agency (KWCA) to construct a box culvert crossing the Cross Valley Canal. With construction complete on the box culvert, the remainder of the Allen Road Bridge project shall commence soon. With this agreement, the City will purchase the right-of-way (approximately 4.7 acres) necessary to begin construction of the remainder of the project. Item 12k. Coooerative Aereement with Deoartment of Transoortation for Installation of a Traffic Sienal. and Liehtine Svstem at the Intersection of State Route 119 and Ashe Road in the amount of $567.726. This project will widen the SR 119 and Ashe Road intersection' to ultimate width to accommodate the future widening of SR 119 for the Waste Water Treatment Plant 3 and Sports Village improvement projects. Included in the project is a traffic signal and safety lighting system. The project's total cost is $2,400,000, with the City's share being $567,726. Caltrans will be the lead agency for design and construction of the proposed improvements. Item 12r. Consultant's Aereement with A J Environmental. Inc. to Provide a Phase 1/11 Environmental Site Assessment for ProDerties to be Exchaneed with the Kern Countv Water Aeencv (KCWA) for the Westside Parkwav in the amount of $59.885. As part of the Wests ide Parkway project, a Phase 1111 Environmental Site Assessment was prepared by A J Environmental, Inc. It was subsequently determined to reroute a portion of the Cross Valley Canal owned by KCWA to an area south and parallel to the Westside Parkway. As part of KCW A's due diligence, they asked the City to pay for a Phase 1/11 Environmental Site Assessment for the property being exchanged. Due to the extreme time frames involved in securing funding for the Westside Parkway, staff recommends hiring A J Environmental, Inc. to provide the Assessment as they are familiar with the area and project, and can complete the report in two weeks. Bids Item 12s. Award Contract to Kern Pacific Construction Comoanv for the Construction of the 22nd Street Storm Drain Proiect in the amount of $1.660.257. The purpose of the 22na Street Storm Drain Project is to provide an interceptor storm drain located in the general area of 22nd Street from "B" Street to Elm Street. This drain will intercept drainage from existing storm drains and will reroute the drainage to a new disposal point in the Carrier Canal, at a location just south of 24th Street. Once the new storm drain system is installed, it will relieve the existing storm drain system along 21st Street and the lift station in Beach Park. A bid alternate for open cutting the Carrier Canal crossing could also be selected by the City during construction, if the canal is not being used at that time by the Water Resources Department. If implemented, the bid alternate would decrease the total contract amount with Kern Pacific Construction by $70,000. This project is funded entirely with Sewer Enterprise funds. Eleven acceptable bids were received. Staff recommends awarding the contract to Kern Pacific Construction' Company. CONSENT CALENDAR HEARINGS Item 13a. Public Hearine to Consider a Resolution Establishine Industrial and Commercial Sewer Service User Surcharees for Fiscal Year 2008-09. The adjustments to the surcharge schedule are calculated based on annual operating costs and capital improvement costs related to sewer/storm water collection systems and wastewater treatment plants. City staff is recommending an increase in the surcharge rates for Fiscal Year 2008-09 as noted in the administrative report. This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. Agenda Highlights - April 23, 2008 Council Meeting Page 2 Item 13b. Public Hearine to Consider a Resolution Orderino the Vacation of East 21st Street between Beale Avenue and Kina Street and the Alley Located Between East 21 st. Kina and Sumner Streets and Beale Avenue. The Bakersfield Rescue Mission is requesting the vacation of East 21st Street and Alley for the safety and security of their clients and the future creation of a campus setting. No objections have been received to date. The proposed vacation was found to be consistent with the General Plan. A Resolution of Intention to order the proposed vacation was adopted by Council on March 26, 2008. HEARINGS Item 14a. Public Hearino to Consider a Resolution Denyino the Aooeal by Daybreak Baotist Church and Uoholdine the Plannine Commission's Decision to Aoorove an Apolication for a Vestine Tentative Tract Mao on 8.92 acres Located on the North Side of State Route 119 (Taft Hiehway) between Stine Road and Ashe Road. The public hearing for this appeal. was originally scheduled for March 26, 2008. Because of a newspaper advertising error, the public hearing could not be held and was re-scheduled for April 23, 2008. Mcintosh & Associates, representing Centex Homes, (the property owner), proposes development of 34 lots, including 33 single-family residential lots and one non-buildable lot. On February 7, 2008, the Planning Commission approved the request with conditions. Lloyd Norton, representing Daybreak Baptist Church, submitted a letter in opposition prior to the hearing, testified in opposition during the hearing and submitted an appeal letter subsequent to the hearing. The appellant disagrees with the Conditions 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 tract is in the process of annexation; however, the Daybreak Baptist Church is in the County of Kern and has not applied for annexation. Secondly, 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. Further, 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. Staff recommends adopting the resolution and denying the appeal. REPORTS Item 15a. Reoort on Metrooolitan Bakersfield Habitat Conservation Plan (MBHCP) Trust Grouo Actions and Proeram Imolementation Uodate. The purpose of this report is to provide an update on the recent actions of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) implementation Trust Group and on the progress of the program. NEW BUSINESS Item 17a. Recommendation for the Removal of Plannine Commissioner Russell Johnson. Councilmember Weir requested that this be agendized under Municipal Code Section 2.28.030 Subsection D which states in part "members shall serve at the pleasure of the Council and may be removed at any time by the affirmative vote of five members of the CouncW'. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - April 23, 2008 Council Meeting Page 3 ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Closed Session ITEM: '-I,. CL TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED V? V? IJ;? April 10,2008 SUBJECT: Public Employee Performance Evaluation - City Manager Closed session pursuant to Government Code sections 54957(b)(1) and 54957.6 VG:dll S:ICOUNCllICI SesslAdmins\07 -08\()4..23-<l8CM-Eval.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Closed Session ITEM: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER lie;.- ve- 1'7 March 27. 2008 Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). · DKS Investments, LLC, a California limited liability company; John M. Tarabino and Joseph A. Tarabino, individuals; Canyons, LLC, a California limited liability company; and General Holding, Inc., a California corporation v. the City of Bakersfield; Bakersfield City Council; and does 1 through 50, inclusive Kern County Superior Court Case No. S-1500-CV- 259731-LPE VG:dll S:ICOUNCILICI SesslAdminsI07-08104-2~8ExislUt.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Closed Session ITEM: 4... c._ '+- cI TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED V~ April 14, 2008 SUBJECT: 1. Conference with Labor Negotiator pursuant to Government Code section 54957.6 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (One issue) GG:vl S:\COUNCILICL SESSIADMINSI07-08\4-23-08LABORNEGPOTLIT.DOC ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Presentations ITEM: q. Q . TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ED April 9, 2008 SUBJECT: Presentation by Mayor Hall of Proclamation to Nancy Yama, President of Auxiliary to Bakersfield Memorial Hospital, proclaiming April 27 - May 3, 2008, as "National Volunteer Week". RECOMMENDATION: BACKGROUND: ndw April 9, 2008, 1 :40PM S:\MA YORIADMIN\2008\NA TIONAL VOLUNTEER WEEK. dot ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDAnSECTION: Presentations ITEM: '1.1, . < TO: Honorable Mayor and City Council FROM: DATE: Mayor Harvey L. Hall DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 9, 2008 SUBJECT: Presentation by Mayor Hall of Proclamation to G. I. Perkins, President of ABA proclaiming May, 2008, as "Motorcycle Awareness Month". D RECOMMENDATION: BACKGROUND: ndw April 9, 2008, 1 :42PM S:\MA YOR\ADMIN\2008\MOTORCYCLE AWARENESS MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Appointments ITEM: {/, Ct., TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City CIU April 1 0,2008 APPROVED DEPARTMENT HEAaa" /}J CITY ATTORNEY CITY MANAGER SUBJECT: One appointment to the Bakersfield Redevelopment Agency due to the expiration of term of Philip Bentley, whose term expired April 22, 2008. (Mayor) RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Bakersfield Redevelopment Agency due to the expiration of term of Philip Bentley, whose term expired April 22,2008. The news release for this appointment was posted on February 15, 2008. Applications for appointment have been received from the following: · Philip Bentley · John (Jay) Eldon Boydstun · Marvin Dean · Andrew Michael Heglund The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the remainder of their term. The agency transacts business and exercises its powers under Community Redevelopment Law. Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. April 11, 2008, 9:09AM S:\Bds&Comm\BRDA\2008\Admin Apr 2008.dot ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Appointments ITEM: II. b. TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City C~ April 10, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: One appointment to the Planning Commission due to the expiration of whose term expires April 30, 2008. (Ward 6) RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission due to the expiration of term of Jeff Tkac. The news release for this recruitment was posted on February 15, 2008. Applications for appointment have been received from the following: · John (Jay) Eldon Boydstun · Andrew Michael Heglund · Jeff Tkac On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 6. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Council member of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four year terms, but not of a specific ward of the nominating Councilmember. April 11 , 2008, 9:09AM S:\Bds&Comm\PLANNING\2008\ADMIN April 2008.dot ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: ( :~ ~ CL. TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Cler~ April 1 0, 2008 APPROVED DEPARTMENT HEA~k. ~\' CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the April 9, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kl ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: 1.1. b~ TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED April 10, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from March 28, 2008 to April 10, 2008 in the amount of $20,160,245.18 and Self Insurance payments from March 28, 2008 to April 10, 2008 in the amount of $146,251.50. RECOMMENDATION: Staff recommends approval of payments totaling $20,306,496.68. BACKGROUND: RAR April 11, 2008, 9:23AM S:\Richard\AP\ADMI N-AP .doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director March 31 , 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Ordinance Amending Sections 13.04.021, 13.04.022 and 13.04.023 of the B Municipal Code Relating To Maintenance Districts. RECOMMENDATION: Staff recommends first reading of the ordinance BACKGROUND: There are certain, very limited areas of the City that, when developed with residential tracts, may drain their storm water into a County maintained facility. For these areas, the County has informed us of their intent to charge every parcel within the tract $50 annually. This fee was developed by Kern County's Engineering and Survey Services for their County Service Areas (CSA's). We have notification from the County of their intent to collect this annual maintenance fee for Tract 6917 - a five acre tract on Wilson Road, between South Chester and South Union containing 23 mobile home lots. This is the only tract so far that has this requirement on it from the County. This is a circumstance that occurs only rarely. This amendment will allow the City to collect this fee from the parcels affected. The standard process of Maintenance District formation would be followed: the submission of a ballot signed by the property owner acquiescing to the assessment; the adoption of an Engineer's Report with a boundary map giving the particulars of the annual maintenance fee; and the recording of a covenant stating the maximum annual assessment with the statement that the assessment may be increased annually in accordance with the Consumer Price Index. mps April 1 , 2008, 4:57PM G:\GROUPDAl\ADMINRP1\2008\04-23\MD Ordinance amend.doc ADMINISTRATIVE REPORT 'MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I;;. ci . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7"'er---- April 1,2008 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections ~ .12.010, ~ 1.12.040 and ~ 1.12.060 by adding Annexation No. 519 consisting of 123.08 acres, located on the south side of Panama Lane, generally east of Cottonwood Road, Annexation No. 590 consisting of 94.11 acres, located on the east and west side of South Union Avenue, north of East Hosking Avenue to Ward 1, Annexation No. 472 consisting of 37.75 acres, located west of Calloway Drive, south of Seventh Standard Road, Annexation No. 553 consisting of 25.01 acres, located on the north side of Rosedale Highway, west of Allen Road, Annexation No. 566 consisting of 33.18 acres, located north of Etchart Road, east and west of Coffee Road to Ward 4 and Annexation No. 521 consisting of 9.77 acres, located north of Taft Highway, west of Stine Road to Ward 6. (Wards 1, 4 & 6) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 519, 590, 472, 553, 566 and 521 into corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 519 is located on the south side of Panama Lane, generally east of Cottonwood Road. The property consists of 123.08 acres. The property owner proposes the development of single family residential units on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 590 is located on the east and west side of South Union Avenue, north of East Hosking Avenue. The area is fully developed and inhabited, consisting of 94.11 acres. This annexation eliminates a county island and the property owners requested annexation in order to receive city services. Annexation No. 472 is located west of Calloway Drive, south of Seventh Standard Road. The property consists of 37.75 acres. The property owner requested annexation for development purposes and to receive city services. Annexation No. 553 is located on the north side of Rosedale Highway, west of Allen Road. The property consists of 25.01 acres. The property owner proposes development of single family ADMINISTRATIVE REPORT Page 2 residential and a neighborhood church on the site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 566 is located north of Etchart Road, east and west of Coffee Road. The property consists of 33.18 acres. The property owner requested annexation for development purposes and to receive city services. Annexation No. 521 is located north of Taft Highway, west of Stine Road. The annexation consists of 9.77 acres. The property owner requested annexation to receive city services. S:\Annexation\Ordinances\2007\admin\Admin Draft 4-23-08519,590,472,553,566 & 521 .DOC ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: / :;. P--, TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7~ April 3, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving application proposing proceedings for annexation 0 u inhabited territory to the City identified as Annexation No. 585 consisting of 3.32 acres, located generally north of Wilson Road, between South Chester Avenue and South P Street. (Ward 1) 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. 585 consisting of 3.32 acres, located generally north of Wilson Road, between South Chester Avenue and South P Street. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. This annexation request includes nine parcels, six of the parcels are developed with single family homes and two parcels remain undeveloped vacant lots. Six of the property owners submitted requests to annex their properties to the city; however these parcels alone were not contiguous to city boundary. In order to create continuity, three additional parcels needed to be included in the annexation territory. The property owners of the three additional parcels were sent letters to see if they would be interested in annexing to the city. There was no response back from the inquiry. Based on the requests submitted by the majority of the property owners in this annexation territory, the proposal is to annex the land for development purposes and to receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Applic\Admin Draft 585.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: /;}. _Po TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager APPROVED April 10,2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution Supporting the Governor's Flood Control and Water Supply EI ment of the California Strategic Growth Plan. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The California State Water Project (SWP) moves water out of the Sacramento - San Joaquin River Delta (Delta) to meet the demands for water for 2/3 of the population of California and over 2 million acres of farmlands. The Bakersfield area receives a portion of its water supply from the Delta through the SWP with amounts up to 80,000 acre-feet per year. Local farming interests have contracts to receive up to 900,000 acre-feet of water for irrigation of crops in Kern County. The Delta is in jeopardy. Environmental problems and a fragile system of century old levees threaten the reliability of exporting water from the Delta. The California Strategic Growth Plan, published in January 2006, calls for an ambitious program to rebuild California's infrastructure. Included in the Plan is $11.9 Billion for Flood Control and Water Supply programs and construction of facilities to help ensure reliable water supplies for California. The $11.9 Billion proposal has two critical areas that are vital to gaining more reliability in water supplies, namely storage and conveyance. The proposal has several parts. Highlights are a Water Storage component, at $3.5 Billion, which will be dedicated to additional storage to capture and regulate snow pack and high flood flows. $2.4 Billion slated for Delta Sustainability to improve conveyance and strengthen levees. $3.1 Billion for Water Conservation efforts to reduce dependence on imported water. Another $1.1 Billion will be dedicated to improve drinking water quality, assist community wastewater projects and provide for stormwater management project funds. This Resolution will indicate the City of Bakersfield's support of the Flood Control and Water Supply element of the California Strategic Growth Plan and implementing the Plan works will bring a more dependable SWP supply to the Bakersfield area. April 1 0, 2008 S:\200BADMIN REPORTS\ResolutionSupportWaterPlan ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: ' TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 'V; ,~ l,..-v . April 4, 2008 SUBJECT: Resolution adding Area 3-78 (Panama, Progress NE) to the Consolidated n nance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On April 9, 2008 the Council adopted Resolution of Intention No. 1596 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks andlor street landscaping. The area will be under park andlor streetscape zones of benefit and will be assigned the appropriate tier levels when parks andlor street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a PropositioD 218 ballot indicating their consent to the assessments. In order to provide \~tre property owners with disclosure regarding the indlusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr G:\GROUPDAT\ADMINRPn2008\04-23\MD 3-78 Admin Report.doc Created on 4/9/2008 11 :16:00 AM ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED April 14, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution in support of AB 2537. RECOMMENDATION: Staff has no recommendation. BACKGROUND: On April 9, 2008, Councilmember Sullivan requested staff draft a resolution in support of SB 1345. This bill would have permanently exempted government-supported organizations from having to pay their volunteers prevailing wages on public works projects. However, it was defeated in the Senate on April 10, 2008. As the repeal of the exemption draws nearer on January 1, 2009, another bill (AB 2537) proposed by Assembly Member Furutani similarly addresses this issue. In light of the defeat of SB 1345 and based on a request by Councilmember Scrivner, staff took the liberty of drafting a resolution in support of AB 2537, since this bill would extend, until January 1, 2012, the exemption from the definition of "public works" for any work performed by a volunteer, a volunteer coordinator, or by members of the California Conservation Corps or of certified Community Conservation Corps. JC:lsc S:\COUNCIL \Admins\07 -08 Admins\SupportAB2537. volunteers.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I.~. --l .. TO: FROM: DATE: Honorable Mayor and City Councii Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED April 3, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Environmental Impact Report (EIR) for an amendment to Title 17 of the Bake Municipal Code, specifically Chapter 17.66 (Hillside Development) Combining the Zoning Ordinance. (City-wide) 1. Agreement with RBF Consulting for ($250,000.00) to prepare EIR. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City of Bakersfield has been ordered by the Court to prepare an Environmental Impact Report on the Bakersfield Municipal Code, Chapter 17.66 HD (Hillside Development) Combining Zone of the Zoning Ordinance and to report back to the court every 90 days with a progress report. This agreement sets the scope of services for the preparation of an EIR for Title 17 of the Bakersfield Municipal Code, specifically Chapter 17.66 HD (Hillside Development) Combining Zone by RBF Consulting. The purpose of this chapter is to define and implement the goals and policies of the Metropolitan Bakersfield General Plan as they relate to the preservation and maintenance of hillsides as a scenic resource of the City and to protect the general public from the threat of wildfire, hillside instability and landslides. The HD (Hillside Development) zone district is an overlay zone. The regulations established by the HD district are in addition to those uses allowed and the regulations of the base zone district. April 7, 2008, 9:25AM S:\Oana\ADMINS\2008\Apr\4-23-HillsideOrdEIRAgr.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I' " . 01... ... o TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 1//1 , . / . ( ~. - i,." April 9, 2008 SUBJECT: Agreement to Purchase Real Property from Berrenda Mesa Water Distric (n to exceed $276,400) for the purchase of right of way for the construction of Allen Road Bndge at Kern River Project (Ward 4). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City has prepared plans and specifications to construct Allen Road over the Kern River and the Cross Valley Canal, south of Stockdale Highway to Ming Avenue. Recently the City entered into an agreement with the Kern County Water Agency (KWCA) to construct a box culvert crossing the Cross Valley Canal. With construction complete on the box culvert the remainder of the Allen Road Bridge project shall commence soon. With this agreement the City will purchase the right of way necessary from Berrenda Mesa Water District (BMWD) to begin construction of the remainder of the Allen Road Bridge project. The City and BMWD had previously agreed to an appraisal estimate of the property value ($1.35 per square foot). The appraisal was performed by Michael Burger and Associates in February 2008. The City is acquiring 204,726 square feet or approximately 4.7 acres. (tma) (T4K142) April 1 0, 2008, 3:34PM G:\GROUPDAT\ADMINRPT\2008\04-23\Allen Rd Bridge - ROW Purchase Agreement with Berrenda Mesa.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I d, K'~ TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 10, 2008 SUBJECT: Approve Cooperative Agreement with Department of Transportation ($ ,7 6.00) for installation of Traffic Signal, and Lighting System at the intersection of State Ro Ashe Road. (Ward 5) RECOMMENDATION: Staff recommends approval of Agreement. pACKGROUND: The Department of Transportation (Caltrans) has a safety project to install traffic signal and safety lighting on State Route (SR) 119 at the intersection of Ashe Road. This project includes signalization of the intersection and improvements to SR 119 west of Ashe Road. This project will widen SR 119 and Ashe Road intersection to ultimate width to accommodate the future widening of SR 119 for the Waste Water Treatment Plant Three and Sports Village improvement projects. The project total cost is $2,400,000; the City's share for this project is $567,726. Caltrans will be the lead agency for design and construction of the proposed improvements. The City's share of project cost is part of a larger scaled project entitled "Wastewater Treatment Plant No. 3 Arterial Roads." Sufficient funds are budgeted to award this agreement. April 1 O. 2008. 3:20PM G:\GROUPDA T\ADMINRPT\2008\04-23\State-City- Coop-Agr-aux-Iane_ SR119 at Ashe.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: /.;;,,. I. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 10, 2008 SUBJECT: Digital Aerial Imagery: 1. Memorandum of Understanding with Kern Council of Governments ( rn COG) to acquire and obtain an update of City of Bakersfield Aerial with the Kern County aerial photography and authorizing the Finance Director to dispense with bidding therefore, not to exceed $65,000. 