HomeMy WebLinkAbout08/20/08_CC_AGENDA _PACKET''~ ~'~ ^ BAKERSFIELD CITY COUNCIL
AGENDA
~_:,..~~~ MEETING OF AUGUST 20, 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)
WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for City v. North Kern Water Storage District, et al
(Kern County Superior Court Case No. S-1500-CV-260360-AEW/Tulare County Superior
Court Case No. 224933)
b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for John M. Tarabino, et al v. City (Kern County
Superior Court Case No. S-1500-CV-257620 SPC).
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECONVENED MEETING -approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Michael Foutz, Christ Church of the Valley.
7. PLEDGE OF ALLEGIANCE by Bailey Schwetzer, Norris Middle School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Lucas Pauliukonis, proclaiming August 20,
2008, as Lucas Pauliukonis Day.
b. Presentation by Mayor Hall of Certificate of Appreciation to Brent Rush, PG&E, for donating
$25,000 for the purchase of Public Access Automated External Defibrillators to be located at
various City facilities.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 30, 2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from July 18, 2008 to August 7, 2008 in the amount of
$24,772,253.28 and self-insurance payments from July 18, 2008 to August 7, 2008 in the
amount of $329,952.63.
12. CONSENT CALENDAR continued
Ordinances:
(Ward 7) c. First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 123-12) of the Municipal Code by changing the zoning from P (Parking) to C-2
(Regional Commercial) on 31,500 square feet located on the south side of Ming Avenue,
east of Castro Lane. (ZC 08-0224) (Applicant: McIntosh and Associates/Property Owner:
General Growth Properties, Inc.)
(Ward 4) d. First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 101-26) of the Municipal Code by changing the zoning from E (Estate) to C-2/PCD
(Regional Commercial/Planned Commercial Development) on 6.72 acres and from C-2
(Regional Commercial) to C-2/PCD on 8.28 acres located at the northwest corner of Allen
Road and Brimhall Road. (ZC 07-2041) (Applicant: Porter & Associate/Property Owner:
Lone Palm Farms)
(Ward 1,4) e. Adoption of Ordinance amending Sections 1.12.010 and 1.12.040 of the Municipal Code
by adding Annexation No. 526 consisting of 90.87 acres located on the east and west sides
of Fairfax Road, south of Redbank Road to Ward 1, Annexation No. 493 consisting of
1,813.08 acres located west of S. Allen Road, south of the Kern River and Annexation No.
574 consisting of 139.89 acres located south of Seventh Standard Road, east of Allen Road
and north of Snow Road to Ward 4. (FR 07/30/IDS)
(Ward 1) f. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 124-20) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling)
to C-2/PCD (Regional Commercial/Planned Commercial Development) on 17.5 acres
located on the northeast corner of Union Avenue and Panama Lane. (GPA/ZC 07-0761)
(Applicant: Edward Garrone/Property Owner: McKinzie Real Estate) (FR 07/30/08)
(Ward 3) g. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 103-22) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling)
and R-3 (Multiple Family Dwelling) to C-2/PCD (Regional CommerciaVPlanned Commercial
Development) on 7.69 acres located southeast of Mt. Vernon Avenue and State Route 178.
(GPA/ZC 07-1541) (Applicant: KSA Group Architects/Property Owner: Protestant Episcopal
Bishop of San Joaquin) (FR 07/30/08)
(Ward 4)* h. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 101-23) of the Municipal Code by changing the zoning from A (Agriculture) to C-O/PCD
(Professional and Administrative Office/Planned Commercial Development) on 6.2 acres
located along the north side of Rosedale Highway, generally between Allen Road and
Jenkins Road. (GPA/ZC 08-0612) (Applicant: E&R Surveying & Consulting/Property Owner:
Edward and Joseph Kosareff) (FR 07%30/08)
(Ward 4) i. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 102-29) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling)
to M-1 (Light Manufacturing) on 4.68 acres located at the southwest corner of Langley Road
and EI Toro Viejo Road (future). (GPA2C 08-0590) (Applicant: Mark J. Smith/Property
Owner: Langley World Properties, LLC) (FR 07/30/08)
(Ward 5) j. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 123-18) of the Municipal Code by changing the zoning from C-2 (Regional Commercial)
to R-1 CH (One Family Dwelling/Church Overlay) on 13.37 acres and from R-2 (Limited
Multiple Family Dwelling) to R-1 CH on 11.80 acres located north of Harris Road and east of
Buena Vista Road. (GPA/ZC 07-2271) (Applicant: Ordiz-Melby ArchitectsJProperty Owner:
St. Johns Lutheran Church of Bakersfield) (FR 07/30/08)
-upon annexation
2 City Council Meeting of 08/20/2008
12. CONSENT CALENDAR continued
(Ward 7) k. Adoption of Ordinance amending Title 17 (zone Map No. 123-28) of the Municipal Code by
changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/
Planned Commercial Development) on approximately 20 acres located at the southwest
corner of Panama Lane and Ashe Road. (GPA/ZC 06-1052) (Applicant: Maurice J.
Etchechury/Property Owner: John M. Antongiovanni Trust) (FR 07/30/08)
Resolutions:
(Ward 3) I. Resolution ordering the summary vacation of the north portion of Parcel 2 of County Road
1949 located off Church Avenue near College Park.
(Ward 4) m. Resolution ordering the summary vacation of a portion of the public access easement at
9600 Lake Victoria Drive.
(Ward 2) n. Wall-mounted Liquefied Natural Gas (LNG) Dispenser:
1. Resolution determining that the purchase and installation of awall-mounted LNG
dispenser at the Liquefied Compressed Natural Gas (LCNG) fueling station in the
City's Corporation Yard cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding therefore,
not to exceed $115,000.
2. Agreement with NorthStar, Inc. ($105,200) for the purchase and installation of the
LNG dispenser.
3. Appropriate $15,000 Refuse Fund Balance to the Public Works Department's Capital
Improvement Budget.
(ward i) o. Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 594 consisting of 49.74 acres located on the
west side of Cottonwood Road between E. Fairview Road and E. Panama Lane.
(Ward 1,2,3) p. Resolution approving application proposing proceedings for annexation of the following
uninhabited County owned territories to the City identified as Annexation No. 597:
1. Mt. Vernon Sanitation District consisting of 1557.72 acres located south of Casa
Loma Drive, east of Mt. Vernon Avenue.
2. Fairgrounds and Armory consisting of 16.51 acres located south of Belle Terrace,
west of Union Avenue.
3. Belle Terrace Park consisting of 21.12 acres located south of Belle Terrace and west
of Cottonwood Road.
4. Kern Delta Park consisting of 17.48 acres located south of Highway 58, east of
Cottonwood Road.
5. Kern Medical Center, Juvenile Hall and Heritage Park consisting of 94.52 acres
located on the west side of Mt. Vernon Avenue, south of Bernard Street.
6. County Community Services Facility consisting of 7.57 acres located at the northeast
of corner of Cottonwood Road and Belle Terrace.
7. County Sump consisting of 13,835 square feet located at the northeast corner of
Virginia Avenue and S. Williams Street.
8. County Sump consisting of 2.32 acres located at the northeast corner of Cottonwood
Road and Casa Loma Drive.
9. East Side Canal consisting of 41,746 square feet located east of Virginia Avenue,
between Lake and Kentucky Streets.
-upon annexation
3 City Council Meeting of 08/20/2008
12. CONSENT CALENDAR continued
q. Resolution authorizing an application be submitted by the Fire Department for live scan
fingerprinting.
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County Tax
Collector.
(Ward 2) s. Resolution adopting the re-designation of the National Highway System Intermodal
Connector.
t. Resolution regarding the annexation of agricultural land and opposing proposed LAFCO
policy changes.
u. Resolution setting salaries and related benefits for employees of the General Supervisory,
Police Supervisory (Non-Safety) and Management Units.
(Ward 5) v. Resolution adding Area 2-39 (Mustang Square) to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
(Ward 5) w. Resolution of Intention No. 1607 to add territory, Area TS-16 (White Lane, Buena Vista Road
SE) to the Traffic Signal Maintenance District and preliminarily adopting, confirming and
approving the Public Work Director's Report.
(Ward 4) x. Resolution of Intention No. 1612 to add territory, Area TS-17 (Calloway, Sebeck NW) to the
Traffic Signal Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
(Ward 4) y. Resolution of Intention No. 1610 to add territory, Area 1-85 (Tract 6794) to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the Public Works
Director's Report.
(Ward 5) z. Resolution of Intention No. 1611 to add territory, Area 3-79 (Panama, Gosford NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
(Ward 1) aa. Resolution of Intention No. 1615 to add territory, Area 5-52 (Fairfax, E Wilson NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Agreements:
(Ward 3) bb. Final Tract Map and Improvement Agreements with Vaughn Building Company, Inc. for Tract
6421 Phase 1 located north of Auburn Street and east of Fairfax Road.
cc. Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball (not to exceed $45,900)
to provide officiating services for City Adult Softball Program.
dd. Agreement with Environmental Systems Research Institute, Inc. - ESRI ($64,715.27) to
provide licenses and software support for server and client software.
ee. Contributions to Bakersfield Museum of Art and Bakersfield Symphony:
1. Agreement with Bakersfield Museum of Art ($27,500) for Fiscal Year 2008-09.
2. Agreement with Bakersfield Symphony ($55,000) for Fiscal Year 2008-09.
4 City Council Meeting of 08/20/2008
12. CONSENT CALENDAR continued
(Ward 4) ff. Amendment No. 1 to Agreement No. 06-363 with Bakersfield Southwest Baseball, Inc. for
construction of baseball fields at Aera Park.
(Ward 3) gg. Utility Agreement with Pacific Gas & Electric Company (estimated City share - $73,433.50)
for the permanent relocation of electrical distribution and transmission facilities that are in
conflict with the State Route 178 and Fairfax Road Interchange Project (TRIP).
(Ward 2) hh. Amendment No. 1 to Agreement No. 05-376 with State of California Department of
Transportation for the 24`h (State Route 178) Widening Project to transfer lead agency status
for the California Environmental Quality Act from the State to the City and to transfer
oversight of the National Environmental Policy Act from Federal jurisdiction to the State.
(TRIP)
(Ward 2) ii. Amendment No. 1 to Agreement No. 03-319 with ESC Enterprises granting sole and
exclusive right to operate food and beverage concession business at the Aquatic Center and
Ice Center.
(Ward 1) jj. Amendment No. 1 to Agreement No. 07-312 with PCL Industrial Services, Inc. for a ground
lease at the Bakersfield Municipal Airport, 2000 S. Union Avenue ($108,000 per year).
(Ward 6) kk. Amendment No. 1 to Agreement No. 90-279 with Nextel Spectrum Acquisition Corporation
for radio tower lease at 8101 Ashe Road.
(Ward s) II. Contract Change Order No. 1 to Agreement No. 07-307 with A-C Electric Company
($36,457; revised not to exceed $154,633.25) for traffic signal and lighting system installation
at Ming Avenue and SR 99 Southbound On-ramp.
(Ward 3) mm. Contract Change Order Nos. 6, 7 and 8 to Agreement No. 07-304 with Security Paving
Construction ($24,795; revised not to exceed $29,413,367.14) for the State Route 178 and
Fairfax Road Interchange Project (TRIP).
Bids:
(Ward 5,s) nn. Reject bids for the construction of Sewer Main Rehabilitation Project - Gosford & McCutchen
Roads to District Boulevard.
oo. Accept bid from Paradigm System Solutions, Inc. ($221,659.65) for sixty (60) replacement
touch screen toughbook computers for the Police Department.
pp. Accept bid and award annual contract to BG Promotions (not to exceed $44,688.28) for
imprinted recreation garments for the Recreation and Parks Department.
Miscellaneous:
qq. Appropriate $25,000 PG & E Grant Revenue for the Bakersfield Defibrillator Project to the
Recreation & Parks Department Operating Budget in the General Fund.
rr. Appointment of voting delegate and alternates for 2008 League of California Cities Annual
Conference.
(Ward 4) ss. Payment to National Fish and Wildlife Foundation ($64,500) for mitigation fees for Allen
Road Bridge over Kern River.
tt. Appropriate $7,000 K.N.E.T. Asset Forfeiture Revenues to the Police Department Operating
Budget within the General Fund toward the cost of equipment for the K.N. E.T. unit of the
Police Department.
uu. Appropriate $67,076 Federal Grant Revenues (Edward Byrne Memorial Discretionary Grant-
Congressionally Mandated Award the U.S. Department of Justice) to the Police Operating
Budget in the General Fund.
5 City Council Meeting of 08/20/2008
12. CONSENT CALENDAR continued
(Ward 1,2) w. Construction assistance for an affordable senior rental housing project on 18'h Street in Old
Town Kern:
1. Authorize a six month $2,000,000 loan and appropriate funds from the Equipment
Fund to the Redevelopment Agency to provide construction assistance required for
the Senior Plaza Rental Development located at 18th and 19"' Streets and to be
immediately repaid from future bond proceeds.
2. Authorize repayment of the principal amount of $785,000 and accrued interest from
the Redevelopment Agency to repay the 2006 Equipment Fund loan for the South
Mill Creek Project.
3. Transfer and appropriate $785,000 and accrued interest from the Southeast
Redevelopment Project Area Operating Fund to the Debt Service fund for the
repayment of this debt.
Staff recommends adoption of Consent Calendar items a through w.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(ward 2) a. Public Hearing to consider Resolution approving the sale of real property located at 508 18'h
Street by the Bakersfield Redevelopment Agency to Southwest Consulting, Inc. for the
development of the 19"' Street Commercial Project.
Staff recommends adoption of resolution.
(Ward 6) b. Public Hearing to consider Amendment No. 1 to Resolution No. 133-07 establishing
Underground Utility District No. 2, Division 31 (Sports Village).
Staff recommends adoption of resolution.
(Ward 2) c. Public Hearing to consider Resolution of Necessity to determine whether the public interest
and necessity require acquisition by eminent domain of a portion of property located between
Langley Road and the Cross Valley Canal, west of Mohawk Street for the Westside Parkway
project. (Property Owners: Wanamaker, et al) (Civ. Proc. Code §1240.010)
Staff recommends adoption of resolution of necessity.
15. REPORTS
16. DEFERRED BUSINESS
a. Resolution approving the Memorandum of Understanding for employees of the Blue and
White Collar Units and adopting salary schedule and benefits.
Staff recommends adoption of resolution.
b. Amendment No. 1 to Agreement with North Kern Water Storage District for water rights.
Staff recommends approval of agreement..
6 City Council Meeting of 08/20/2008
17. NEW BUSINESS
a. PG&E Gas and Electricity Franchise Renewals:
1. Resolution amending Resolution No. 008-08(1) to extend the terms of existing PG&E
franchise agreements for the use, transmission, and distribution of gas and electricity
within the City for a period of an additional 90 days (to December 18, 2008, or until
adoption of new franchise ordinances, whichever occurs first) under the existing
terms and conditions.
2. Resolution of Intention No. 1608 acknowledging the intent to grant electric franchise.
3. Resolution of Intention No. 1609 acknowledging the intent to grant gas franchise.
Staff recommends adoption of resolution and resolutions of intention.
b. Resolution providing for the appointment of City Councilmembers and cancelling the
November 4, 2008 election for Wards 2, 5 & 6.
Staff recommends Council determination..
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
Alan Tandy ~
City Manager
08/12/08 4:15pm
7 City Council Meeting of 08/20/2008
AGENDA HIGHLIGHTS
August 20, 2008 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CLOSED SESSION
There will be a conference with legal counsel regarding two cases of existing litigation and a conference with
the labor negotiator.
CONSENT CALENDAR
Ordinances
Item 12c. First Reading of Ordinance Approving a Negative Declaration and Amending the Municipal Code by
Changing the Zoning from P to C-2 on 31 500 Sguare Feet Located on the South Side of Mina Avenue. East
of Castro Lane. McIntosh and Associates, representing Valley Plaza, proposes rezoning of the parking site for
commercial development. On July 17, 2008, the Planning commission recommended adoption by the City
Council of an area smaller than originally requested. No one spoke in opposition at the public hearing. The
applicant agreed to the conditions to address traffic circulation.