2. Agreement with Kern COG ($65,000) to acquire and delivery of an update of City of Bakersfield Aerial photography and use of 2008 Kern County aerials. RECOMMENDATION: Staff recommends adoption of the Memorandum of Understanding and approval of Agreement. BACKGROUND: During past years, the City of Bakersfield has purchased aerial photography within the City of Bakersfield's General Plan. Aerial photography was acquired every two years to maintain a history of City growth patterns. Several years ago, in an effort to catalog this growth more frequently, the City of Bakersfield began purchasing digital aerial photography on an annual basis. Aerial photography has become an invaluable tool citywide. Aerial Imagery is accessed daily by all departments and divisions including Subdivisions, Wastewater, Traffic, Planning, Code Enforcement, Solid Waste, General Services, Engineering, Crime Analyst, Crime Prevention, Fire Department, Graffiti and GIS in the course of their duties. Aerial Imagery is also used by City staff for presentations to the City Council and Planning Commission as well as other publiC meetings and preliminary studies. Staff meetings with developers, property owners, State and County agencies, accident investigations, traffic roadway striping, intersection control, field conditions from citizen inquiries, and planning future projects, crime analysis, Disaster Emergency Planning for schools deployed to SWAT teams has made aerial photography an integral part of the process. While the City will be contracting to acquire detailed aerial photography (six inch photography) encompassing 430 square miles, the City has an opportunity to partner with participating agencies that will encompass the entire Kern County of 8,700 square miles of aerial photography. This digital photography will be accessible for use by the City wide staff. Since this project benefits many divisions within the City, various funding sources will be used. These sources include: Park Improvement Fund; Transportation Development Fund; Sewer Enterprise Fund; Refuse Fund; Domestic Water Fund; Development Services Fund; and Gas Tax Fund. This project does not include any General Fund dollars. April 10, 2008, 2:48PM G:\GROUPDA T\ADMINRPT\2008\04-23\MOU-Digital Aerial Photography.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: IJ. /YL TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~__ CITY ATTORNEY V ~ CITY MANAGER Flor(l Core, Water Resources Manager April 9, 2008 SUBJECT: Amendment NO.1 to Agreement No. 96-356 with Kern County Water Agency egarding the Pioneer Project Joint Operating Agreement (Ward Nos. 4 & 5) / RECOMMENDATION: Water Board and staff recommend approval of amendment to the agreement. BACKGROUND: Agreement No. 96-356 allowed the Kern County Water Agency (KCWA) and its member units to spread, percolate and bank water in the Kern River channel through Bakersfield, the City's 2800 Acres, KCWA Pioneer properties and other adjoining water banking properties, the project was coined the Pioneer Project. The agreement limited the pumping and extraction of the banked water to areas west of the City of Bakersfield city limits. The Land Exchange and Water Development Agreement (Agreement No. 06-157) between the City, KCWA, Castle & Cooke and Bolthouse Properties had land ownership changes that involve lands used for spreading and pumping from the Pioneer Project. Portions of the Pioneer Project lands that were exchanged in Agreement No. 06-157 are associated with Castle & Cooke's West Ming Project and Stockdale Ranch Project. This amendment allows for the change of spreading and pumping areas to be aligned with the property ownership swap. The City has added new percolation areas available to KCWA, namely the lakes at the Park at River Walk and the lake at Aera Park. The amendment removes planned City wells that were to be located in the "2800 Acres" in order to eliminate potential interference with KCWA wells that are to be operated on the adjacent property that was included in the exchange. The City of Bakersfield Water Board reviewed and voted to recommend City Council approval of this amendment to the agreement at its March 5, 2008 meeting. April S, 200S S :\200SADMI N R E PORTSlAmendPioneerOperating ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I d . 11~ TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED April 8, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment NO.1 to Agreement No. 07-230 with Ferguson Enterprises ($80, 0, revised not to exceed $160,000) and extending the term to July 16, 2009 for the annua contract for the supply of Fire Hydrants and Hydrant Repair Parts. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 18, 2007, Council awarded the Annual Contract for the supply of fire hydrants and hydrant repair parts in the amount of $80,000. The Agreement allows for four (4) consecutive one- year extensions of agreement, if all parties agree. City staff and Ferguson Enterprises 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:\PURCHIADMIN\AmendmentslAmendment #1 to Agreement 07-230, Ferguson Enterprises, April 23, 2008.doc April 8, 2008, 10:30AM ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I :J . o. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DATE: April 10, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No.2 to Agreement No. 02-161 with the Housing Authority of the Co Kern for leased space at 1630 East 11 th Street for $440.00 a month. (Ward 1) RECOMMENDATION:' Staff recommends approval of Agreement. BACKGROUND: On April 22, 2002, the City of Bakersfield entered into Agreement No. 02-161 with the Housing Authority of the County of Kern (HACK) to lease a residential unit (approximately 725 rentable square feet) at 1630 East 11 th Street for a police satellite station. On June 7, 2006, Agency and City entered into Agreement No. 02-161(1) to amend Agreement No. 02- 161 to extend the term of the lease and adjust the base rent to $440.00 a month. The police department provides crime prevention services from this office, including neighborhood watch programs and senior safety programs. This office has a community meeting area and residents of the area are encouraged to use the facility for community meetings. Police reports and vehicle impound releases will eventually be available from this satellite office. The first amendment of the lease was to extend the lease for two more years and is due to expire May 31, 2008. However, it has been determined that it will be necessary to continue to lease this space until other options become available. HACK has offered to extend the lease a second time an additional three years under the current terms. The City looks forward to continuing our positive relationship with HACK. ENB/s Admin_sa telliteLease.doc April 10. 2008 ADMINISTRATIVE REPORT MEETING DATE: April 23,2008 AGENDA SECTION: Consent Calendar ITEM: I d. /J. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director April 14, 2008 CITY MANAGER SUBJECT: Contract Change Order Nos. 1 thru 3 to Agreement 07 -304 with Security Paving Construction ($59,126.04 for a revised not to exceed amount of $29,188,572.14) for the State Route 178 & Fairfax Road Interchange Project (Ward 3) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consist, in general, of construction of a freeway interchange on State Route 178 at Fairfax Rd. and the extension of the freeway from 0.12 miles east of the Oswell Street overcrossing to approximately 0.19 miles west of Morning Drive. Change Order No. 1 provides for the installation of temporary traffic control devices, a construction entrance in accordance with the Traffic Control Plan for the City's landfill disposal site, and the installation of inlet protection along the Fairfax Road haul route. This work was not included in the original bid to Security Paving Construction. While the contractor was not required to deposit excavated soil at the City's landfill site, the City has benefited from this arrangement. This change results in a net increase of $13,634.00. Change Order No.2 provides for revising the height of retaining wall # 3 between Station 2+00 to 2-43 to a new height of 3.0 meters from the 1.2 meters as originally shown in the plans. The right-of-way agreement between the City of Bakersfield and the Bakersfield Country Club included the construction of an 8' high masonry wall along the property line. This agreement was negotiated after the plans were approved, therefore was not included for the bidding process. After discussing the issue with CalTRANS, it was decided to increase the height of the Type 7SW retaining wall instead of constructing the additional masonry wall. This change results in a net increase of $ 34,713.16. Change Order NO.3 provides for traffic control, temporary striping necessary to detour traffic and the construction of the tie-in to the existing roadway at the east end of the project in accordance with the revised traffic control plans TH-6, TH-7, and TH-8. Thi.s work was not properly indicated in the original plans and a revision was required. This change results in a net increase of $ 10,778.88. The net cost increase of Change Orders 1 thru 3 is $59,126.04. This provides a total cost increase of $59,126.04 (which is a 0.2% increase from the original contract price) as illustrated below: . . . Current Contract Amount (with Amendment # 1) CCO 1-3 Amended Contract Agreement after Change Orders Net Increase to date = $29,129,446.10 $ 59,126.04 $29,188,572.14 $ 59,126.04 = = = Adequate state/federal funds have been previously budgeted to cover these additional costs. G:\GROUPDAT\ADMINRPT\2008\04-23\Admin Rpt CCO 1-3 Fairfax Interchange Project -.