Item 12d. First Reading of Ordinance Approving a Negative Declaration and Amending the Municipal Code
by Changing the Zoning from E to C-2/PCD and from C-2 to C-2/P.C.D. Located at the Northwest Corner of
Allen Road and Brimhall Road. Porter 8 Associates, representing Lone Palm Farms, proposes commercial
development of 15 acres of undeveloped property. The action will bring the zoning into conformance with
the GC (General Commercial) General Plan Land Use designation. The C-2/P.C.D. zoning requires that
prior to development, the Planning Commission approve a site plan and elevations through a Development
Plan Review. This will take place at a later date. On July 17, 2008, the Planning Commission
recommended adoption by the City Council. No one spoke in opposition at the hearing.
Agreements
Item 12ee. Agreements with 6akersfield Museum of Art t~~i,ouut ang tsaKerSTlelQ JYmDf10f1Y 1~~~,VUUI.
These agreements provide for payments pursuant to funding approved by the City Council in the FY 2008-09
budget. The terms and amounts of the agreements are the same as last year's contracts.
Items 12gg., 12hh. and 12mm. Agreements Related to the State Route 178 TRIP Proiect. The first item is a
Utility Agreement with Pacific Gas & Electric Company (PG&E) to relocate power poles and a splice box. Since
the interchange project falls within State right-of-way, the cost to relocate the equipment is split 50% to the City
and 50% to PG&E. The total relocation cost is estimated at $146,876, with the City's share at $73,433.50.
This amount will be funded by traffic impact fees.
The second item is Amendment No. 1 to Cooperative Agreement No. 05-376 with Caltrans for the 24~' Street
(SR-178) Widening Project. The amendment will transfer the California Environmental Quality Act (CEQA)
lead agency status from Caltrans to the City. In addition, the amended agreement will transfer the National
Environmental Policy Act (NEPA) oversight from the Federal Highways Administration to Caltrans. This
amendment has no fiscal impact to the City.
Bids
Item 1200. Award Contract to Paragiam SYSiem ~OIUiIOnS. Inc. Tor JIXLY RBpld(:E3fTlEifll i~u~~i ~~~vvii
Toughbook Computers for the Police Department in the amount of $221,659.65. Over 300 suppliers were
invited to bid. Six bids were received, all of which were acceptable. Staff recommends awarding the contract
to Pardigm Systems Solutions, Inc.
Miscellaneous
Item 12vv. Aareement with the Bakersfield Redevelopment Agency for construction Assistance for an
Affordable Senior Rental housing Proiect on 18 Street in Old Town Kern in the amount of $2 Million. Staff has
prepared an Owner Participation Agreement with Southwest Consulting Inc. for the development of 67 senior
rental units in a new three story structure, with a two level 80 space parking structure. The project will be
constructed on developer owned property located in the old Town Kern Pioneer Redevelopment Project Area
adjacent to the Millcreek Linear Park. The Agency has allocated its available cash reserves of $1.6 million in
the Old Town Kern Affordable Housing Fund towards its financial participation in this project, leaving a shortfall
of $2 million. The City Finance and Agency staff is in the process of preparing a tax increment bond offering
to secure redevelopment funds for various redevelopment activities. It is anticipated that the $2 million
additional funds that are needed for this project will also be secured from these bond funds. Staff will return to
Council for a report and consideration of the entire planned Redevelopment bond financing at a later date.
Staff is requesting this short term loan, at 3% annualized interest rate form the City's Equipment Fund, in order
to proceed with the Agency financial commitments for this project. Construction for this project is expected to
start no later than December 2008.
This item also contains a request to authorize repayment of $785,000 and accrued interest from the Agency to
the Equipment Fund for the South Mill Creek Project. It will involve a transfer and appropriation of this amount.
The monies were used for a proper settlement and acquisition of 1400 "Q" Street for the development of
affordable housing. There will be a Public Hearing involving this item later in the meeting.
Hearings
Item 14a. Public Hearing to Consider a Resowtion to Autnonze the ~aicersneia rceaeveiopmeni Hgency io
Sell the Real Property Located at 508 18 Street in the amount of $140.700 to Southwest Consulting. Inc.. for
the Development of the 19t Street Commercial Proiect. On November 26, 2007, the Bakersfield
Redevelopment Agency purchased the property in anticipation of future commercial development under the
Mill Creek Plan. Shortly thereafter, the adjacent property was purchased by Southwest Consulting, Inc. The
Agency approved an Exclusive Negotiation Agreement with Southwest Consulting, Inc. to develop the entire
site with two distinct projects. The first project is a four level, 41,000 square foot commercial and office space
and restaurant site adjacent to the canal. The second project is listed in more detail as Miscellaneous Item
12w., above. The two proposed projects are located in the Old Town Kern-Pioneer Redevelopment Project
Area adjacent to the Millcreek Linear Park project between 18~' and 19~' Street.
Item 14b. Public Hearing to Consider an Amendment to a Resolution Establishing Underground Utility District
No. 2. Division 31 (Sports Village). This resolution is necessary to comply with the City Municipal Code and
PG8~E Rule 20A regulations regarding underground utility districts. All overhead lines in the modified
boundaries of the district consisting of one parcel on Gosford Road and another on Ashe Road, located north
of Taft Highway, shall be removed and relocated underground.. The construction will be at no cost to the City.
Item 14c. Public Hearing to Consider Resolution of Necessity to Determine Whether the Public Interest and
Necessity Reguire Acauisition by Eminent Domain for the Westside Parkway Proiect. This project requires
acquisition of approximately 15.334 acres of property for the purpose of constructing interchanges and grade
separation for the Westside Parkway project, Rosedale Highway/Mohawk .Street Widening and Mohawk Street
Grade Separation.
Deferred Business
Item 16a. Amendment to the Aareement for use of Water Rights with North Kern Water Storage District. On
January 1, 1952, the City and North Kern Water Storage District (District) entered into an agreement
concerning the District's use of certain Kern River water rights owned by the City. The Kem River water rights
acquired by District restricted the used of water for irrigation of crops and for no other purpose or purposes. In
2004, the City of Shaffer issued a General Plan update that had an expanded sphere of influence boundary
along the north side of 7~' Standard Road. A Program Environmental Impact Report for the area, prepared by
August 20, 2008 Agenda Highlights
Page 2
Shafter, listed the water source for development within the District as water derived from the 1952 Agreement.
The City protested the EIR on the grounds that the 1952 water use was restricted.
The proposed Amendment allows District use of water for municipal and industrial purposes at a price of $311
per acre foot and periodic adjustments of the Commodity Price Index. The quantity delivered shall be reported
annually by District to the City and shall include all water delivered for municipal uses. The Amendment will
allow District to "grandfather in" on 500 acre-feet of existing municipal and industrial water uses. Execution of
the proposed Amendment will dismiss the lawsuit bled against District, Shafter and Oildale Mutual. This issue
has been outstanding for a considerable period of time. It is good to be able to bring a resolution forward!
Item 16b. Resolution ADaroving the MOU for Emolovees of the Blue and White Collar Units. The Resolution
involves athree-year agreement that was overwhelmingly ratified by the members of SEIU, Local 521. The
agreement provides for pay adjustments of 3% retroactive to December 24, 2007, 1% retroactive to July 1,
2008, 4% on December 22, 2008, and 4% on December 21, 2009. It places newly hired employees on a lower
cost pension plan, thus reducing future costs and liabilities. It also provides that spouses receive retirement
benefits in the event that an employee eligible for retirement dies. Negotiations have been long and fairly
difficult this year. We are pleased to bring forward athree-year agreement.
New Business
Item 17a. PG&E Gas and Electricity Franchise Renewals. This item involves three resolutions. The first
extends the terms of existing franchise agreements for the use, transmission, and distribution of gas and
electricity for a period of an additional 90 days (to December 18, 2008, or until adoption of the new franchise
ordinances, whichever occurs first) under the existing terms and conditions. The remaining two are
Resolutions of Intention acknowledging the intention to grant an electric franchise, and the intention to grant a
gas franchise. A public hearing will take place on September 17, 2008. The entire process, including Public
Utility Commission consideration, is expected to take eight to nine months. The modernization of the franchise
will increase the payments the City receives for use of our streets and right-of-ways, and will clarify and
improve utility relocation issues for street and highway projects.
Item 17b. Resolution Providing for the Aoaointment of City Councilmembers and Cancelling the November 4,
2008 Election for Wards 2. 5 & 6. At the close of the election nomination period on Friday, August 8, 2008, the
only candidates for each Ward were the incumbents. In accordance with Election Code §10229, the City
Council may choose to appoint the nominees and cancel the November election. This Resolution will save the
City approximately $47,000 in Kern County election fees. Although unprecedented for the City, it is not
uncommon for cities in the state to take this action. Timing to use this section of the Election Code is
extremely restrictive. Council will be required to take action and adopt the Resolution at the August 20, 2008
Council meeting.
Since there has been no precedent for this occurrence, staff has no basis for knowing how the Council views
this possibility. It is, therefore, presented without a staff recommendation.
As of this writing, rumors are circulating concerning possible legal actions concerning the election certification
list. We will keep you informed!
Approved:
Rhonda Smiley, Assistant to the City Manager / PIO /~
cc: Department Heads
City Managers File
City Clerk's Office
News Media Flle
August 20, 2008 Agenda Highlights
Page 3
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ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Closed Session
ITEM: ~; ct,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: August 12, 2008 CITY ATTORNEY
CITY
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• City of Bakersfield v. North Kern Water Storage District, et al.
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
VG:Isc
S:\COUNCIL\CI SessWdminsWe-09\8-20-08ExistLit2.doc
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ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Closed Session
ITEM: ~, b .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: August 1, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY /~
CITY MANAGER ~S.
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• John M. Tarabino, et al. v. City of Bakersfield
Kern County Superior Court Case No. S-1500-CV-257620 SPC
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ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Closed Session
ITEM: ~J-. L.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
August 1, 2008
APPROVED
CITY MANAGER
Conference with Labor Negotiator pursuant to Government Code section 54957.6.
DEPARTMENT HEAD
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CITY ATTORNEY VG
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MEETING DATE: August 20, 2008 AGENDA SECTION: Presentations
ITEM: ~', q .
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: July 25, 2008
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Presentation by Mayor Hall of Proclamation to Lucas Pauliukonis, proclaiming August 20,
2008, as "Lucas Pauliukonis Day".
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council ROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: August 6, 2008 CITY ATTORNEY
CITY MANAGER IeS
SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to PG&E (Brent Rush) for donating
$25,000 for the purchase of Public Access Automated External Defibrillators to be located
at various City facilities.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: j , ~~,
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Cler~
DATE: August 7, 2008
APPROVED
DEPARTMENT HEA h. ~~
CITY ATTORNEY
CITY MANAGER ~.S
SUBJECT: Approval of minutes of the July 30, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: / ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: August 8, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from July 18, 2008 to August 7, 2008 in the amount of
$24,772,253.28 and Self Insurance payments from July 18, 2008 to August 7, 2008 in the
amount of $329,952.63.
RECOMMENDATION:
Staff recommends approval of payments totaling $25,102,205.91.
BACKGROUND:
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August 7, 2008, 3:36PM
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MEETING DATE August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~,~,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD s'l~~
DATE: August 6, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-12) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from a P (Parking) zone to a C-2 (Regional Commercial) zone
on 31,500 square feet located on the south side of Ming Avenue, east of Castro Lane
(ZC # 08- 0224 -McIntosh and Associates representing General Growth Properties Inc.)
(Ward 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On April 17, 2008, the Planning Commission held an advertised public hearing on this zone change
request. The item was continued to the July 17, 2008 meeting, and the Planning Commission
recommended adoption by the City Council of an area smaller than originally requested. The original
zone change request consisted of changing the zoning from a P (Parking) zone to a C-2 (Regional
Commercial) zone on 4.06 acres. Planning Commission is recommending approval to re-zone on
31,500 square feet to C-2 zone. The applicant has agreed to the smaller area to be re-zoned. The site
is located in front of the main entrance on Ming Avenue to the Valley Plaza Shopping Mall. The site is
proposed for commercial development. The applicant's reason for the request is to bring the zoning into
conformance with the General Commercial General Plan Land Use designation on the subject property.
No one spoke during the public hearing. The applicant spoke and on July 17, 2008 agreed to the
conditions of approval recommended by staff. The Planning Commission recommends that the City
Council also adopt the recommended conditions. The conditions are to address traffic circulation along
Ming Avenue and in the parking lot, aesthetics, and pedestrian access.
In mid-June, the applicant amended the application and proposed the following changes to the original
proposal in response to the Planning Commission's and staffs comments. As shown in attached Exhibit
"2", the applicant amended the request as follows:
• Removal of 1 of the 2 pads along Ming. The proposed pad is located east of the pedestrian
walkway;
• Provide a deceleration lane on Ming to the Castro Lane (westerly) entrance;
August 6, 2008,11:28AM
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ADMINISTRATIVE REPORT
A pedestrian walkway with trees and benches from the Ming Avenue bus stop to
the mall entrance;
Provide a new bus shelter and trees on Ming.
The applicant has agreed to conditions to provide apedestrian-friendly corridor from the existing bus stop
on Ming Avenue to the main mall entrance. The pedestrian corridor is a 5-foot wide meandering sidewalk
with trees and landscaping on both sides of the sidewalk. Additional trees would be planted adjacent the
new bus shelter along Ming Avenue. Also, the applicant has agreed to upgrade the Ming Avenue bus stop
to connect the pedestrian comdor, provide a new covered shelter with bench, trash receptacle, additional
landscaping adjacent the bus stop including at least 5 more shade trees, security lighting, and be
handicap accessible. GETBus and the City must approve the bus stop plan prior to construction.
For purposes of orderly development, the Planning Commission recommends the boundaries of the
proposed zone change be reduced to only include the one pad along Ming Avenue (Condition No.3 8~ 4).
This would limit development to the one pad location as proposed by the applicant. If the remaining area,
such as the area now shown as parking area were re-zoned to G2, the City would have no means to limit
the number of structures in the G2 area through the Site Plan Review process. The reduction in acreage
to be re-zoned would be from 4.06 acres to approximately on 31,500 square feet. Also, the location of the
pad is to be set back from Ming Avenue, south of the existing liquid amber trees to provide visual relief
from Ming Avenue and allow future opportunity of another deceleration lane along the Ming Avenue street
frontage.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends first reading of the zone change.
August 8, 2008, 11:30AM
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ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ , d .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 31, 2008
APPROVED
DEPARTMENT HEAD C~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zoning Map No. 101-26) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from an E (Estate) zone to a C-2/P.C.D. (Regional
Commercial/Planned Commercial Development) zone on 6.72 acres, and from a C-2
(Regional Commercial) zone to a C-2/P.C.D. zone on 8.28 acres, totaling a zone change
of 15 acres to C-2/P.C.D. located at the northwest corner of Allen Road and Brimhall
Road. (ZC # 07-2041 - Porter 8~ Associates representing Lone Palm Farms) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 17, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council. The zone change request consists of changing
the zoning from an E (Estate) zone to a C-2/P.C.D. (Regional Commercial/Planned Commercial
Development) zone on 6.72 acres, and from a C-2 (Regional. Commercial) zone to a C-2/P.C.D. zone
on 8.28 acres, totaling a zone change of 15 acres to C-2/P.C.D. The reason for the request is to bring
the zoning into conformance with the GC (General Commercial) General Plan Land Use designation on
the subject property. The site is currently undeveloped. The C-2/P.C.D. zoning requires that prior to
development, the Planning Commission approve a site plan and elevations through a Development
Plan Review. The applicant has stated that Development Plan Review will take place at a later date.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
August 5, 2008, 1:50PM
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'MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ . ~? .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 31, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER l~
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections §1.12.010 and
§1.12.040 by adding Annexation No. 526 consisting of 90.87 acres, located on the east
and west side of Fairtax Road, south of Redbank Road to Ward 1, Annexation No. 493
consisting of 1,813.08 acres, located west of South Allen Road, south of the Kem River
and Annexation No. 574 consisting of 139.89 located south of Seventh Standard Road,
east of Allen Road and north of Snow Road to Ward 4. (Wards 1 & 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 30, 2008.
This ordinance amends the ward boundaries to include Annexations 526, 493 and 574 into
corresponding Council, wards. These annexations were recently approved by lAFCO.
Annexation No. 526 is located on the east and west side of Fairtax Road, south of Redbank Road.
The annexation temtory consists of 90.87 acres. The property owners requested annexation to
receive city services.
Annexation No. 493 is located west of South Allen Road and south of the Kem River. The area is
known as the West Ming project and consists of 1,813.08 acres. The property owner requested
annexation for development purposes and to receive city services.
Annexation No. 574 is located south of Seventh Standard Road, east of Allen Road and north of
Snow Road. The annexation territory consists of 139.89 acres. The property owner is proposing
single family residential development. The property owner requested annexation for development
purp9oses and to receive city services.
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: I , ~,
TO: Honorable Mayor and City Council
FROM
Stanley C. Grady, Development Services Director DEPARTMENT HEAD,
DATE: August 5, 2008
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 07-0761) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on 17.5 acres located at the northeast
corner of Union Avenue and Panama Lane. (ZC # 07-0761 -Edward Garrone,
representing McKinzie Real Estate) (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on July 30, 2008.
The proposal would allow for the development of additional commercial uses on the 17.5 acre project site.
This proposal would provide for the expansion of an existing commercial comer size and configuration that
would allow for typical commercial services such as grocery to serve the residents in the southeast portion
of Metropolitan Bakersfield.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on July 30, 2008. No one present at the hearing was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in. opposition to
the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 16, 2008, in
accordance with CEQA.
APPROVED
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 5, 2008
CITY MANAGER ~S
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 103-22) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple -Family
Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on
7.69 acres located southeast of Mount Vernon Avenue and State Route 178. (ZC # 07-
1541 - KSA Group Architects, representing Protestant Episcopal Bishop of San Joaquin)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on July 30, 2008.
The proposal would allow for the development of additional commercial uses on the 7.69 acre project site.
This project represents infill development of vacant land adjacent to State Route 178 within the East hills
Mall commercial complex. Conditions were added to ensure that the project will compatible with the
surrounding commercial center, including enhancements to both vehicular and pedestrian access. A
member of the public spoke in favor of the required sidewalk along Mall View Road which will increase the
°walkability° of the East Hills Mall commercial complex.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on July 30,.2008. No one present at the hearing was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to
the request.
Staff conducted an initial study and it was determined that the project would not have a sign cant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 25, 2008, in
accordance with CEQA.
APPROVED
DEPARTMENT HEAD .~'I~
CITY ATTORNEY
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~-
DATE: August 6, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving the Negative Declaration, amending Section
17.06.020 (Zoning Map No. 101-23) of Titte Seventeen of the Bakersfield Municipal
Code by changing the zoning from A (Agriculture Zone) to C-O/PCD (Professional and
Administrative Office/Planned Commercial Development Zone) on 6.2 acres, generally
located along the north side of Rosedale Highway, between Allen Road and Jenkins
Road. (ZC 08-0612 - E&R Surveying & Consulting, c/o Eric Sertic, representing Edward
and Joseph Kosareff) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 30, 2008.
The proposal would allow for the development of office commercial uses on the 6.2-acre site.
Surrounding properties consist of generally vacant lands that are transitioning to urban uses. However,
the general vicinity area is urbanized with County approved developments. This is an infill
development, as development completely surrounds the general area of which this project is a portion.
The area is transforming from an undeveloped County island to an area being annexed to the City and
developed. The area east of the site was recently annexed and has an approved Tentative Tract Map
(T6921).
The Planning Commission conducted a public hearing on the zone change on June 19, 2008, and
recommended approval to C-O/PCD (Professional and Administrative Office/Planned Commercial
Development) zone to the City Council. Staff and the Planning Commission have recommended the
adoption of an C-O/PCD as it is compatible with area development patterns and the planned office
commercial uses.
Neighboring property owners to the north were present and spoke at the hearing regarding access to
the north from the project site. The local street along the east side of the site will be a cul-de-sac,
therefore, no access will be allowed from the site to the existing neighborhood to the north.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 14, 2008, in
accordance with CEQA.
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: / , ;,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 31, 2008
APPR VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER RS
SUBJECT: Adoption of an Ordinance approving the Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-29) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1 (One Family Dwelling) and M-1 (Light Manufacturing)
on 4.68 acres generally located at the southwest corner of Langley Road and EI Toro
Viejo Road. (ZC 08-0590 -Mark J. Smith, representing Langley World Properties, LLC.)
(Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on July 30, 2008.
The project site is part of a 14t acre parcel which currently has multiple zoning designations. The
northern portion of the parcel is zoned M-1 (Light Manufacturing) and the southern 4.68 acres of the
parcel (the project site) is zoned R-1 (One Family Dwelling). The property owner has no development
plans for the site at this time.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on June 19, 2008, and recommended approval to the City Council. There was one member from the
public who spoke in opposition to the project. Dave Dmohowski, representing Bakersfield Commons,
LLC, stated that his client's property abuts the project site to the south and east, and they feel the M-1
zone will be incompatible with their project. Mr. Dmohowski further stated that his client would not be
opposed to the zone change if the property owner would agree to restrict certain uses that are
permitted by right in the M-1 zone district.. Staff explained that the current application should be
evaluated based on the surrounding, existing land use designations. Placing restrictions on this project
would be treating this project differently from the other M-1 zoned properties in the area. Staff further
noted that the Bakersfield Commons project is proposing commercial and residential development
closer to both M-2 and M-3 zoned lands (P.G. &E. plant and Big West Refinery, respectively). Both of
these zones allow much more intense industrial uses than the proposed M-1 zone. The Planning
Commission agreed with staffs recommendation and voted to approve the project.
Staff conducted an initial study and it was determined that the project would not have a sign cant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 20, 2008, in
accordance with CEQA.
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 a .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 4, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER /~
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-18) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from C-2 (Regional Commercial) to R-1 CH (One Family
Dwelling/Church Overlay) on 13.37 acres and from R-2 (Limited Multiple Family
Dwelling) to R-1 CH (One Family Dwelling/Church Overlay) on 11.80 acres, generally
located north of Harris Road and east of Buena Vista Road. (ZC 07-2271 - Ordiz-Melby
Architects) (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 30, 200$.
The project site is within a single parcel consisting of 33.82 acres with multiple land use/zones in place.
There are now plans to build a chapel and sanctuary on the 25.17 t acre site by St. Johns Lutheran
Church. The sanctuary will seat 1000 and the chapel will have a maximum capacity of 300.
The GPA/ZC will consolidate the entire parcel into the R-1 CH (One Family Dwelling/Church Overlay)
zone. There are several structures on site permitted by CUP # 03-1569 approved in 2004. The overall
church complex is currently composed of a school, children center, ministry center, and administration
building. It was a condition of approval of this CUP to require a GPA/ZC to LR and R1-CH prior to any
expansion of church related facility within the area zoned C-2 or R-2. The project is in an area
characterized by rapid growth and development within the City of Bakersfield. Currently, the only
access to the site is via Buena Vista Road. Access to the east on Ash Holloway Street will be provided
in a manner to permit access to the existing residential area at the discretion of the church.
The Planning Commission conducted a public hearing on this GPA/Zone Change on June 19, 2008,
and recommended approval to the City Council.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 23, 2008 in
accordance with CEQA.
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 1, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Dr
CITY MANAGER F~
SUBJECT: Adoption of an ordinance approving the Environmental Impact Report, amending Title
17 of the Municipal Code and Zoning Map No. 123-28 from R-1 (One Family Dwelling)
to C-2/PCD (Regional Commercial/Planned Commercial Development) on
approximately 20 acres. (Zone Change 06-1052 -Maurice J. Etchechury) (Ward 7).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 30, 2008.
The subject property is approximately 20 acres located in southwestern Bakersfield at the southwest
comer of Panama Lane and Ashe Road. The project will include approximately 137,609 square feet
of leasable retail space. The proposed site plan consists of seven buildings that would include two
major tenants (currently proposed as WinCo Foods grocery store and a pharmacy with drive-thru
services), three restaurant drive-thru tenants, and two retail commercial buildings.
The public hearing was opened on May 21, 2008. Due to comments and public testimony submitted
by John Farrow, M.R. Wolf 8~ Associates, P.C. challenging. the adequacy of the EIR prepared for the
project and the City General Plan, the project was continued to the next GPA cycle hearing. Staff has
prepared a response to the comments, which were part of the backup materials of the July 30, 2008
Administrative Report. The Final EIR document was previously provided to Council Members for the
May 21, 2008 hearing, a copy of the EIR can be found on file at the City Clerk's office.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 20, 2008, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project.
The CEQA requirements have been followed by staff and the Planning Commission for the project.
Staff conducted an initial study and it was determined that the project could have a significant
environment effect. Therefore, in accordance with CEQA, an environmental impact report- was
prepared. The Final EIR was certified by the City Council on July 30, 2008.
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ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ja . ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 4, 2008
CITY MANAGER ~S
Resolution ordering the summary vacation of the North portion of Parcel 2 of County Road
1949, located off Church Avenue near College Park. (VNard 3)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY~~C;~L~'
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Kern County, General Services Division, has submitted a request to vacate the above mentioned North
portion of Parcel 2 of County Road 1949.
This road is being used by the County for ingress and egress from the County Communications Center.
Public use of this road for parking has became a problem and will become more of an issue as the use of
this location will be expanded in the future. Thus, the future extension of County Road 1949 is not needed
due to the current Metropolitan Bakersfield General Plan Circulation Element which does not account for
the extension of the county road beyond Church Avenue.
The North portion of Parcel 2 of County Road 1949 is eligible for summary vacation per Section 8334 of
the Streets and Highways Code which authorizes the City Council to summarily vacate a street excess
right of way of a street which is not required for street purposes.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no objection as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on June 27, 2008 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government
Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEG~A guidelines (Categorical Exemption), because there is no
possibility that the action may have a significant effect on the environment.
rs
7/3/08
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 12, 2008
Resolution ordering the summary vacation of a portion of the public access easement at
9600 Lake Victoria Drive. (Ward 4)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~.S
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Porter and Associates, INC. have submitted a request to vacate the above mentioned vacation of a
portion of the public access easement at 9600 Lake Victoria Drive.
Otti the preliminary designs for Tract 6048 and 6023 Phase 2, City staff requested connectivity between
the two tracts to keep all of the traffic in Tract 6048 from going out through Riverlakes Drive to Olive
Drive. Parcel Map 10557 covering this area was recorded first which included the road easement
connecting the two tracts. The developers' of Tract 6048 decided to develop the tract as a private
subdivision with no connection to the west, Tract 6023 Phase 2. A portion of the remaining road
easement was to remain as emergency access with the excess road easement, that portion within 9600
Lake Victoria Drive, to be vacated by Tract 6023 Phase 2 final map. Tract 6023 Phase 2 final map did
not include the required information needed to vacate the excess road easement by the map. When
the owner of 9600 Lake Victoria Drive called requesting the remaining emergency access be cleaned, it
came into staff's attention that the abandonment of the excess road easement did not occur.
The north half of the access easement was never vacated and lies within the boundary of Lot 60 of
Tract No. 6023 Phase 2.
The portion of the access easement within the boundary of Lot 60 of Tract No. 6023 Phase 2 is eligible
for summary vacation per Section 8334 of the Streets and Highways Code, which authorizes the City
Council to summarily vacate excess right of way which is not required for street purposes.
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 are no City storm drain facilities in the vacating area. However, there is a
sewer easement dedicated per Tract Map No. 6023, Phase 2, which will remain.
The utility companies serving the area have been notified by mail. There has been no objection as of
the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the
date of this report.
PW Subdivisions (rs) - 8/13/2008 10:25:23 AM
G:\GROUPDATWDMINRPT\2008\08-20Wdmin_summary vacation of a portion of Public Access Easement.doc
ADMINISTRATIVE REPORT
The proposed vacation was approved by the Planning Department on July 31, 2008 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government
Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental
Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (Categorical Exemption), because
there is no possibility that the action may have a significant effect on the environment.
PW Subdivisions (rs) - 8113/2008 10:25:23 AM
G:\GROUPDATWDMINRPT\2008\08-20Wdmin_summary vacation of a portion of Public Access Easement.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: j a, ,
TO: Honorable Mayor and City Council AP OVED
~•
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 7, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Purchase and Installation of Wall-Mounted Liquefied Natural Gas (LNG) Dispenser at the
Corporation Yard's Fueling Station (Ward 2):
1. Resolution determining that the purchase and installation of awall-mounted LNG
dispenser at the Liquefied Compressed Natural Gas (LCNG) fueling station in the City's
Corporation Yard cannot be reasonably obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding therefore, not to exceed
$115,000.
2. Agreement with NorthStar, Inc. ($105,200) for the purchase and installation of the LNG
dispenser.
3. Appropriate $15,000 Refuse Fund Balance to the Public Works Department's Capital
Improvement Budget.
RECOMMENDATION: Staff recommends adoption of resolution, and approval of agreement and
appropriation.
BACKGROUND: The existing Liquefied Compressed Natural Gas (LCNG) Fueling Station at the City's
Corporation Yard was constructed in 2003. It has one Compressed Natural Gas (CNG) dispenser and
one Liquefied Natural Gas (LNG) dispenser.
This project provides for a second LNG dispenser which will enhance fueling operations of the City's large
vehicular fleet, including refuse hauling trucks. In addition, private trash haulers purchase natural gas fuel
from the City's LCNG Fueling Station. The City is reimbursed for the fuel used by the private trash
haulers.
The existing fueling station was constructed by NorthStar, Inc., and was designed with provisions for the
installation of a future dispenser of either type of fuel. City staff is trained in the operations and
maintenance of this equipment. This new fuel dispenser will be compatible with the original system
Therefore, the City will realize operational efficiencies by using the same vendor and equipment type.
Staff recommends the Sole Source Resolution contain a not to exceed amount of $115,000. The
proposed agreement with the Contractor is for $105,200. The additional amount is needed for potential
change orders and other miscellaneous costs associated with this project.
Additional funds of $15,000 are needed for this project. The recommended funding source for this
appropriation is the Refuse Fund since the second LNG dispenser will be used predominantly for refuse
hauling vehicles. This is consistent with the original funding source for this project.
cmw/pw
August 7, 2008, 10:25AM P8K104
G:\GROUPDATWDMINRPT\2008\08-20\LCNG add disp.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 15, 2008
APPROVED
DEPARTMENT HEAD 5'L'
CITY ATTORNEY Q_
CITY MANAGER ~-J
SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 594 consisting of 49.74 acres, located
on the west side of Cottonwood Road, between East Fairview Road and East Panama
Lane. (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. 594 consisting of 49.74 acres, located on the west side of
Cottonwood Road, between East Fairview Road and East Panama Lane.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The
property owner has consented to annexation. The proposal is to annex the land for development
purposes and 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
Kem. 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:\Mnexation\Res of ApplicWdmin Draft 594.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 15, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Resolution approving application proposing proceedings for annexation of multiple,
uninhabited County owned territories to the City identified as Annexation No. 597.
(Wards 1, 2 8~ 3)
1. Mount Vernon Sanitation District, consisting of 1557.72 acres, located south of Casa
Loma Drive, east of Mount Vernon Avenue. (Ward 1)
2. Fairgrounds and Armory, consisting of 160.51 acres, located south of Belle Terrace,
west of Union Avenue. (Ward 1)
3. Belle Terrace Park, consisting of 21.12 acres, located south of Belle Terrace and
west of Cottonwood Road. (Ward 1)
4. Kern Delta Park, consisting of 17.48 acres, located south of Highway 58, east of
Cottonwood Road. (Ward 1)
5. Kern Medical Center, Juvenile Hall and Heritage Park, consisting of 94.52 acres,
located on the west side of Mount Vernon Avenue, south of Bernard Street. (Ward
3)
6. County Community Services Facility, consisting of 7.57 acres, located at the
northeast corner of Cottonwood Road and Belle Terrace. (Ward 1)
7. County sump, consisting of 13,835 square feet, located at the northeast comer of
Virginia Avenue and South Williams Street. (Ward 1)
8. County sump, consisting of 2.32 acres, located at the northeast comer of
Cottonwood Road and Casa Loma Drive. (Ward 1)
9. East Side Canal, consisting of 41,746 square feet, located east of Virginia Avenue,
between Lake Street and Kentucky Street. (VNard 2)
RECOMMENDATION:
Staff recommends adoption of the resolution.
ADMINISTRATIVE REPORT Paget
BACKGROUND:
The resolution of application proposes proceedings for annexation of multiple, uninhabited County
territories to the City of Bakersfield identified as Annexation No. 597. The annexation territory consists
of 9 separate County owned properties located adjacent to the City of Bakersfield and within
Supervisorial District No. 5. Included in the annexation territory is the following property:
County property no. 1, known as the Mount Vernon Sanitation District (this area is developed with the
Kern County Treatment Facility), consisting of 1557.72 acres, located south of Casa Loma Drive, east
of Mount Vernon Avenue;
County property no. 2, the Kern County Fairgrounds and Armory facility, consisting of 160.51 acres,
located south of Belle Terrace, west of Union Avenue;
County property no. 3, Belle Terrace Park, consisting of 21.12 acres, located south of Belle Terrace
and west of Cottonwood Road;
County property no. 4, the Kern Delta Park, consisting of 17.48 acres, located south of Highway 58,
east of Cottonwood Road;
County property no. 5, includes Kem Medical Center, Juvenile Hall and Heritage Park, consisting of
94.52 acres, located on the west side of Mount Vernon Avenue, south of Bernard Street;
County property no. 6, County Community Services facility, consisting of 7.57 acres, located at the
northeast comer of Cottonwood Road and Belle Terrace;
County property no. 7, a sump, consisting of 13,835 square feet, located at the northeast comer of
Virginia Avenue and South Williams Street;
County property no. 8, a sump, consisting of 2.32 acres. located at the northeast corner of Cottonwood
Road and Casa Loma Drive; and
County property no. 9, known as the East Side Canal, consisting of 41,746 square feet, located east of
Virginia Avenue, between Lake Street and Kentucky Street.
The annexation territories are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The County of Kern has consented to annexation. The proposals are to annex the land 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
Kem. 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:Wnnexatlon~F2es of ApplicWdmin Draft 597.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ . ,
TO: Honorable Mayor and City Council
FROM: Ron Fraze, Fire Chief
DATE: August 7, 2008
SUBJECT: Resolution authorizing an application to be
Department for live scan fingerprinting
ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
submitted by the Bakersfield City Fire
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The application for live scan fingerprinting authorizes the City to access state and federal criminal history
information for employment, licensing, or certification purposes; however the information may not be
shared with a private entity. Further, the City shall not consider a person who has been convicted of a
felony or misdemeanor involving moral turpitude eligible for employment unless mitigating circumstances
exist.
The City has previously had access to the database via an unauthorized ORI number (Originating Agency
Indentifier). This is the number assigned by DOJ (Department of Justice) to identify authorized users. We
were previously using Kem County Fire Department's ORI number. The City Fire Department needs its
own ORI in order to proceed with the fingerprinting of our future applicants.
The Bakersfield Police Department, for example, has its own ORI number. They, however, cannot share
the information they receive on our applicants due to legal issues. The DOJ, for its purposes, does not
view the Bakersfield Police Department and the Bakersfield Fire Department to be part of the same entity.
In order for the Fire Department to continue receiving information from the DOJ, a Resolution from the City
Council is necessary.
We will not be purchasing any equipment; we can use fingerprint scanners from other agencies, however,
the ORI number must be self-identifying.
August 12, 2008, 11:50AM
S:~SUSAMAdmin Report WordWvescan fingerprinting.dot
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent
ITEM (~..
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 1, 2008
SUBJECT: Property Abatements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on August 11, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 5519 Casa Bonita Drive 173-570-55 $ 487.50
2. 3516 Home Street 172-091-31 $ 1,000.00
3. 5505 La Pinta Maria Drive 173-570-25 $ 487.50
4. 912 P Street 009-171-04 $ 399.00
5. 323 T Street 010-064-03 $ 399.00
August 4, 2008, 8:45AM
S:\DanaWDMINS12008Wug\&20-Property Abatement - C_E.doc
ADMINISTRATIVE REPORT
Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Counclmember Irma Carson
6. 212 E. Terrace Way 169-10420 $ 1,225.00
7. 915 Watts Drive 170-132-09 $ 800.00
8. 5115 Yellow Rose Court 412-262-07 $ 675.00
9. 431 4~' Street 010-061-01 $ 444.00
10. 122 E. 7~' Street 139-192-19 $ 439.00
11. 513 E. 10"' Street 139-111-04 $ 849.00
Ward 2lCounclmember Sue Benham
12. 25 Cypress Street 008-073-08 $ 397.00
13. 1320 Dolores Street 017-330-16 $ 700.00
14. 329 H Street 008-292-05 $ 498.00
15. 3525 Jewett Avenue 120-130-02 $ 545.00
16. 3815 K Street 120-060-OS $ 500.00
17. 1324 Lake Street 015-320-16 $ 945.00
18. 3530 M Street 120-130-23 $ 494.00
19. 327 Monterey Street 014-170-08 $ 1,099.00
20. 1807 Orange Street 007-192-15 $ 544.00
21. 1206 Oregon Street 015-100-15 $ 675.00
22. 1212 Oregon Street 015-100-13 $ 775.00
23. 6008 Poso Court 331-133-03 $ 599.00
24. 1831 1'` Street 008-343-01 $ 850.00
25. 1901 3`~ Street 008-31409 $ 674.00
26. 1811 20~' Street 003-362-03 $ 1,299.00
27. 530 30"' Street 002-082-15 $ 690.00
Ward 31Councilmember Ken Weir
28. 3512 Amherst Street 021-311-10 $ 525.00
29. 3712 Harmony Drive 382-241-14 $ 495.00
30. 3507 Redlands Drive 383-271-10 $ 594.00
rd 4/CouncilmembQr David Couch
31. 11419 Equinox Avenue 465-381-09 $ 475.00
32. 12122 Hill Country Drive 528-442-13 $ 650.00
33. 1455 Jewetta Avenue 496-020-04 $ 1,274.00
34. 12509 Knights Bridge Place 528-192-13 $ 600.00
35. 12518 Reina Road 528-433-13 $ 600.00
August 4, 2008, 8:48AM
S:\DanaWDMINS12008Wug\8-20-Property Abatement - C_E.doc
ADMINISTRATIVE REPORT
Page 3 of 3
PROPERTY LOCATION APN COST
Ward 5/Councilmember Harold Hanson
36. 4203 Boulder Pass Drive 394-521-28 $ 574.00
37. 10717 Desert View Place 394-522-18 $ 539.00
38. 9903 Marby Grange Way 500-124-01 $ 500.00
39. 10501 Mount Pleasant Drive 497-193-31 $ 575.00
40. 10723 Sunset Ranch Drive 497-233-01 $ 550.00
Ward 6/Coucilmember Jacauie Sullivan
41. 5102 Hartwick Court 499-202-10 $ 425.00
42. 3404 Stanwood Lane 403-051-16 $ 399.00
Ward 7/Councilmember Zack Scrivner
43. 1016 Baldwin Farms Drive 516-151-04 $ 800.00
44. 4704 Beehan Street 171-190-26 $ 675.00
45. 8709 Brannock Court 514-171-20 $ 494.00
46. 4504 Brunswick Street 171-161-02 $ 650.00
47. 4608 Chadbourn Street 171-170-13 $ 475.00
48. 5809 Chester W. Nimitz 372-183-08 $ 800.00
49. 4917 Elysium Street 372-032-05 $ 300.00
50. 7727 Genivieve Street 516-422-12 $ 399.00
51. 4604 Noella Road 515-251-42 $ 800.00
52. 7704 Quest Street 516-422-06 $ 739.00
53. 6915 Whisenant Street 516-411-05 $ 675.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
August 4, 2008, 8:48AM
S:\DanaWDMINS\2008Wug\8-20-Properly Abatement - C_E.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ . 5 ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: August 8, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Sgt
CITY MANAGER
SUBJECT: Resolution adopting the re-designation of the National Highway System Intermodal
Connector (NHS). (VNard 2)
RECOMMENDATION: Staff recommends approval of Resolution.
BACKGROUND: The purpose of the Intermodal Connector is to provide access to the Greyhound bus
station and old Amtrak train station. The Amtrak train station was relocated on July 2000 from 1501 "F"
'Street to 601 Truxtun Avenue, therefore; the existing route no longer serves its purpose to provide access
to the Amtrak station. In addition, "F' Street railroad crossing was closed when the Amtrak Station was
relocated. The portion of "F' Street from the railroad crossing to California Avenue was vacated as a
public street on September 23, 1998 per City of Bakersfield Resolution No. 141-98.
The re-designation of the Intermodal Connector will start at SR-99 travel east on California Avenue, north
on "H" Street, west on 18"' Street, to finally arrive at the Greyhound bus station at the corner of 18"' and
"F' Street. The re-designation for the Amtrak train station will also start at SR-99, east on California
Avenue, north on "Q" Street, east on Truxtun Avenue to arrive at 601 Truxtun Avenue.
Based on a review, our CITY Engineers have concluded that the Intermodal Connector re-designation be
approved and adopted.
August 8, 2008, 12:03PM
G:\GROUPDAIIADMI NRPT12008\08-20W HS.doc
A
u
ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~.t,
TO: Honorable Mayor and City Council APPROVED
FROM: Rick Kirkwood, Management Assistant
DATE: August 7, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGE
SUBJECT: A Resolution of the Council of the City of Bakersfield Regarding
Agricultural Land and Opposing Proposed LAFCo Policy Changes.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The LAFCo Agricultural Advisory Committee will be recommending that LAFCo
amend its Agricultural Land Conversion Policy at its August 27, 2008 meeting. The Committee is
recommending LAFCo require cities to: (a) provide housing needs assessments; (b) use the Land
Evaluation and Site Assessment (LESA) model for assessment of the conversion of agricultural land to
urban uses; and, (c) obtain a Notice of Tentative Cancellation of Williamson Act contracts from the
County of Kern (where applicable) for agricultural lands proposed for annexation. It is important to
clarify that these requirements will only be imposed on cities and not on Special Districts or the County
of Kern. These requirements would need to be satisfied before LAFCo will consider any application
which has not yet been scheduled for a hearing.
Staff met with the City Managers and Planning staff from Delano, McFarland, Shaffer, and Taft. Each
of these cities is opposed to the Committee's recommendation for the following reasons:
• The General Plan contains a housing needs assessment in the Housing Element.
• The General Plan specifies the methodology used by the City and County of Kem to determine
the appropriateness of agricultural conversion, which is different than the LESA model.
• Cities currently possess the responsibility to manage Williamson Act Contracts under their
jurisdiction, including the right to cancel the contracts. Requiring the County to provide a
Notice of Tentative Cancellation will remove local land use authority and could result in conflict
between cities and the County should the County decide it does not want a contract to be
cancelled.
The ultimate result of the Committee's recommendation will be the creation of islands, peninsulas and
sprawl by blocking concentric and orderly growth within cities which would be contrary to LAFCo's
stated mission pursuant to state law. Information contained in the General Plan can be made available
to LAFCo upon request.
August 7, 2008, 4:41 PM
S:\Rick KirkwoodWdmin Reports\2008Wg Comm Rec Admin Report - 080708.doc
RK
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: l a.. tt .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manager
August 3, 2008
CITY ATTORNEY ~b
CITY MANAGER
A Resolution Setting Salaries and Related Benefits for Employees f t e General
Supervisory, Police Supervisory (Non-Safety) and Management Units.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Management and Supervisory Units Resolutions have traditionally mirrored the SEIU settlement and
this resolution proposes continuing that practice. The proposed Resolution for the Management and
Supervisory Units is attached. The following is a summary of significant items that are recommended for
approval.
1. Three year Resolution from January 1, 2008 to December 31, 2010.
2. Salary increases:
a. 3% effective December 24, 2007
b. 1 % effective July 7, 2008
c. 4% effective December 22, 2008
d. 4% effective December 21, 2009
3. Employees hired subsequent to approval of the Resolution and the finalized agreement with PERS
will receive a retirement benefit of 2.7% at 55 based on the average of the highest 3 years of
earnings. This change is in alignment with Council Goals in that it reduces future pension liabilities
by lessening the retirement benefit for newly hired employees from the current 3% at 60 based on
the highest year of earnings.
4. PERS Option 2 Death Benefit will be provided as soon as can be administratively initiated. This will
provide spouses or registered domestic partners a retirement benefit in the event an employee
eligible for retirement dies.
DEPARTMENT HEAD
APPROVED
Page 1
August 7, 2008, 2:27PM
S:\Admin Rpts\2008WDM REPORT - GENERAL SUPV & MGMT AGREEMENT 2008.doc
ADMINISTRATIVE REPORT
5. As members of the Insurance Committee the Management and Supervisory Units will participate
as part of the Insurance Committee in reviewing alternate benefit insurance plans such as PERS,
SISC or others. For January 1, 2009 to December 31, 2009 the 80%/20% premium split on health
care cost shall remain in effect, with a collective cap of 10% total for premium increases on all
plans. Any premium increases above the collective 10% cap shall be fully covered by the
employees. Unless an alternative agreement has been reached, any changes to plan coverage for
2010, shall revert to the existing process whereby the City will meet with the Insurance Committee.
Page 2
August 7, 2008, 2:27PM
S:Wdmin Rpts~2008WDM REPORT -GENERAL SUPV & MGMT AGREEMENT 2008.doc
A (~
OF~N UR,7 V
° ADMINISTRATIVE REPORT
LIFO
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~.y,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 6, 2008
APPROVED
DEPARTMENT HEAD ~`~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding Area 2-39 (Mustang Square) to the Consolidated Maintenance District
and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 5)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On July 30, 2008 the Council adopted Resolution of Intention No. 1606 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 and/or
street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned
the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owners of the property described above which waive
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have
submitted Proposition 218 ballots indicating their consent to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision maps.
ps
G:\GROUPDAT\ADMINRPT\2008\08-20\MD 2-39 ResolutionAdmin.doc
A
~~ yw +,
ADMINISTRATIVE REPORT
~ ~,r
1
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 a. , w,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Resolution of Intention No. 1607 to add territory, Area TS-16 (White Lane, Buena Vista
Road SE) to the Traffic Signal Maintenance District and preliminarily adopting, confirming
and approving the Public Works Director's Report. (Ward 5)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Traffic Signal Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Traffic Signal Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Traffic Signal Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Traffic Signal Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the Traffic
Signal Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
S:\PROJECTS\MAINDIST\Fonmation Documents\TS-16\ROI AdminReport.doc
OF yw~ +(
~ ~
ADMINISTRATIVE REPORT
~o
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: I ~ .
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 1, 2008
APPROVED
~'' .~,.
DEPARTMENT HEAD
CITY ATTORNEY Q~.
CITY MANAGER F~
SUBJECT: Resolution of Intention No. 1612 to add territory, Area TS-17 (Calloway, Sebeck NW) to the
Traffic Signal Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Traffic Signal Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Traffic Signal Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Traffic Signal Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Traffic Signal Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the Traffic
Signal Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
S:\PROJECTS\MAINDIST\Formation Documents\TS-17\ROI AdminReport.doc
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ADMINISTRATIVE REPORT
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1
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: j ~,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 1, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Resolution of Intention No. 1610 to add territory, Area 1-85 (Tract 6794) to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the Public Works
Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
S:\PROJECTS\MAINDIST\Formation Documents\MD 1-85\ROI AdminReport.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ a, Z,,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 1, 2008
APP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1611 to add territory, Area 3-79 (Panama, Gosford NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report. (Ward 5)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
S:\PROJECTS\MAINDIST\Formation DocumentsVND 3-79\ROI AdminReport.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~. ~~.,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 1, 2008
APPROVED
~ ~~
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1615 to add territory, Area 5-52 (Fairfax, E Wilson NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report. (Ward 1)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
S:~PROJECTSVvfAINDIST~Formation DocumentsUvlD 5-52~R01 AdminReport.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ , ~ ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: August 1, 2008
PPROVED
DEPARTMENT HEAD ~ \_
CITY ATTORNEY
CITY MANAGER /~
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Vaughn Building Company Inc., for
Tract 6421 Phase 1 located north of Auburn Street and east of Fairfax Road.
(Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
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August 1, 2008, 1:13PM
G:\GROUPDAT'WDMINRPT12008\OS-20\Map and Improvement AGR T6421-1.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ a, . CC .
TO:
FROM
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER BPS
DATE: July 18, 2008
SUBJECT: Agreement with Rick Maharrey dba Kem County Slow-Pitch Softball for officiating services
for the city adult softball program in an amount not to exceed $45,900.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City requires sports officiating services for its city-wide softball program, which has three seasons
during the fiscal year. This agreement with Kem County Slow-Pitch Softball is to provide one umpire per
game for all three seasons of men's slow-pitch, co-recreational slow-pitch, playoff, and tournament softball
games. Kem County Slow-Pitch Softball is paid $18.00 per game with the total not to exceed $45,000.00.
This agreement also calls for Mr. Maharrey to evaluate and place city teams in the respective divisions for
league play in the amount of $300 per seasoNleague with the total amount not to exceed $900.
The City Adult Softball Program generates approximately $140,000 in revenue annually. The total
agreement does not exceed $45,900.
July 29, 2008, 3:15PM:tge
S:\RECREATION DIVISION\Sports\Contracts\2008 ContradsUCem Slo-Pitch Officials Admin 08.doc
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° ADMINISTRATIVE REPORT
'~ IFO
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: i ~ . ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
August 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~~
CITY MANAGER
License Agreement with Environmental Systems Research Institute, Inc.,(ESRI), to provide
Licenses and Software Support for server and client software in the amount of $64,715.27.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: The City has used ESRI software for GIS since 2000. As Geographic Information
Systems (GIS) have grown over the years, we have increased our licenses for ESRI software and
maintenance. Last year Information Technology negotiated a onetime discount which reduced our yearly
maintenance to from $58,840.88 to $42,678.13. This year the license maintenance cost has risen to
$64,715.27 due to additional software purchases throughout City departments over the last year. This
agreement covers server and desktop software that is used for producing maps, maintaining Ward
boundaries, parcel lines, etc. This amount is available in the Information Technology operating budget.
Ontt
ADMINISTRATIVE REPORT
Y .
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
APPROVED
FROM: John W. Stinson, Assistant City Manager .DEPARTMENT HEAD
DATE: August 7, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contribution Agreements with Bakersfield Museum of Art and Bakersfield Sy phony
Contribution Agreement with the Bakersfield Museum of Art in the amount of
$27,500 for Fiscal Year 2008-09.
2. Contribution Agreement with the Bakersfield Symphony in the amount of $55,000
for Fiscal Year 2008-09.
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND: These agreements provide for payments to the Bakersfield Museum of Art and the
Bakersfield Symphony pursuant to funding approved by the City Council in the FY 2008-09 budget.
The contribution to the Museum of Art in the amount of $27,500 is in support of its visual arts outreach
through the Art Smart program; to expand the Museum on the Move mobile museum; for Senior
Wednesday programs; and, for the development of a new program for high school art students similar
to the successful Youth Leadership Bakersfield program. The contribution to the Symphony in the
amount of $55,000 is for its use of the Rabobank Theater or Bright House Amphitheater for concerts.
The agreement terms are the same as last year's contracts. The amount of these contracts are the
same as last year's contributions.
The City has made previous contributions to the Museum of Art and the Symphony and these groups
were included in the Council policy regarding requests for financial assistance, as organizations that
had an ongoing relationship with the City and could be considered for funding as part of the City budget
process, based on available funding and subject to City Council review and approval. Staff has met
with representatives of both groups and recommends approval of the agreements.
August 7, 2008, 1:58PM
S:\08-09BUDPROWgreementsWluseum and Symphony Agreements 08-09.doc
JVNS:rk
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~a-,~.~.
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover DEPARTMENT HEAD ~C.,_~"
Recreation & Parks Department
DATE: August 6, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 06-363 with Bakersfield Southwest B eball, Inc. for
Construction of Baseball Fields at Aera Park(VNard 4).
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On November 29, 2006, the City and Bakersfield Southwest Baseball, Inc. (BSWB) entered into an
agreement whereby each party agreed to construct certain improvements for the park and baseball
complex (Aera Park) to be built at the comer of Jewetta and Stockdale Highway.
The proposed amendment would provide that BSWB will construct a combination restroom/concession
building and two (2) storage buildings. The City will construct the irrigation facilities necessary to irrigate
the baseball fields and underground utility infrastructure for the park.
The remaining construction obligations would remain as stated in the original agreement: the City will
construct an entry road, landscaping along Jewetta Avenue, an equestrian staging area, trash bin and
parking lot. BSWB will construct a minimum eight (8) baseball fields, lighting for a maximum of three (3)
baseball fields, security lighting and spectator stands. BSWB will maintain the facilities to City
maintenance standards.
August 11, 2008, 1:22PM
S:WDMINISTRATION DNISIONWdmin Rpts12008 Admins\Construdion w Bakersfield Southwest Baseball ADMINFORM.dot
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F~,~oVOa~r Rs
~~ ADMINISTRATIVE REPORT
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IFO
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: (~, ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 5, 2008
APPROVED
r
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /~
SUBJECT: Utility Agreement with Pacific Gas & Electric Company (total estimated project cost of
$146,867.00 of which City's share is 50%) for the permanent relocation of electrical
distribution and transmission facilities that are in conflict with the State Route 178 and
Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: To facilitate the construction of the interchange along State Route (SR) 178 at
Fairfax Road, Pacific Gas and Electric Company (PG8~E) must relocate power poles and a splice box.
PG8~E owns and maintains electrical distribution and transmission facilities within the limits of this
project.
Since the interchange project falls within State right-of-way, the power poles and splice box will be
relocated at 50% City expense and 50% PG&E expense in accordance with Section 5(c) of the
Freeway Master Contract dated November 1, 2004 between PG&E and Caltrans.
The total relocation costs are estimated to be $146,867. Therefore, the estimate for the City's share is
$73,433.50. This amount will be funded by traffic impact fees paid by developers.
Sufficient funds are budgeted to cover this agreement.
August 5, 2008, 2:22PM
Tdw:G:\GROUPDATWDMINRPT\2008\08-20\PG&E SR-178-Fairfax Admin.doc
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~* ADMINISTRATIVE REPORT
c LIFO
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 3, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /eS
SUBJECT: Amendment No. 1 to Cooperative Agreement No. 05-376 with the State of California
Department of Transportation for the 24th Street (State Route 178) Widening Project to
transfer lead agency status for the California Environmental Quality Act from the State to
the City and to transfer oversight of the National Environmental Policy Act from federal
jurisdiction to the State (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The 24th Street (State Route (SR) 178) Widening Project is part of the Thomas
Roads Improvement Program (TRIP). The State of California Department of Transportation (Caltrans)
and the City of Bakersfield entered into Cooperative Agreement No. 05-376 on November 9, 2005 to
define responsibilities for the 24th Street (SR 178) Widening Project. This portion of SR 178 was
included in Assembly Bill 1858 which provided for the relinquishment of this portion of the highway from
Caltrans to the City. This relinquishment is currently being processed.
This Amendment to the Cooperative Agreement will transfer the California Environmental Quality Act
(CEQA) lead agency status from Caltrans to the City of Bakersfield consistent with the proposed
relinquishment. In addition, the amended agreement will transfer the National Environmental Policy Act
(NEPA) oversight from the Federal Highways Administration (FHWA) to Caltrans as provided for in the
Federal Highways SAFETEA-LU Legislation.
This Amendment has no fiscal impact on the City.
A E
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ADMINISTRATIVE REPORT
^WRY IL~
c'~~iF ~
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: I ~ i .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: July 29, 2008
SUBJECT: Amendment No. One (1) to Agreement No
and exclusive right to operate the food
Aquatic Center and Ice Center.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
. 03-319 with ESC Enterprises to grant sole
and beverage concession business at the
RECOMMENDATION:
Staff recommends approval of the Amendment One (1) to Agreement No. 03-319.
BACKGROUND:
The City and SMG desire to renew the existing agreement with ESC Enterprises for an additional 5
year period to provide customers with concession and catering services for both the Aquatic Center and
Ice Center. Attached is Amendment No. One (1) to Agreement No. 03-319 between the City, SMG and
ESC Enterprises for the operation of food and beverage concession business for Council's approval.
JHR:dII
July 31, 2008, 3:15PM
C:\DOCU ME-1 \rsmiley\LOCALS'1 \TemplXPGrpwise\ESCEnterprises.Aquatic&IceCenter.doc
A
~ ~ ~~
ADMINISTRATIVE REPORT
~.
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: August 4, 2008
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-312 with PCL Industrial Services Inc., for a ground
lease at the Bakersfield Municipal Airport, 2000 South Union Avenue for $108,000 per year.
(Ward 1)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND:
On August 29, 2007, the City of Bakersfield entered into Agreement No. 07-312 with PCL Industrial
Services Inc. to lease a portion of the Bakersfield Municipal Airport (approximately 10 acres) at 2000
South Union Avenue for the purpose of light manufacturing and storage.
PCL Industrial Services has requested to lease an additional 5 acres of land to expand their operations.
PCL's primary purpose for the property will be for material and equipment storage and assembly of large
tanks.
The City of Bakersfield desires to amend the agreement to increase the lease premises from 10 acres to
15 acres and adjust the base rent from $6,000 a month to $9,000 a month or $108,000 a year.
The rent monies will be used for beautification projects and other airport improvements.
ENB/s
Admin_PCL_lease.doc
August 4, 2008
A
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ADMINISTRATIVE REPORT
~4 u~
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
Augtast 4, 2008
CITY MANAGER.
Amendment No. 1 to Agreement No. 90-279 with Nextel Spectrum Acquisition Corporation
for radio tower lease at 8101 Ashe Rd. (Ward 6)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND:
On November 28, 1990, the City of Bakersfield entered into Agreement No. 90-279 with Valley Wireless
Cable, Inc. to lease space within Wastewater Treatment Plant No. 3 to construct a 350 foot tower to
broadcast television signals.
On May 14, 2004, Nextel Spectrum Acquisition Corporation, a Delaware corporation, became a
successor-in-interest to Valley Wireless Cable, Inc.
Nextel Spectrum Acquisition, Corporation has expressed a desire to sublease a portion of the leased area
to Verizon Wireless for the operation of telecommunications equipment.
The City of Bakersfield desires to amend the agreement to show Nextel Spectrum Acquisition Corporation
as the new lessee and to approve Verizon Wireless as a sub lessee.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ENB/s
Verizon_amendment_admin.doc
August 4, 2008
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ADMINISTRATIVE REPORT
c~~
LIFO
MEETING DATE: August 20,2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 5, 2008
APPROVED
DEPARTMENT HEAD Y`,.
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 07-307 with A.C. Electric Company
($36,457.00 for a revised not to exceed amount of $154,633.25) for the Signal & Lighting
System Installation at Ming Ave. and SR 99 Southbound On-ramp (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for signalization and lighting of the intersection of Ming Avenue
and the southbound on-ramp to SR 99.
The contract drawings indicate placing the new wiring for power to the traffic signal within an existing
electrical conduit through the existing CalTrans bridge. Prior to construction, but after award, CalTrans
determined this was not a safe method since it would mean sharing conduit with multiple electric
customers. This change order provides for 915 feet of conduit and pull boxes for a dedicated set of
conduits for the signal and lighting.
This is the first change order to be submitted for this project. This change order will increase the project
total by $36,457.00 (which is an increase of 30.8% of the original contract amount) as illustrated below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
_ $118,176.25
_ $154,633.25
_ $ 36,457.00
G:\GROUPDAT\ADMINRPT\2008\08-20\CCO 1 Signal Ming Av at SR99 SB On-ramp.doc
RM
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 6, 7, and 8 to Agreement No. 07-304 with Security Paving
Construction ($24,795.00 for a revised not to exceed amount of $29,413,367.14) for the
State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 at Fairfax Road and the extension of the freeway from 0.12 miles east of the Oswelt Street
overcrossing to approximately 0.19 miles west of Morning Drive.
Change Order No. 6 provides for the placing of minor concrete backfill around existing drainage systems at
specific locations. The existing drainage pipe is very shallow and conflicts with the structural section.
Insufficient cover requires the backfill to be minor concrete. This change order results in a net increase of
$24, 795.00.
Change Order No. 7 provides for the elimination of the reference in the Contract Special Provisions to use
the Caltrans "Pavement Asphalt Concrete Reporting System (PACRS)" and implement the "Asphalt
Concrete Pay Version 3 (AC PAY-3)" method of qualitative analysis for Asphalt Concrete Quality Control
/Quality Assurance. The Caltrans PACRS program is not functional at this time; therefore, the manual
method of entry with the AC PAY-3 program of tracking the pay bonus factor for Quality of Asphalt
Concrete shall be used. This change results in a net increase of $0.00.
Change Order No. 8 provides for the incorporation of an "Informal Dispute Review Process" in addition to
the more formal provisions contained in Section 5-1.48 of the Special Provisions. The Dispute Review
Board (DRB) established for this contract has a vast amount of experience which can be utilized in a more
efficient and less expensive manner by not adhering to the "Formal" process. CALTRANS contracts are
implementing this procedure on new projects. This change results in a net increase of $0.00.
The net cost increase of Change Orders 6, 7, and 8 is $24,795. This provides a total cost increase of
$83,921.04 (which is a 0.3% increase from the original contract price) as illustrated below:
Current Contract Amount (includes Amendment Nos. 1 8~ 2) _ $29,329,446.10
Amended Contract Agreement after Change Orders = $29,413,367.14
Net Increase to date = $ 83,921.04
Adequate state/federal funds have been previously budgeted to cover these additional costs.
G:\GROUPDATIADMINRPT\2008\08-20\Security CCO 8-8 FairFax Interchange Project -.doc
BA
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~ ~ ~~
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 6, 2008
AP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~.S
Reject bids for the Construction of Sewer Main Rehabilitation Gosford Road-McCutchen
Road to District Boulevard (Wards 5 and 6).
RECOMMENDATION: Staff recommends rejection of bids, re-evaluation of bidding requirements,
and rebidding of project.
BACKGROUND: This project consists of the rehabilitation of 11,000 lineal feet of reinforced concrete
sewer pipe and 22 reinforced concrete sewer manholes, and the construction of 4 new manholes. The
construction documents specified the use of the Cured-in-Place-Pipe (CIPP) process for the rehabilitation
of the sewer pipe, and required the Contractor and its CIPP Installer to have five years of experience in
such process.
The City received bids from five contractors. The contractor who submitted the low bid does not have the
company work experience required by the contract documents. Another contractor abstained from bidding
due to lack of the required experience. Staff recommends rejecting all bids and rebidding this project.
Staff will prepare Responsibility Statement and Questionnaires and use this procedure to ensure that
bidders meet the City's requirements prior to the submittals of the bids.
Five bids were received on July 16, 2008, as follows:
PIPEnology, Inc.
4221 Duluth Avenue, Suite B
Rocklin, CA 95765
Spiniello Companies
12 Daniel Road East
Fairfield, NJ 07004
Southwest Pipeline
539 W. 140th Street
Gardena, CA 90248
In the amount of Total Base Bid $1,760,429.00
Total Base Bid plus Additive Alternate #1 $2,984,455.00
In the amount of Total Base Bid $1,920,670.00
Total Base Bid plus Additive Alternate #1 $3,609.604.00
In the amount of Total Base Bid $2,058,021.00
Total Base Bid plus Additive Alternate #1 $3,836,890.00
August 7, 2008, 9:12AM E7K103
G:IGROUPDATWDMINRPT\2008\08-20\gsfrd swr rehab_rejection of bids.doc
ADMINISTRATIVE REPORT
Insituform Technologies
17988 Edison Avenue
Chesterfield, MO 63005
Michels Corporation
1715 16th Street Southeast
Salem, OR 97302
(cmw/pw.engr))
In the amount of Total Base Bid
Total Base Bid plus Additive Alternate #1
In the amount of Total Base Bid
Total Base Bid plus Additive Alternate #1
$2,246,847.00
$3, 784, 255.00
$2,332,104.00
$4,170, 250.00
August 7, 2008, 9:12AM E7K103
G:\GROUPDATIADMINRPT\2008\08-20\gsfrd swr rehab rejection of bids.doc
.,,n
ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ('~, pp,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: August 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Paradigm System Solutions, Incorporated in the amount of $221,659.65 for
sixty (60) replacement touch screen toughbook computers f or the Police Department.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for sixty (60) replacement touch screen
toughbook laptop computers.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for replacement touch
screen toughbook laptop computers to be used by the Police Department. Six (6) bids were received in
response to the solicitation as follows:
BIDDER AMOUNT
Paradigm System Solutions, Inc $221,659.65
Burnsville, Minnesota
Capital Datacorp $271,413.78
North Highlands, Califomia
Unistar-Sparco Computers, lnc $272,963.64
Millington, Indiana
Technology Integration Group $280,402.50
Dublin, Califomia
Super Warehouse Gov $282,887.70
San Diego, Califomia
Howard Technology Solutions $283,821.75
Ellisville, Mississippi
Staff finds the low bid to be acceptable and recommends award of the bid to Pardigm System Solutions,
Incorporated in the amount of $221,659.65.
Purchasing Division
S:~PURCHIADMIN\Panasonic Touch Screen Toughbooks for PD 08-09-03, August 20, 2008.doc
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ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 30, 2008
APPROVED
DEPARTMENT HEAD /f~
CITY ATTORNEY r/Cr
CITY MANAGER
SUBJECT: Accept bid and award contract to BG Promotions (not to exceed $44,668.28) for the annual
contract for imprinted recreation garments for the Recreation and Parks Department.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to Bid were sent to over (200) suppliers for the Annual Contract for imprinted
recreation garments. Six bids were received in response to solicitation and are as follows. The bids
submitted are based on an estimated quantity of work multiplied by the supplier's unit price. The contract
is renewable annually for four consecutive one-year periods at the City's option and upon mutually
agreeable terms.
BIDDER AMOUNT
BG Promotions $44,668.28
Bakersfield, CA
Western Graphics $53,145.59
Bakersfield, CA
Mike's Uniform Company $54,864.17
Bakersfield,. CA
Providence Clothing $64,195.07
Bakersfield, CA
Zeeni, Incorporated $65,574.53
Temple City, CA
Designer Stitch $68,111.06
Fresno, CA
Staff recommends awarding the bid to the lowest bidder, which is BG Promotions, Bakersfield, CA.
Purchasing Division
S:IPURCHWDMIMAC for Imprinted Recreation Garments, 07-08-102, August 20, 2008.doc
July 30, 2008, 5:03PM
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ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: August 6, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $25,000 PG&E Grant Revenue for the Bakersfield Defibrillator Projec to the
Recreation & Parks Department Operating Budget in the General Fund (All Wards).
RECOMMENDATION: Staff recommends approval of the appropriations.
BACKGROUND: The City has received a grant from Pacific Gas and Electric Company in the amount
of $25,000 for the Bakersfield Defibrillator Project. This grant will be used to purchase Public Access
Automated External Defibrillators (AED) and related accessories. An AED will be located at each of the
City's pools, MLK Center, Silver Creek Center, City Hall North, and City Hall South with an extra AED
for special events.
August 6, 2008, 3:04PM
S:\Rick KirkwoodWdmin Reports\2008\PG&E Defibrillator Grant Appropriations Admin Report - 080608.doc
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'LIFO
MEETING DATE: August 13, 2008 AGENDA SECTION: Consent Calendar
ITEM: , ,Yr,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appointment of Voting Delegate and Alternates for 2008 League of C Ilforni Cities
Annual Conference
RECOMMENDATION:
Appointment of Vice-Mayor Harold Hanson as League Voting Delegate, Councilmember Jacquie
Sullivan as First Alternate, and Assistant to the City Manager, Rhonda Smiley, as the Second Alternate.
BACKGROUND:
Each year, as part of the City's membership in the League of California Cities, the City Council appoints
a Voting Delegate and up to two Voting Alternates to represent the City's position on resolutions at the
annual business meeting of the League's Annual Conference. This year's annual conference will be
held September 25-27, 2008 at the Long Beach Convention Center. The annual business meeting,
during which the resolutions will be considered, will be held on Saturday, September 27, beginning at
8:30 a.m.
The voting appointees have traditionally been recommended for Council approval by the Legislative
and Litigation Committee. However, since the Committee did not meet in July, Committee Chair
Benham requested that staff forward the recommendation for the 2008 conference voting delegate and
alternates directly to the City Council for consideration and approval.
August 5, 2008, 9:23AM
P:~AdminReports&Related Wdm-2008Wdmin-2008LeagueVotingDelegate-081308.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ , S5 .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 7, 2008
APPROVED
DEPARTMENT HEAD ~:~'~.
CITY ATTORNEY ~~
CITY MANAGER /~
Payment to National Fish and Wildlife Foundation ($64,500) for mitigation fees for Allen
Road Bridge over Kern River.
RECOMMENDATION: Staff recommends approval of fee payment.
BACKGROUND:
To comply with the revised 404 permit from US Army Corps of Engineers (ACOE) for our bridge project
over the Kern River, ACOE requires that the City submit a check to the National Fish and Wildlife
Foundation (NFWF). The payment is in the amount of $64,500.00 and is considered mitigation for the loss
of 0.43 acres of open waters caused by our bridge project.
ACOE has further stipulated that the City may not re-start construction of our bridge project until we
receive written notification that the check has been deposited into the NFWF account. As City was
otherwise prepared to re-start the project, we have issued an early release of payment to minimize the
continued down time of our Contractor. As we had previously given Notice To Proceed to the Contractor,
the City had been incurring fees for the days the contractor has been halted from continuing the work.
Given the early release of the check we were able to get the Contractor back to work on the August 5,
thereby not enduring the minimum additional two weeks of construction down time for the processing of
the payment required by the ACOE.
(tma)
(T4K142)
August 7, 2008, 5:19PM
G:\GROUP DAT W DM I N RPT W DM I N FORM.doc
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° ADMINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,~
TO: Honorable Mayor and City Council
FROM: W. R. Rector, Chief
DATE: August 8, 2008
APPROVED
DEPARTMENT HEAD~,a i~
CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Appropriate $7,000.00 K.N.E.T. Asset Forfeiture Revenues to the Police Department
Operating Budget within the General Fund toward the cost of Equipment for the K.N.E.T.
unit of the Bakersfield Police Department.
RECOMMENDATION: Staff recommends appropriation.
BACKGROUND:
The Bakersfield Police Department is a member of a multi jurisdictional task force known as the Kern Narcotics
Enforcement Team (K.N.E.T.). K.N.E.T. is a specialized unit, partially funded by the Anti-Drug Abuse (ADA)
Grant administered by the Governor's Office of Emergency Services (OES), whose primary focus is identifying, and
arresting street level and mid-level narcotic traffickers, in addition to drug abusers. KNET is assigned to the
Bakersfield Police Department Vice/Narcotics Unit.
The K.N.E.T. task force is governed by a Steering Committee consisting of the department heads of the Kern County
District Attorney's Office, the Kern County Sheriff's Department, the Kern County Probation Department, the
Bakersfield Police Department, and a representative of the eight other Kern County Police Departments.
Any asset forfeiture funds obtained through the operations of K.N.E.T. are placed in a trust account (maintained by
the City of Bakersfield) to provide for the non-grant funded operational and equipment needs of the task force in the
furtherance of grant activity. The distribution of asset forfeiture funds for the purchase of such operational and
equipment needs are subject to approval by the K.N.E.T. Steering Committee.
The Steering Committee of the K.N.E.T. task force has approved the use of asset forfeiture funds for the purpose of
purchasing new surveillance equipment. The equipment will be purchased through the Bakersfield Police
Department's General Fund Operating Budget, and the City will be reimbursed from the K.N.E.T. Asset Forfeiture
Trust Account.
\\citynaslhomedirs\dbranson\BPD\ADMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT (08-20-08) KNET PURCHASES.doc
Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: (,~ , U u
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police
DEPARTMENT HEAD
t
DATE: August 8, 2008
CITY ATTORNEY ~ ~
CITY MANAGER iPS
SUBJECT: Appropriate $67,076.00 Federal Grant Revenues (Edward Byrne Memorial Discretionary
Grant -Congressionally Mandated Award from the U.S. Department of Justice) to the General Fund
Police Operating Budget.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On August 4, 2008 the Bakersfield Police Department was awarded a grant from the Edward Byrne
Memorial Discretionary Grants Program from the U.S. Department of Justice in the amount of $67,076.00.
The Edward Byrne Memorial Discretionary Grants Program (Byrne Discretionary Program) helps local
communities improve the capacity of local justice systems and provides for national support efforts. This
project is authorized and funded through a line item in the FY 08 Congressional Budget. Funds should be
used for purposes recommended by Congress.
The City of Bakersfield, Bakersfield Police Department will re-equip their Narcotics Unit with the necessary
equipment to continue using vital surveillance and safety tools to combat drug trafficking in the Greater
Bakersfield Area and throughout Kern County.
Some of the tools and supplies used for their surveillance operations have become depleted or rendered
unusable. They will procure the following items: aviation headsets and a GPS Data Terrain Card; narcotic
test kits; pelican cases, which are lined with foam and would ensure the protection of equipment while in
transport; safety equipment, including gas monitors and detectors, phosphine monitors, and face masks;
and wireless technology, including an outdoor node and antenna for video surveillance.
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,~;.K." ~-° MINISTRATIVE REPORT
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MEETING DATE: August 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: (~ 'vV
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 13, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Bakersfield Redevelopment Agency for a short term bridge loan from
the City's Equipment Fund in the amount of $2 million to the Redevelopment Agency to
provide construction assistance for an Affordable Senior Rental Housing Project to be
located on 18`h Street in Old Town Kern and authorization to repay a previous
Redevelopment Agency Loan to the City in the amount of $785,000 for the South Mill Creek
used to purchase property for a planned affordable family residential rental project located
in the Southeast Redevelopment Project Area:
1) Authorize a loan and appropriate funds to provide a six month $2.0 million loan from the
Equipment Fund to the Redevelopment Agency to provide construction assistance required
for the Senior Plaza Rental Development located at 18`h and 19th Streets and to be
immediately repaid from future bond proceeds. (Ward 2)
2) Authorize the repayment of the principal amount of $785,000 and accrued interest from
the Redevelopment Agency to repay the 2006 Equipment Fund loan for the South Mill
Creek Project, (Ward 1) and
3) Transfer and appropriate $785,000 and accrued interest from the Southeast
Redevelopment Project Area Operating Fund to the Debt Service fund for the repayment of
this debt.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
Staff has prepared an Owner Participation Agreement (OPA) with Southwest Consulting Inc. for the
development of 67 Senior Rental Units in a new three story structure with an adjacent two level 80 space
parking structure. The OPA agreement will be considered by the Redevelopment Agency on August 25,
2008.
The affordable senior rental project will be constructed on developer owned property located in the Old
Town Kern Pioneer Redevelopment Project Area adjacent to the Millcreek Linear Park project between
18th 8~ 19th Street. The pro-forma and reuse analysis for the project supports an Agency financial
contribution of $3.650 million dollars to be used towards the land acquisition and construction costs.
Currently, the Agency has allocated its available cash reserves of $1.6 million in the Old Town Kern
S:1AdminslCity Council\City Council Admins 2008\RedevFinancing8.20.2008.doc
8/13/2008 8:08 AM
ADMINISTRATIVE REPORT Page 2
Affordable Housing Fund .towards its financial participation in this project leaving a project shortfall of
approximately $2 million dollars. The City Finance and Agency staff is in the process of preparing a tax
increment bond offering to secure redevelopment funds for various redevelopment activities in both the
Southeast & Old Town Kern Areas. It is anticipated that the $2 million additional funds that are needed for
this project will also be secured from these bond funds.
The development agreement is completed and ready to move forward. In order to make the required
commitment to the project, it is necessary to identify and reserve the funds that are committed. In the
unlikely event the development is ready and begins construction prior to receipt of the bond funds, it may
be necessary to begin funding the project before the bond proceeds are received resulting in the need for
the Agency to funds from a short term City loan. It is important to note that the City loan funds will only be
drawn down in the event the construction is underway and after the Agency has disbursed the current $1.6
million of funds currently reserved for the project. This loan if disbursed will be immediately repaid from
the bond proceeds generated from the planned Old Town Kern bond offering.
Staff will return to Council for a report and consideration of the entire planned Redevelopment bond
financing at later date.
Staff is requesting this short term loan in the amount of $2.0 million at 3% annualized interest rate from the
City's Equipment Fund in order to proceed with the Agency financial commitments for this project under
the terms as outlined in the proposed OPA. The senior rental development project is expected to start
construction no later than December 2008.
Debt Repavment to Eauiament Fund from Southeast Bakersfield for $785 000 and accrued interest
In April, 2006, the City Council approved an intra fund loan from the City Equipment Fund to the
Redevelopment Agency in the amount of $785,000 which was used toward the property settlement and
acquisition of 1400 "Q" Street for the development of a familx affordable rental housing project planned in
the South Mill Creek Mixed Use Project, located within the Southeast Redevelopment Project area. The
repayment terms of this loan are tied to increased property taxes generated within the area from California
Avenue to the RR tracks and between "M" Street and Union Avenue. However, the Southeast Project
Area has experienced unprecedented growth along the key commercial corridors area over the past few
years and received an early pay off of in-lieu taxes from the California Senior Housing Project resulting in
cash reserves.
Holding significant cash reserves by a redevelopment Agency is not recommended, especially when the
State is seeking alternatives to fund their own budget concerns. In addition, when calculating the transfer
of the annual tax increment to the Redevelopment Agency, the County Auditor factors in the Agency's
cash reserves as funds that are available to retire debt and that can reduce the amount remitted to the
Agency. In order to reduce any fiscal concerns and secure all of the earned tax increment for the Agency,
staff is recommending that the Redevelopment Agency debt be repaid to the City at this time.
S:WdminslCity Council\City Council Admins 20081RedevFinancing8.20.2008.doc
8113/20088:08 AM
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MEETING DATE: August 20, 2008 AGENDA SECTION: Public Hearing
ITEM: ) ~ , rt
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 6, 2008 CITY ATTORNEY ~~
CITY MANAGER ~.S
SUBJECT: Public Hearing to consider Resolution approving the Sale of Real Property, located at 508
18th Street by the Bakersfield Redevelopment Agency to Southwest Consulting, Inc. for the
development of the 19tH Street commercial project. (Ward 2).
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
On November 26, 2007, the Bakersfield Redevelopment Agency purchased 508 18tH Street in anticipation
of future commercial development under the Mill Creek Plan. Shortly thereafter, adjacent property was
purchased by Southwest Consulting, Inc. Today, the City Council will consider the sale of the Agency
owned parcel to Southwest Consulting, Inc. for the fair market value of the property in the amount of
$140,700 for their planned commercial development.
On December 10, 2007, the Agency approved an Exclusive Negotiation Agreement with Southwest
Consulting, Inc. to develop the entire site with two distinct projects. The first project is the commercial
development that will be located adjacent to the canal on agency and developer owned property and
includes 41,000 square feet of commercial and office space with a restaurant in a four level building. In
addition, an adjacent 3,000 sq. ft. food court is planned on the northeast corner of the developer owned
parcel.
The second project includes 67 units of affordable senior rental housing in a three story structure and a
two level 80 space parking structure. The project will be constructed on developer owned property
immediately east of the commercial plan. The Redevelopment Agency will consider both the commercial
development agreement and proposed financial participation with the owner in the affordable senior
housing project at its August 25tH meeting. The two proposed projects are located in the Old Town Kern-
Pioneer Redevelopment Project Area adjacent to the Millcreek Linear Park project between 18th and 19'n
Street.
The deal points for the project have been negotiated and incorporated into a Disposition Development
Agreement to provide for the sale of this property to the developer for the commercial project. Tax
increment moneys were used for the acquisition of the building and site, formerly known as the
Amusement Company Building. The blighted building will be demolished and cleared and the site
S:Wdmins\City Council\City Council Admins 2008\Southwest Consulting 33433 Hearing.doc
8/8!2008 10:11 AM
ADMINISTRATIVE REPORT
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conveyed to the developer at the fair market value. The Project's goal is to become a catalyst that would
assist in the revitalization of its surrounding area in Bakersfield, specifically the revitalization along the Mill
Creek Linear Park.
The Project's revitalization effort includes complementary and compatible uses and potential generators
for future expansion and growth in the immediate neighborhood. The development shall be first class and
constructed with quality materials. All construction will be executed in accordance with City specifications,
standards, and practices, with all plans approved by the City.
Health & Safety Code 33433:
Pursuant to Section 33433 of the California Health and Safety Code, the Bakersfield City Council may,
after a duly noticed public hearing, authorize the Redevelopment Agency to sell or lease the property, for
development pursuant to the Old Town Kern Pioneer Redevelopment Plan upon a determination by the
City Council that the proposed consideration is not less than the fair reuse value of the Property, that the
disposition of the Property will assist in the elimination of blight and is consistent with the implementation
plan adopted for the Old Town Kern Pioneer Redevelopment Project Area.
Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of
property acquired directly or indirectly with tax increment funds, the agency must sell the property for not
less than the fair market value at its highest and best use in accordance with the redevelopment plan,
or at a price not less than the fair reuse of the proposed use and with the conditions and development
costs authorized by the sale.
A summary report was prepared by GRC and Associates has been attached that reflects that the Agency's
sales price of $140,700 for the property is not less than the fair reuse value for the property based on the
proposed use. The summary report also identifies all of the Agency's costs associated with the property
that is being sold in the amount of $530,478. These costs include acquisition and relocation costs and
demolition expenses. The summary report was available for public inspection consistent with the
requirements of Health and Safety Code Section 33433. In addition, the project will not result in any
significant effects relating to traffic, noise, and air or water quality and therefore qualifies as CEQA exempt
under Section 15332 under Infill Development. The property value of the completed commercial
development is estimated to be approximately $12 million dollars.
The Redevelopment Agency will consider this Disposition 8~ Development Agreement for the project to
facilitate the sale of the property under Health & Safety Code section 33433 at a meeting on August 25,
2008.
S:WdminslCity Council\City Council Admins 2008\Southwest Consulting 33433 Hearing.doc
8/6/200810:11 AM
l° ADMINISTRATIV
r ~.~ E REPORT
LIFO
MEETING DATE: August 20, 2008 AGENDA SECTION: Hearings
ITEM: j t~,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 11, 2008
DEPARTMENT HEA
CITY ATTORNE
CITY MANAGE
Public Hearing to consider Amendment No. 1 to Resolution No.
Underground Utility District No. 2, Division 31 (Sports Village). (Ward 6)
RECOMMENDATION: Staff recommends overriding protests and approving amendment.
BACKGROUND: The City Council approved Resolution of Intention No. 1605 on July 30, 2008, which
set the public hearing for August 20, 2008 for the amendment. The hearing has been duly advertised and
the property owners notified as required by law.
This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A
regulations regarding underground utility districts. All overhead lines in the modified boundaries of the
district consisting one parcel on Gosford Road and another on Ashe Road, locating north of Taft Highway
and are approximately 1710' and 3090' in length, respectively, shall be removed and relocated
underground. The modified district will be constructed with PGBE Rule 20A funds at no cost to the City.
Rule 20A funds will also be used, if necessary, to pay for private panel conversions.
PW Subdivisions (dc)
August 12, 2008, 11:44AM
G:IGROUPDA7IADMINRPT12008\OB-20\2-31 Est amnd-1.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 21, 2008 I AGENDA SECTION: Hearings I
ITEM: i ~-l. ~~ _
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: July 25, 2008 CITY ATTORNEY
CITY MANAGER /~
SUBJECT: Public hearing on Resolution of Necessity ("RON") to determine whether the public
interest and necessity require acquisition by eminent domain of a portion of property
located between Langley Road and the Cross Valley Canal, west of Mohawk Street,
specifically a portion of the SE %. Sec. 27, T29S/R27E involving APNs 332-280-11 &
27 (Wanamaker, et al., owners), for the Westside Parkway project. (Code Civ. Proc. §
1240.010) (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the
intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley
Canal and Kern River, crossing the Kem River near the existing BNBSF Railroad bridge and ending near
SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes
from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes
from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the
parkway. The Project will also include the construction of interchanges at Allen Road, Calloway Drive,
Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the
Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the
BNB~SF Railroad.
Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways,
the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic
capacity and circulation between northwest Bakersfield and the downtown area and between the California
Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and
accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project
were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental
Impact Report ("Tier 1 EIS/EIR"), which the City Council approved on June 12, 2002. Additional
information about the Project is contained in the draft Tier 2 Environmental Asseasment/DraR
Environmental Impact Report for the Westside Parkway Project ("Tier 2 EIS/EIR"), which has been
approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works. Both
the Tier 1 EIS/EIR and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads
Improvement Program, 900 Truxtun Avenue, Suite 200, Bakersfield, Califomia.
July 24, 2008, 3:40PM
C:\WP51\KNY'S FILESIRMD\BakersfieldlAdmin Report (4) Wannamaker.doc
ADMINISTRATIVE REPORT
The subject property to be acquired is located on APNs 332-280-11 8 27. The subject property to be
acquired by eminent domain is necessary for the construction of the Westside Parkway Project, Rosedale
Highway/Mohawk Street Widening and Mohawk Street Grade Separation. The subject property to be
acquired consists of approximately 15.334 acres as depicted on the maps attached to the RON.
Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the
subject property. A proposed Resolution of Necessity is attached to this report and includes legal
descriptions and plat maps of the property to be acquired. All statutory findings have been made and are
set forth in the RON.
JURMS:Isc
July 24, 2008, 3:40PM
C:\Wp51W1Y'S FILES\RMD\gakersfieldWdmin Report (4) Wannamaker.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: Deferred Business
ITEM: j , c~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Javier Lozano, Human Resources Manager DEPARTMENT HEAD
DATE: August 8, 2008 CITY ATTORNEY ~G"
CITY MANAGER
SUBJECT: A Resolution approving the Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary schedule and related benefits.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Labor negotiations with SEIU, Local 521 for the Blue and White Collar Units of the City have concluded
and the proposed agreement for these units is attached. The City and the SEIU, Local 521 commenced
negotiation on January 2, 2008 and participated in eleven negotiating meetings. Ratification by the SEIU,
Local 521 membership was the largest turnout ever and was overwhelmingly approved. Specifically, the
following significant items are recommended for these bargaining Units.
1. Three year agreement from January 1, 2008 to December 31, 2010.
2. Salary increases:
a. 3% effective December 24, 2007
b. 1 % effective July 7, 2008
c. 4% effective December 22, 2008
d. 4% effective December 21, 2009
3. Employees hired subsequent to the ratification of the agreement and finalized agreement with
PERS will receive a retirement benefit of 2.7% at 55 based on the average of the highest 3 years
of earnings. This change is in alignment with Council Goals in that it reduces future pension
liabilities by lessening the retirement benefit for newly hired employees from the current 3% at 60
based on the highest year of earnings.
4. CaIPERS Pre-Retirement Optional Settlement 2 Death Benefit (Section 21548) will be provided as
soon as can be administratively initiated. This will provide spouses or registered domestic partners
a retirement benefit in the event an employee eligible for retirement dies.
August 8, 2008, 8:27AM
S:Wdmin Rpts~2008WDM REPORT - B 8 W MOU 2008.doc
ADMINISTRATIVE REPORT
5. For January 1, 2009 to December 31, 2009 the 80%/20% premium split on health care cost shall
remain in effect, with a collective cap of 10% total for premium increases on all plans. Any premium
increases above the collective 10% cap shall be fully covered by the employees. The Insurance
Committee will review alternate insurance plans such as PERS, SISC or others presented by the
Segal Company. Unless an alternative agreement has been reached, any changes to plan
coverage for 2010, shall revert to the existing process noted in ARTICLE 20 of the Blue & White
Employees' MOU, whereby the City will meet with the Insurance Committee.
August 8, 2008, 8:27AM
S:Wdmin Rpts~2008WDM REPORT - B & W MOU 2008.doc
o`~ B" °~ ae ,y,
~ ADMINISTRATIVE REPORT
MEETING DATE: August 20, 2008 AGENDA SECTION: Deferred Business
ITEM: ~ , b ,
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: August 11, 2008
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY %'~. ~. r~-'~-~ ~~''
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement for Use of Water Rights (1952 Agreement) with North Kern
Water Storage District.
RECOMMENDATION:
Staff recommends approval of the Amendment to the Agreement for Use of Water Rights.
BACKGROUND:
On January 1, 1952, the City of Bakersfield (as successor in interest to the Kern County Land Company
and Kern County Canal and Water Company, et al) and North Kern Water Storage District ("District"
herein), entered into an agreement ("1952 Agreement") concerning District's use of certain Kern River
water rights owned by City. The Kem River water rights acquired by District had restrictions, among of
which was that the water could be used for irrigation of crops and for no other purpose or purposes
whatsoever.
In 2004, the city of Shaffer issued a general plan update that had an expanded sphere of influence
boundary along the north side of 7th Standard Road, well within the District borders. A Program
Environmental Impact Report for the area, prepared by Shafter, listed the water source for development
within District as water derived from the 1952 Agreement. The City protested the EIR on the grounds that
the 1952 water had restrictions for the type of use. Several meetings between Shafter and the City
followed with no success on resolution of issues involving the 1952 Agreement water. In February 2006,
the City, Shafter and District agreed to a mediation hearing to determine the definition of "irrigation". The
opinion handed down was that irrigation is for the watering of crops for market and not for urban or
municipal uses. Oildale Mutual Water Co. had been designated the water purveyor by Shafter for the area
within District. Oildale's Water Supply Assessments and Verification documents continued with assertions
that the 1952 Agreement water could be used as a source for domestic uses. In 2006, Shafter formally
annexed the land within the District boundaries.
The City repeatedly tried to resolve the 1952 Agreement issues with District and Shaffer. The City
discussed the outright sale of water to Shafter and District, in efforts to settle the water rights issue. After
several meetings and sessions with Shaffer and District that yielded little progress, the City decided it was
in the best interests of protecting the City's Kern River water rights to file legal action against District,
Shafter and Oildale Mutual. The City filed a lawsuit on March 6, 2007 entitled "City of Bakersfield v. North
Kern Water Storage District", et al, Tulare County Superior Court Case No. CIV 224933. The suit sought a
binding judicial conclusion on whether the 1952 Agreement water allows agricultural water to be used for
municipal purposes.
August 13, 2008, 9:O6AM
S:\2008 Admin Reports\N.Kern.Amd1.1952.doc
ADMINISTRATIVE REPORT
City staff was directed to continue negotiations with the District on the possibility of selling 1952
Agreement water to District. Meetings and negotiations continued until a proposed settlement agreement
was reached in early August, 2008. The proposed settlement will be an amendment to the original 1952
Agreement.
The proposed Amendment will allow that District may use water derived from the 1952 Agreement for
Municipal and Industrial purposes, otherwise known as non-agricultural water demands. The quantity
delivered shall be reported annually by District to City and include all water delivered for municipal uses,
whether direct surface delivered or pumped from groundwater. The price for the water delivered for
municipal purposes will be set at $311 per acre-foot, with price index adjustments beginning July, 2011.
The price was derived from an independent water economist's study of the value of municipal water. The
proposed amendment will also allow District to "grandfather in" on 500 acre-feet of existing municipal and
industrial water uses within District.
Execution of the proposed Amendment to the 1952 Agreement will also mean the dismissal of the above
mentioned lawsuit without prejudice, each side to bear its own attorney's fees and costs. Other than as
indicated, the 1952 Agreement will otherwise remain unchanged, in full force and effect and is not
amended or modified in any way as a result of the execution of the Amendment.
The District Board of Directors approved the Amendment at a special meeting held August 6, 2008.
August 13, 2008, 9:06AM
S:\2008 Admin Reports\N.Kern.Amd1.1952.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: New Business
ITEM: , ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 1, 2008 CITY ATTORNEY.
CITY MANAGER,
SUBJECT: PG&E Gas and Electricity Franchise Renewals
1. Resolution to extend the terms of existing PG&E franchise agreements for the use,
transmission, and distribution of gas and electricity within the City of Bakersfield for a period
of an additional 90 days (to December 18, 2008, or until adoption of the new franchise
ordinances, whichever occurs first) under the existing terms and conditions.
2. Resolution of Intention No. 1608 -Resolution of the City Council of the City of
Bakersfield acknowledging the intention to grant an electric franchise.
3. Resolution of Intention No. 1609 -Resolution of the City Council of the City of
Bakersfield acknowledging the intention to grant a gas franchise.
RECOMMENDATION: Staff recommends adoption of the resolutions.
BACKGROUND:
Current franchises:
PG&E has franchises for electricity and gas with the City that have expired. The franchise provides for
payments to the City by PG8~E for use of City right of way to provide electricity and gas service as
provided by state law (state constitution and 1937 Act) and city charter. For the electricity franchise the
payments typically are made based on one-half percent (.5%) of the gross annual receipts from the sale of
electricity within the limits of the franchise. For the gas franchise the factor is one percent (1 %) of the
gross annual receipts from the sale of gas. These payments are for PG&E's use of the public right of way
within the City, which typically is in or along our streets and roadways.
On January 20, 1958, the City Council granted Pacific Gas and Electric Company ("PG&E°) franchises to
use, transmit, and distribute gas and electricity within the City of Bakersfield. The term of each franchise
was for a period of 50 years. The franchises expired on or about February 19, 2008.
PG&E requested in writing that the City Council extend the terms of the existing franchises for a period of
90 days in order to allow the parties to finalize and submit to the City Council new franchise ordinances.
On January 16, 2008, the Council passed a resolution extending the existing franchises, under the same
terms and conditions as exist now, for a period of 90 days (until May 19, 2008). On May 7, 2008, the
Council passed a resolution further extending the existing franchises, under the same terms and
conditions as exist now, for a period of 120 days (until September 19, 2008) so negotiations could
August 1, 2008, 3:20PM
S:Wdmin Rpts~2008~PG&E Franchise Admin. 8-20-08a.doc
ADMINISTRATIVE REPORT
continue. City Staff has been meeting over the past several months with representatives from PG&E
regarding the renewal of their electrical and gas franchises with the City.
Renewal negotiations with PG&E:
The City of Bakersfield was interested in modernizing the electricity and gas franchises to reflect current
practices and requirements of utility franchisees and achieving the best utility franchise terms available.
Most cities within PG&E's service area receive 1 % of gross receipts with indeterminate terms for both their
electricity and gas franchises. Recently, there have been several franchise renewals by cities approved
by the California Public Utilities Commission (CPUC) which included an additional local surcharge beyond
the typical 1 %. Staff met with representatives of PG&E and discussed matching the franchise terms similar
to those received by other cities and other recent renewals. They indicated their willingness to match the
1 % franchise rate for electricity and gas with an indeterminate term similar to what other cities receive.
They also indicated a willingness to consider the surcharge similar to other recent franchise renewals.
Bakersfield would be PG&E's first city in its service territory to have a franchise surcharge similar to those
enacted by Santa Barbara and Ventura which are served by other utility companies. The surcharge would
have to be approved pursuant to CPUC guidelines and subject to approval by the CPUC which would at a
minimum take about six months. There would be no guarantee that the CPUC would agree to the
surcharge, even though they recently approved surcharges for other cities. Each surcharge request is
independent and subject to the CPUC's final determination.
PG&E also agreed that in exchange for an indeterminate term for the gas franchise they would advance
up to 5 years of Rule 20A undergrounding funds and set completion deadlines to accelerate the
undergrounding of PG8~E facilities identified by the city. The City and PG&E will enter into a memorandum
of understanding which outlines the projects to be included in this effort and process for establishing
timelines for completion based on City priorities.
In addition to the items discussed above staff also reviewed the franchise agreements with regard to
clarifying language regarding PG&E's cooperation on performing work in the City right of way and timely
relocation of their facilities. Staff has incorporated new language which better identifies when PG&E
would be responsible to relocate their facilities at City request. Also included is clarification regarding
relocation of PG&E facilities for highway facilities transferred from the State to the City (such as Rosedale
Highway or State Highway 201) being included under the City's franchise and its relocation requirements.
Staff also asked about inclusion of a favored nation's clause to insure the City would receive franchise
terms similar to other cities. PG&E has indicated they would be able to include a clause that would
provide that PG&E would match any change to the 1937 Act which resulted in an increase in the
percentage paid based on gross receipts for the Bakersfield franchises.
Timins~:
The Charter provides for a process to renew these franchises. The proposed Resolutions of Intention
establish the public hearing date for September 17, 2008 and scheduled first reading of the implementing
ordinances for both the gas and electric franchises. The ordinances would become effective 30 days
following the second reading and adoption of the ordinances by the Council.
Some of the actions contemplated require action by the CPUC. It is anticipated that such consideration
and review would take a minimum of approximately six months to bring to conclusion. It is important to
note that actions subject to CPUC review are not assured of approval.
August 1, 2008, 3:20PM
S:Wdmin Rpts\2008\PG&E Franchise Admin. 8-20-08a.doc
ADMINISTRATIVE REPORT
Over the last few months, PG&E and the City have made substantial progress toward reaching agreement
on new franchise ordinances. In order to allow the parties to finalize the terms of the new ordinances and
comply with notice requirements, City staff and PG&E wish to extend the existing franchises an additional
90 days (to December 18, 2008), or until adoption of the new franchise ordinances, whichever occurs first.
Adoption of the resolution providing for this extension of time will allow for continuation of service to City
residents and businesses as well as continuation of franchise revenue to the City during the period
negotiations are taking place.
Recommendation:
The 1 % for the gross annual sales of electricity and gas for an indeterminate term similar to what other
cities receive would be recommended by staff. This would bring the City in line with other cities in PG&E's
service area. This change would be implemented upon adoption of the franchise and additional revenues
would begin accruing at that point. It is estimated that implementation of these changes to the franchise
could result in approximately $1,524,595 in new General Fund revenue to the City from PG&E.
Staff also is recommending the City proceed with the application to the CPUC of an additional local
surcharge for electricity and gas franchises of 1 %. If a surcharge is enacted, staff would recommend that
it not be applied to those PG&E customers under the "CARE" program which is designed to assist low and
fixed income customers (similar to qualifications for CDBG). The surcharge, however, is subject to review
and approval by the CPUC which is estimated to take at least six months. Surcharge revenues would be
payable to the City in the month of April, following the calendar year of implementation. Approval of the
surcharge by the CPUC cannot be assumed since they have broad discretion over such increases. If
approved, the local surcharge would generate approximately $3,185,634 in new revenue. Staff
recommends that any additional surcharge revenues generated be earmarked for road and highway
projects since the purpose of the franchises is for PG&E's use of the City's right of way, which typically is
in or along city streets and roads.
August 1, 2008, 3:20PM
S:Wdmin Rpts\2008\PG&E Franchise Admin. 8-20-0Sa.doc
MEETING DATE: August 20, 2008 AGENDA SECTION: New Business
ITEM: , b ,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Cler~~Jh~`~ DEPARTMENT HEAD
DATE: August 12, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution providing for the appointment of City Councilmembers and cancelling the
November 4, 2008 Election for Wards 2, 5 & 6.
RECOMMENDATION:
Council determination.
BACKGROUND:
At the close of the election nomination period on Friday, August 8, 2008, the only candidates for each
Ward were the incumbents, Sue Benham, Harold Hanson and Jacquie Sullivan. In accordance with
Elections Code §10229, the City Council may choose to appoint the nominees and cancel the November
election.
With the threat of the State taking local funds, this Resolution would save the City approximately $47,000
dollars in Kern County election fees. Although cancelling the election would be unprecedented for the City
of Bakersfield, it is not uncommon for cities in the state to take this action. A recent inquiry of other City
Clerks reported six cities including Chino, Brea, Vacaville and Menlo Park are considering this action.
Additionally, more than 20 responded that their Councils had done so in the past.
The timing to use this section of the Elections Code is extremely restrictive; therefore, the City Council
would be required to take action and adopt the Resolution at the August 20, 2008 Council meeting.
Pmc
Created on 8/12/2008 3:47:00 PM
S:\Council\admins\2008Wugust 20 -Cancel Election.DOT
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 30, 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, Hanson, Sullivan, Scrivner
Absent: None
2. PUBLIC STATEMENTS
None.
3. APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
ACTION TAKEN
a. Approval of minutes of the July 16, 2008, Regular
City Council Meeting.
Payments:
b. Approval of department payments from July 4, 2008 AB WEIR
to July 17, 2008 in the amount of $21,306,070.20
and self-insurance payments from July 4, 2008 to
July 17, 2008 in the amount of $213,889.57.
Ordinances:
c. First Reading of Ordinance amending Sections FR
1.12.010 and 1.12.040 of the Municipal Code
by adding Annexation No. 526 consisting of 90.87
acres located on the east and west sides of Fairfax
Road, south of Redbank Road to Ward 1,
Annexation No. 493 consisting of 1,813.08 acres
located west of S. Allen Road, south of the Kern
River and Annexation No. 574 consisting of 139.89
acres located south of Seventh Standard Road, east
of Allen Road and north of Snow Road to Ward 4.
Bakersfield, California, July 30, 2008 -Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of Ordinance adding Section 8.16.065 of ORD 4519
the Municipal Code relating to use of amplified
sound by ice cream vendors.
e. Adoption of Ordinance amending Sections 2.62.020 ORD 4520
and 2.62.030 of the Municipal Code relating to the
Keep Bakersfield Beautiful Committee.
Adoption of Ordinance adding Sections 17.04.022, ORD 4521
17.04.132, 17.04.168, 17.04.281, 17.04.281.5,
17.04.493, 17.04.493.5, 17.04.606 and 17.04.624
and amending Chapter 17.58 of the Municipal Code
relating to parking standards and requirements.
Resolutions:
g. Resolution approving sale of surplus Police
Department equipment to the California Military
Museum for $1.00.
h. Resolution authorizing the Police Department to
apply for the Edward Byrne Memorial Justice
Assistance Grant ($61,430) from the U. S.
Department of Justice.
i. Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to California
Government Code Section 34090, et seq.
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of
the assessments by the Kern County Tax Collector.
RES 113-08
RES 114-08
RES 115-08
RES 116-08
Resolution approving an application proposing RES 117-08
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 568
consisting of 218.38 acres located south of Panama
Lane, east of Nord Avenue.
Resolution opposing fiscally irresponsible State RES 118-08
budget decisions that would borrow local
government funds thus placing an additional
economic burden on local municipalities.
Bakersfield, California, July 30, 2008 -Page 3
4. CONSENT CALENDAR continued ACTION TAKEN
m. Resolution adding Area 4-85 (Tract 6850) to the RES 119-08
Consolidated Maintenance District and confirming
the assessments, approving the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
n. Resolution of Intention No. 1604 to add territory, ROI 1604
Area 4-86 (7001 Auburn Street) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving the Public Works
Director's Report.
o. Resolution of Intention No. 1606 to add territory,
Area 2-39 (Mustang Square) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving the Public Works
Director's Report.
p. Resolution of Intention No. 1605 calling a public
hearing to amend Resolution No. 133-07 by
modifying the boundaries of Underground Utility
District No. 2, Division 31 (Sports Village).
Agreements:
q. Cooperative Agreement with State of California
Department of Transportation to widen State
Route 178 from Vineland Road to Miramonte Drive.
(SR 178 Widening Project) (TRIP)
r. Installation of traffic signal and lighting system at
intersection of State Route 178 (24th Street) and L
Street
1. Cooperative Agreement with State of
California Department of Transportation for
City's share (estimated not to exceed
$180,000) of project costs.
2. Appropriate $180,000 Gas Tax Fund
balance to the Public Works Department's
Capital Improvement Budget for City's share
of project costs.
s. Agreement with AmeriNational Community Services,
Inc. (not to exceed $54,000) to provide loan and
related financial services for the City's Single Family
Rehabilitation, Multi-Family Rehabilitation,
Commercial Loans, and Down Payment Assistance
loan programs.
ROI 1606
RO/ 1605
AGR 08-127
AGR 08-128
AGR 08-129
Bakersfield, California, July 30, 2008 -Page 4
4. CONSENT CALENDAR continued
t. Agreement with Soils Engineering, Inc. (not to
exceed $873,120) to clean up City owned property
at 1433 Union Avenue (former Navy Oil site).
u. Improvements for maintenance and repair of Oak
Street Bridge between Truxtun Avenue and
California Avenue:
1. Agreement with RBF Consulting ($44,600) to
provide engineering and design services for
project.
2. Appropriate $50,000 Gas Tax Fund balance
to the Public Works Department's Capital
Improvement Budget.
v. Amendment No. 1 to Agreement No. 07-066 with
CMX Sports Engineers, LLC ($515,520; revised not
to exceed $1,225,520) for design development and
construction documents of Phase 1 (8 soccer fields)
for the Sports Village located on the north side of
Taft Highway between Gosford Road and Ashe
Road.
w. Amendment No. 1 to Agreement No. 07-196 with
Jim Alfter Cement Contractor ($2,000,000; revised
not to exceed $4,000,000) and extending the term
to August 6, 2009 for concrete construction.
x. Amendment No. 3 to Agreement No. 04-002 to
assign interest from Maya Cinemas North America,
Inc. to Maya Bakersfield, LLC.
Bids:
y. Accept bid and award contract to Superior Pipelines
Inc. ($263,872.95) for construction of waterline
extension to Wastewater Treatment Plant No. 3.
z. Traffic signal and lighting system installation on P
Street at Belle Terrace:
1. Accept bid and award contract to A-C
Electric ($182,649.50) for project.
2. Appropriate $28,330 Federal Congestion
Management Air Quality funds to the Public
Works Department's Capital Improvement
Budget within the SAFETEA-LU Fund.
3. Appropriate $46,670 Gas Tax Fund Balance
to the Public Works Department's
Capital Improvement Budget.
ACTION TAKEN
AGR 08-130
AGR 08-131
AGR 07-066(1)
AGR 07-196(1)
AGR 04-002(3)
ABS COUCH
AGR 08-132
AGR 08-133
Bakersfield, California, July 30, 2008 -Page 5
4. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
aa. Appropriate $57,741 State Grant Revenues
(S.T. E. P. Grant from the State Office of Traffic
Safety) to the General Fund Police Operating
Budget, to fund overtime for traffic enforcement
strategies and to purchase equipment for the Traffic
Division.
bb. CAL-GRIP Grant Appropriations for the Police
Department:
1. Appropriate $154,052 State Grant Revenues
(Office of Emergency Services) to the
Capital Outlay Fund Budget.
2. Appropriate $231,078 seized asset revenues
to the Capital Outlay Fund Budget.
cc. Department of Housing & Urban Development HUD)
Community Development Block Grant and HOME
Investment Partnership Action Plan Amendment No.
1 (FY 08/09), Amendment No. 3 (FY 07/08),
Amendment No. 5 (FY 06/07), Amendment No. 5
(FY 05/06), Amendment No. 6 (FY 04/05) and
Amendment No. 8 (FY 03/04).
dd. Appropriate $60,233 State Grant Revenue for the
Waste Tire Enforcement Grant Program to the
Development Services Operating Budget in the
General Fund.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income to
himself and to his employer, on item 4.x.
Motion by Vice Mayor Hanson to approve Consent APPROVED
Calendar items 4.a. through 4.dd.
CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No. 07-
0761; Edward Garrone, representing McKinzie Real
Estate, has applied for a general plan amendment
and zone change on 17.5 acres located on the
northeast corner of Union Avenue and Panama
Lane.
Bakersfield, California, July 30, 2008 -Page 6
5. CONSENT CALENDAR HEARINGS continued
Item 5.a. continued
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
17.5 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 (Zone Map No. 124-20) of the Municipal
Code by changing the zoning from R-1 (One
Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 17.5 acres.
b. General Plan Amendment/Zone Change No. 07-
1541; KSA Group Architects, representing
Protestant Episcopal Bishop of San Joaquin
(property owner) has applied for a general plan
amendment and zone change on 7.69 acres located
southeast of Mt. Vernon Avenue and State Route
178.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from OC (Office Commercial) to
GC (General Commercial) on 7.69 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title 17
(Zone Map No. 103-22) of the Municipal
Code by changing the zoning from R-1 (One
Family Dwelling) and R-3 (Multiple Family
Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 7.69 acres.
c. General Plan Amendment/Zone Change No. 06-
0494; McIntosh and Associates, representing
Douglas DeBerti and Sandye DeBerti (property
owners) has applied for a general plan amendment
and zone change on 60 acres located on the east
side of Edison Road (future), '/z mile north of
Breckenridge Road.
ACTION TAKEN
RES 120-08
FR
RES 121-08
FR
WITHDRAWN FOR
CONSIDERATION
Bakersfield, California, July 30, 2008 -Page 7
5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 5.c. continued
1. Resolution denying the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
Petroleum) and OS (Open Space) to LR
(Low Density Residential) on 60 acres.
2. Resolution denying the amendment to Title
17 (Zone Map No. 104-28) by changing
the zoning from A (Agriculture) to R-1 (One
Family Dwelling) on 60 acres.
d. General Plan Amendment/Zone Change No. 08-
0612; E&R Surveying & Consulting, representing
Edward and Joseph Kosareff (property owners) has
applied for a general plan amendment and zone
change on approximately 6.2 acres generally
located along the north side of Rosedale Highway,
generally between Allen Road and Jenkins Road.
Resolution approving the Negative RES 122-08
Declaration and adopting the general plan
amendment changing the land use
designation from UER (Urban Estate
Residential) to OC (Office Commercial) on
6.2 acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 (Zone Map No. 101-23) of the Municipal
Code by changing the zoning from A
(Agriculture) to C-O/PCD (Professional and
Administrative Office/Planned Commercial
Development) on 6.2 acres.
e. General Plan Amendment/Zone Change No. 08-
0590; Mark J. Smith, representing Langley World
Properties, LLC (property owner) has applied for a
general plan amendment and zone change on 4.68
acres located at the southwest corner of Langley
Road and EI Toro Viejo Road (future).
Resolution approving the Negative RES 123-08
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to LI (Light Industrial) on 4.68
acres.
Bakersfield, California, July 30, 2008 -Page 8
5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 5.e. continued
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 (Zone Map No. 102-29) of the Municipal
Code by changing the zoning from R-1 (One
Family Dwelling) to M-1 (Light
Manufacturing) on 4.68 acres.
General Plan Amendment/Zone Change No. 07-
2271; Ordiz-Melby Architects, representing
St. Johns Lutheran Church of