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: /tR,. Q, Ll TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 10, 2008 SUBJECT: Contract Change Order NO.5 to Agreement No. 07-143 with MGE Undergr und Inc. ($34,544.36; for a revised not to exceed amount of $1,124,357.88) for the Tra ic Signal Interconnect Part 4 along various streets within the City of Bakersfield project. (Wards 2 and 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Construction on this project began in July, 2007. During construction, an additional 90 feet of 2" Conduit, 908 feet of 3" Conduit, and 2800 feet of 48 strand fiber optic cable was installed along various portions of Auburn Street and Columbus Street d~e to the relocation of many of the conduit runs. This is the fifth contract change order to be submitted for the project. The change orders to date on this project reflect a net increase of $84,935.88 (which is an increase of 8.2% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $1,039,422.00 $1,124,357.88 $ 84,935.88 . = = Sufficient funds are budgeted to cover this contract change order. G:\GROUPDATlADMINRPT\2008\04-23\Admin_Rpt_CCO 5 Traffic Signal Interconnect 4.doc SP ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: f d. {. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED April 15, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Consultant's agreement with A J Environmental, Inc. to provide a Phase 1/11 Enviro mental Site Assessment for properties to be exchanged with the Kern County Water Agency for the Westside Parkway ($59,885.00). (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: When the City acquires real property it is customary to have a Phase I Environmental Site Assessment prepared to identify any known hazardous material issues that may be present. The Phase I involves researching historical databases, aerial photography and field inspections to identify former or existing uses that may have resulted in contamination. If the Phase I Environmental Site Assessment identifies any issues which may adversely impact the use of the property a Phase II Assessment is prepared. In a Phase II Assessment samples are collected, Le. soil samples, building materials and tested to confirm whether or not contamination exists. If the Phase II confirms the existence of contamination the property is either not purchased, or the sales price is adjusted to reflect the cost of remediation, or the property owner remediates the property and then it is purchased. As part of the Westside Parkway project a Phase 1/11 Environmental Site Assessment was prepared by A J Environmental, Inc. Subsequently, it was determined that it would be mutually advantageous to reroute a portion of the Cross Valley Canal owned by the Kern County Water Agency (KCWA) to an area south and parallel to the Westside Parkway. As part of KCWA's due-diligence they have requested the City pay for a Phase 1/11 Environmental Site Assessment for the property being exchanged. The Scope of Work for this assessment is reflective of the fact that Cross Valley Canal is transporting water to the KCWA's treatment facility which then delivers it to domestic users. Due to the extreme time frames involved in securing funding for the Westside Parkway it was determined that it would be expeditious to hire A J Environmental. AJ is familiar with the area having just completed a Phase 1111 for the Wests ide Parkway and they can prepare the report in two weeks. The price of $59,885 includes $50,155 for soil sample laboratory analysis, Le. Cam 17 Metals (EPA Test Method 6010), Volatile Organic Compounds (EPA Method 8260), Total Petroleum Hydrocarbons (EPA Test Method 418.1), and Semi-Volatile Organic Compounds (EPA Test Method 8270) of the 110 samples to be collected. The balance is for costs of collecting the samples and preparing the final report. April 15, 2008, 1 :28PM P:\MyFiles\Admin Reports\WSP CVC Phase Il.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: Id. S, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED l1L April 11, 2008 SUBJECT: Accept bid and award contract to Kern Pacific Construction Company ($1,660,257.60) for the construction of the 22nd Street Storm Drain Project (Ward 2). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The purpose of the 22nd Street Storm Drain Project is to provide an interceptor storm drain located in the general area of 22"d Street from "B" Street to Elm Street. This drain will intercept drainage from existing storm drains and will reroute the drainage to a new disposal point in the Carrier Canal, at a location just south of 24th Street. Once the new storm drain system is installed, it will relieve the existing storm drain system along 21st Street and the lift station in Beach Park. The new storm drain facilities will be constructed in accordance with the Master Drainage Study, which was prepared in November of 2000. The work to be performed consists, in general, of the construction of a large diameter storm drain, a detention basin and storm water lift station and a force main. The work includes the furnishing and installation of 18" diameter to 54" diameter storm drain; the boring and casing crossing of the Carrier Canal; excavating the detention basin; constructing a storm water lift station along with pump and motor units; and an outlet structure to the Carrier Canal. A bid alternate for open cutting the Carrier Canal crossing could also be selected by the City during construction, if the canal is not being used at that time by the Water Resources Department. If implemented, the bid alternate would decrease the total contract amount with Kern Pacific Construction by $70,000. This project is funded entirely with Sewer Enterprise funds. The Engineer's Estimate for this construction contract was $2,390,247. There are sufficient funds in the project account for this contract. On March 25, 2008, eleven (11) acceptable bids were received as follows: Kern Pacific Construction Co. 4001 Patton Way #1 Bakersfield, CA 93308 (City) in the amount of $1,660,257.60 Floyd Johnston Construction Co., Inc. 2301 Herndon Avenue Clovis, CA 93611 in the amount of $1,770,343.00 April 8. 2008, 11 :04AM G:\GROUPDAT\ADMINRPT\2008\04-23\22nd Street Stonn Drain E6K108 Contract Award.doc ADMINISTRATIVE REPORT Sierra Cascade Construction, Inc. 1043 W. Avenue M-4, Ste. A Palmdale, CA 93551 in the amount of $1,888,290.00 HPS Mechanical, Inc. 31 00 E. Belle Terrace Bakersfield, CA 93307 (City) in the amount of $1,964,390.00 Nicholas Construction, Inc. 1975 Airport Drive Bakersfield, CA 93308 (County) in the amount of $2,015,697.00 WEKA Inc. 826 Brookside Avenue, Ste. G Redlands, CA 92323 in the amount of $2,061,182.00 ConCastCo 4808 Stine Road, Ste. 0 Bakersfield, CA 93313 (City) in the amount of $2,039,243.00 Griffith Company 1898 S. Union Avenue Bakersfield, CA 93307 (City) in the amount of $2,099,999.00 Mountain Cascade, Inc. 555 Exchange Ct. Livermore, CA 94550 in the amount of $2,258,900.00 So. California Pipeline Construction 15991 Red Hill Avenue #200 Tustin, CA 92780 in the amount of $2,435,448.00 Blois Construction, Inc. 3201 Strugis Road Oxnard, CA 93030 in the amount of $3,571,549.00 jlm April 8. 2008, 11 :04AM G:\GROUPDAT\ADMINRPT\2008\04-23\22nd Street Storm Drain E6K108 Contract Award.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I J" -t:. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED April 8. 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Coastline Equipment in the amount of $227,466.53 for on (1) ditional articulating four-wheel drive loader with high lift feature for the Public Works De artment, Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing articulating four-wheel drive loaders with high lift feature to be used by the Public Works Department, Solid Waste Division. Two (2) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $227,466.53 Coastline Equipment Bakersfield, California Quinn Company Bakersfield, California Staff finds the low bid to be acceptable and recommends award of the bid to Coastline Equipment, Bakersfield, California. $234,629.75 Purchasing Division Kb S:\PURCHIADMINlArticulated 4WD loaderw-high lift, 07-08-53, April 23, 2008.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: 1,;<. u.. . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 8, 2008 SUBJECT: Accept bid for one hundred forty (140) vehicle on-board tracking systems (GPS units): 1. Accept bid from Blackhole Technologies, Incorporated in the amount of $99,857.26 for vehicle on-board tracking systems. (Citywide) 2. Appropriate $100,000 Equipment Management Fund Balance to the Public Works Operating Budget. RECOMMENDATION: Staff recommends acceptance of the bid for one hundred forty (140) vehicle on- board tracking systems. BACKGROUND: Invitations to bid were sent to ninety one (91) suppliers for vehicle on-board tracking systems (GPS units) to be installed by the Fleet Services Division of Public Works. Two (2) acceptable bids were received in response to the solicitation as follows: BIDDER AMOUNT $ 99,857.26 Blackhole Technologies, Inc. Bakersfield, CA PLCs Plus International, Inc Bakersfield, CA Staff finds the low bid to be acceptable and recommends award of the bid to Blackhole Technologies, Inc., Bakersfield, CA in the amount of $99,857.26. $114,114.00 Purchasing Division S:\PURCH\ADMIN\Vehicle On-Board Tracking Systems, 07-08-70, April 23, 2008.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: I d. V~ TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director April 2,2008 SUBJECT: Acceptance of 2006-07 Transportation Development Act Funds Financial RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2007. The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public Transit Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter Accountancy Corporation has issued an unqualified opinion. G:\GROUPDAT\ADMINRPT\2008\04-23\Transp Dev Act Funds Financial Stm.doc gl ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: (.~. (u. TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 3, 2008 SUBJECT: Appropriate $86,468 Federal Congestion Management Air Quality fund 0 he Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund for traffic signal and interconnect improvements at the following locations: · F Street and 26th Street (Ward 2) · La Costa and Auburn Street (Ward 3) · White Lane and Lily Drive to Cernan Way (Wards 5, 6) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Engineering staff successfully submitted for additional federal funds for three traffic signal and interconnect projects which are funded predominantly with federal Congestion Management Air Quality (CMAQ) funds. These three locations, along with the amount of additional federal funding secured, include: · F Street and 26th Street - $25,761; · La Costa and Auburn Street - $28,490; and · White Lane and Lily Drive to Cernan Way - $32,217 In aggregate, an additional $86,468 was received and must be appropriated before the funds can be used. The projects at F Street and 26th Street and at Auburn Street and La Costa Court have recently been completed and placed into full operation. The additional federal funds for these two projects will be used to cover outstanding invoices. Construction of the project at White Lane and Lily Drive is pending until conflicts with PG&E power lines are resolved. April 8. 2008, 11 :44AM G:\GROUPDAT\ADMINRPT\2008\05-7\Additional Appropriation for Traffic Signal.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Consent Calendar ITEM: Id. JL. TO: Honorable Mayor and City Council FROM: William R. Rector, Chief of Police DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: April 11, 2008 SUBJECT: Accept a contribution of $68,975.00 from the State Farm Mutual Automobile Insurance Company to purchase and equip a "crashed vehicle display trailer" in support of the "A Life Interrupted" Program; and appropriate the $68,975.00 contribution to the Police Department's Capital Outlay Fund. RECOMMENDATION: Staff recommends acceptance of the contribution and the appropriation. BACKGROUND: The Bakersfield Police Department has developed an award winning multimedia program entitled "A Life Interrupted" which promotes safe and sober driving for young, newly licensed drivers. Since the inception of the program, BPD has presented the program to approximately 12,000 high school students per year. The program consists of a traffic officer discussing fatal collisions involving local teens, and emotionally reaches the students when mothers of some of the drivers killed in the collisions speak to the students about "their story." To show their support of the "A Life Interrupted" program, the State Farm Mutual Automobile Insurance Company has donated $68,975.00 to purchase and equip a crashed vehicle display trailer that will be used as part of future "A Life Interrupted" programs. This trailer will house a vehicle that was involved in a Driving Under the Influence of Alcohol collision that resulted in the death of a local teenager. The trailer will be equipped with four televisions that will display a safety message. The trailer is self contained so that it will be able to be displayed in any environment. The trailer will be used for educational programs throughout the City of Bakersfield and the County of Kern. It will be displayed at the Kern County Fair, Car Shows, High Schools, and business safety fairs. DB April 11 , 2008, 9:04AM \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 07-08\ADMIN RPT (04-23-08) A LIFE INTERRUPTED TRAILER.dot; ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Hearings ITEM: /3, Cl.. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 14, 2008 SUBJECT: Hearing to consider a resolution establishing industrial and commercial sewer service user surcharges for Fiscal Year 2008-09 (Wards 1-7). RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code to cover the cost of operation and maintenance for the sewer treatment plants and for the existing sewer collection system. Commercial and industrial users represent manufacturing and most business entities. An annual flat rate sewer fee (reviewed annually) is collected with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. In addition, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial sewer users exceed the baseline amount. The adjustments to the surcharge schedule are calculated based on annual operating costs and capital improvement costs related to sewer/storm water collection systems and wastewater treatment plants. City staff is recommending an increase in the surcharge rates for Fiscal Year 2008-09. If approved, the surcharge rate will increase according to the following schedule. Surcharae Schedule - Commercial and Industrial This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. The surcharge for the excesses shall be as follows: Flow Biochemical Oxygen Demand (BOD) Total Suspended Solids (TSS) $1 ,327. 32/million gallons (14.4% increase) $95.59/1000 pound (27.5% increase) $80.87/1000 pound (3.9% increase) Note - Flow will be estimated based on water consumption records during the three (3) winter months from December to February. This is to adjust for water used for irrigation that will not flow into the sewer system. C:\DOCUME-1\1skinner\LOCALS-1\Temp\XPgrpwise\Admin Rpt 08-09 Industrial-Commercial Users.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Hearings ITEM: /J~ b. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER March 26, 2008 SUBJECT: Public Hearing to consider Resolution ordering the vacation of East 21 st Street etween 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 21 st 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 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 Califomia 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. 1595 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of March 26, 2008. Notice of this public hearing has been duly advertised and posted as required by law. ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Hearings ITEM: /'-1. Q . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED April 4, 2008 CITY ATTORNEY CITY MANAGER 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 adoption of a resolution. BACKGROUND: The public hearing for this appeal was originally scheduled for March 26, 2008. Because of a newspaper advertising error, the public hearing could not be held and was re-scheduled for April 23, 2008, in concurrence with Daybreak Baptist Church and Mcintosh and Associates. 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:ITRACTS\6760ICC appeel docs\6760 Appeal Admin Report - 2.doc ADMINISTRATIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: Reports ITEM: /5: (L, TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED April 9, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Report on Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) Trust Gr up Actions and Program Implementation Update RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: The purpose of this memorandum is to provide the City Council with a report on the recent actions of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) implementation Trust Group and provide an update on the progress of the program. At the Trust Group February meeting action was taken to transfer escrow support functions to city staff due to the retirement of Janice Levingston the county staff member that had been providing those support services and to terminate the contract with Steve Strait, MBHCP Trust Administrator on May 1 It and transfer those functions to city staff. The Trust Group will continue contracting with Mitch Van Wyk to provide real property acquisition services. Operation of the MBHCP historically has been divided between the City of Bakersfield and Kern County as follows: The Kern County Planning Department provided administrative support services; Kern County Property Management provided land acquisition and escrow support services; and the City of Bakersfield provided financial management services. This was the arrangement for the first nine years of the program until 2003/2004 when the county employees providing administrative support and property acquisition services retired and the Trust Group contracted directly with them upon their retirement. The Trust Group entered into contracts with Steve Strait to provide administrative support and Mitch Van Wyk. to provide property management services with escrow support service as private contractors and legal counsel to the Trust Group continuing to be provided by county staff. This arrangement had worked well the past five years until faced with additional county retirements and the need to outsource for continued support due to the county no longer being able to provide those services with existing in-house staff after retirement. With the current retirement of Janice Levingston and pending retirements of other county property management staff, the Trust Group was given three choices to handle those functions, 1. Contract with the retired employee; 2. Provide the services with city staff or; 3. Continue providing the services with county property management staff. County property management indicated to Mr. James that they could no longer provide the service. Therefore, my recommendation as the city's representative to the Trust Group was for the city to provide the services because providing these services in-house would be more cost effective and provide needed continuity of knowledge and experience in the event of future retirements. Adding another contract employee would increase program costs without providing for continuity or continuance in the event the retired employee wished to terminate the contract. April 9, 2008, 4:25PM S:\Dana\ADMINS\2008\Apr\4-23-MHCP-Report.doc ADMINISTRATIVE REPORT Both city and county staff currently provide support services to the Trust Group and have members in attendance at aU Trust Group meetings. The city has staff that has been involved with the program since its inception. Jim Movius, Planning Director was one of the key members of the group that negotiated the current MBHCP and has the same contacts and relationships with the State and Federal wildlife agencies as the existing Trust Administrator. The staff providing the support services will be under his supervision with Jennie Eng, Principal Planner being the designated Trust Administrator. At the meeting in February, the Trust Group received and reviewed a spread sheet containing information regarding the status of MBHCP acquisitions for cases for which escrow has not yet closed. The spreadsheet provided information about two types of transactions: (1) all the escrows that are currently open and in various stages of processing (seller paid, seller not paid, etc.), and (2) the escrows that have been canceled. The report revealed the following: 1. There are 101 properties in escrow for which the sellers have been paid and the state has not taken title. That accounts for approximately 4,098 acres. Based on the provisions of the plan mitigation credit is given but title has not been transferred to the State. The escrows were opened as follows: three in 2003, six in 2004 and nine in 2005 with the rest being opened in 2006 or 2007. 2. There are another 32 properties in escrow pending state approval for which no funds have been paid to the buyer and the state has not yet accepted the property for acquisition. They account for 2,233.23 acres. Some have title problems or need site cleanup to occur. 3. There is another 46 properties for which escrow has been opened but subsequently canceled primarily due to title problems. They account for approximately 3,530 acres. In order to expedite future escrows it may be necessary to consider passage of title to approved agencies or entities other than the California Department of Fish & Game (CDFG) or the U.S. Fish and Wildlife Service (USFWS), who will own and manage Habitat Management Lands in accordance with the terms of the Section 10(a) (1)(B) and 2081 Permits. The Trust Group agreed to discuss this issue and other possible options regarding future acquisitions of mitigation lands at the next meeting which is in May. The current process requires two to three years for the CDFG to take title during which time buyers have been paid, CDFG has agreed that the land is acceptable as habitat land, escrow remains open, and the Trust Group has the responsibility to pay the property taxes and maintain the property until title has been passed to CDFG. During the 14 year history of the program the Trust Group has implemented a program that has assisted the state to acquire over 16,000 acres of habitat mitigation land to compensate for urban development under the jurisdiction of the City of Bakersfield and County of Kern within Metropolitan Bakersfield. The implementation agreement requires a ratio of converted lands to acquired habitat of 1: 1. Credit is given after the Memorandum of Sale and Escrow is recorded and the seller is paid. Both of these events occur after the Trust Group receives CDFG's letter in which they indicate their agreement to accept title. According to staff's records, the program has 16,170.75 acres of mitigation credit against 20,219.94 acres of approved development. We would need to acquire approximately 4,050 acres to achieve the ratio of 1 :1. Assuming CDFG agrees to accept title to the 2,233 acres currently in escrow, the Trust Group would need to acquire another 1,717 acres to achieve a ratio of 1: 1. The city and county collect a mitigation fee which is currently $2,145 per gross acre to purchase habitat land from willing seUers. In recent years the Trust Group has considered land both inside and April 9, 2008, 4:23PM S:\Dana\ADMINS\2008\Apr\4-23-MHCP-Report.doc ADMINISTRATIVE REPORT outside the Metropolitan Bakersfield Area to keep pace with the rate of development activity. In order to maintain the desired ratio of habitat land to approved development permits it may become necessary to involve the developers of large projects in the identification and acquisition of mitigation land for their project impacts. City staff is assuming responsibility for certain Trust Group services at a critical time in the programs evolution. There are approximately six years remaining under the current implementation agreement. The program is set to expire in 2014. City and county staff are working to have a program in place that will build on the success of the current program and allow for its continuance past its scheduled termination date. Land from willing sellers is becoming harder to find and other groups are competing with the Trust Group to acquire land suitable to support the endangered plant and animal species covered by the MBHCP. These events and others previously mentioned in this report will make implementation of the program challenging over the next several years creating a need to focus on results over process. Staff will continue to keep the council updated regarding progress of the program and any changes with respect to its implementation. April 9, 2008. 4:23PM S:\Dana\ADMINS\2008\Apr\4-23-MHCP-Report.doc ~ ~ ADMINISTRA TIVE REPORT MEETING DATE: April 23, 2008 AGENDA SECTION: New Business ITEM: /7~ Q. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 17, 2008 CITY ATTORNEY CITY MANAGER 7r SUBJECT: Removal of Planning Commissioner Russell Johnson RECOMMENDATION: Council Determination BACKGROUND: Council member Weir requested that this be agendized under Municipal Code Section 2.28.030 Subsection D (attached hereto for your review) which states in part "members shall serve at the pleasure of the Council and may be removed at any time by the affirmative vote of five members of the Council". , JWS:mm 4/17/2008 11 :46 AM S:\Admin Rpts\2008\Removal of Planning Commissioner Russell Johnson 041708.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 9, 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 (seated at 5:20 p.m.), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Report on three Recreation and Park Youth Programs. Recreation and Parks Director Hoover made a staff presentation and introduced Allen Abe, Linda McVicker and Dean Jones. 4. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1) and 54957.6 Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:27 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed Session at 6:10 p.m. ACTION TAKEN APPROVED APPROVED Bakersfield, California, April 9, 2008 - Page 2 RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Pam Fine, Wesley United Methodist Church. 7. PLEDGE OF ALLEGIANCE by Tyler Potter, 5th grade student at Discovery Elementary. Mayor Hall recognized the Cal State Bakersfield government class in attendance at the meeting. 8. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1) and 54957.6 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". City Clerk McCarthy accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Corinne Coates, of the Bakersfield Association of Realtors and Tricia Richter of the Economic and Community Development of the City of Bakersfield, proclaiming April 2008 as "Fair Housing Month". Cheryl Ketchum and Tricia Richter accepted the Proclamation and made comments. ACTION TAKEN NO REPORTABLE ACTION Bakersfield, California, April 9, 2008 - Page 3 10. PUBLIC STATEMENTS a. John Enriquez, board member of Keep California Beautiful requested the Council support SB 1345, "The Volunteer Bill", and introduced Marina Monzano who made comments regarding the Keep Bakersfield Beautiful Committee and the Great American Cleanup, and invited the Mayor and Council to participate. Mayor Hall acknowledged members of the Keep Bakersfield Beautiful Committee and Bob LaRude, Kern County Parks and Recreation Director, in attendance at the meeting. Councilmember Sullivan requested the City Attorney's office prepare a Resolution in support of the bill. Councilmember Couch requested Mayor Hall prepare a letter to the State, on behalf of the City of Bakersfield supporting SB 1345. b. Takvor Takvorian spoke regarding the Westpark Freeway. c. Daniel Haining, from the City Fire Department, invited the community, Mayor and City Council to attend a fund raising breakfast for Police Officer Dennis Eddy on Sunday, April 13 at the Bakersfield Fire Fighters Association Hall. d. Ana Heydari, North High School, Paige Tucker, Ridgeview High School and Angelina Roman, Highland High School, spoke regarding the Mayor's Youth Advisory Council. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 26, 2008 Regular City Council Meeting. ACTION TAKEN Bakersfield, California, April 9, 2008 - Page 4 12. CONSENT CALENDAR continued 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. 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- 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) 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: t two zone changes from C-2/P.C.D. (Regional Commercial/Planned Commercial Development) zone to 01 zone of 5.01 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 01 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 01 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. ACTION TAKEN ASS WEIR ORD 4503 ORD 4504 Bakersfield, California, April 9, 2008 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN Resolutions: e. New Job Specification and Change to Salary Schedule: 1. Amendment No. 11 to Resolution No. 049-06 RES 049-06(11) 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 f. Purchase of Landscapeforms Decorative Benches - Mill Creek Linear Park Project 1. Resolution determining that Landscapeforms RES 055-08 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 RES 056-08 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 RO/1596 3-78 (Panama, Progress NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 12. Bakersfield, California, April 9, 2008 - Page 6 CONSENT CALENDAR continued Agreements: 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. 2. Improvement Agreement with Castle and Cooke California, Inc., for Parcel Map 10781 located north of Ming Avenue and west of Buena Vista Road. j. Assignment of Ground Lease Agreement 06-360 with Mr. Knute Johnson at the Bakersfield Municipal Airport for Hangar Space B-3. 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. 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). m. Environmental Impact Report (EIR) for GPA/ZC 05- 1420 (Bakersfield-Taft EIR) k. I. 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 EIR consultant. ACTION TAKEN AGR 08-060 AGR 08-061 AGR 07-110(1) AGR 07-192(3) AGR 06-214(1) 12. Bakersfield, California, April 9, 2008 - Page 7 CONSENT CALENDAR continued Bids: 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 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. 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. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.p., with the removal of item 12.n. for separate consideration. 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. Councilmember Couch thanked City staff, and particularly Ralph Brayboy, for contributing to this project. Motion by Councilmember Couch to approve item 12.n. ACTION TAKEN REMOVED FOR SEPARA TE CONSIDERA TION APPROVED AGR 08-062 APPROVED 13. Bakersfield, California, April 9, 2008 - Page 8 CONSENT CALENDAR HEARINGS None. 14. HEARINGS 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. Public Works Director Rojas made staff comments. Hearing opened at 7:17 p.m. No one spoke. Hearing closed at 7:17 p.m. Motion by Benham to adopt the amendment to the Resolution. 15. REPORTS a. Update status on Mill Creek Linear Park Project. Councilmember Couch announced he would excuse himself due to a conflict of interest, a client owns property in the Mill Creek Project. EDCD Director Kunz made a presentation. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham thanked Code Enforcement staff, particularly Chris Lee and Phil Burns, for handling a recent issue with the First United Methodist Church. Councilmember Benham requested staff address a citizen's concern regarding H Street business owners and provided contact information. Councilmember Benham requested Assistant to the City Manager Smiley assist in coordinating responses to various matters. ACTION TAKEN RES 276-07(1) APPROVED 18. Bakersfield, California, April 9, 2008 - Page 9 MAYOR AND COUNCIL STATEMENTS continued Councilmember Weir announced Leah Carter, the Keep Bakersfield Beautiful Committee representative from Ward 3, requested his assistance in locating elderly persons, or needy families, who would benefit from volunteer clean-up assistance and requested any suggestions be directed to the City Clerk's office. Councilmember Scrivner made reference to the passage of the Resolution supporting the Second Amendment at the last meeting, noted that Taft adopted a similar Resolution last week, Ridgecrest will address the issue next week and the Tehachapi City Council will hear the matter at the meeting of the 21st. Councilmember Carson announced the opening of the new Fire Station NO.5 on Friday, April 11, on East White Ln. and thanked Chief Fraze, EDCD Director Kunz and City Manager Tandy for their efforts in bringing the project to completion. Councilmember Sullivan requested staff fill potholes northbound on Stine Rd. at the intersection of Planz and Stine. Councilmember Sullivan requested Public Works staff analyze the feasibility of removing cement next to block walls in the area of Ashe Rd. from Stockdale Hwy. to White Ln. and filling the area with plant material and report back to her. Councilmember Sullivan complimented citizens for removing graffiti. Councilmember Hanson submitted referrals on behalf of Councilmember Couch. Vice-Mayor Hanson requested staff study the feasibility of installing a warning light before the bend on White Ln., east of the Old River Rd. intersection and report results to him. ACTION TAKEN Bakersfield, California, April 9, 2008 - Page 10 19 . ADJOURNMENT Mayor Hall adjourned the meeting at 7:42 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN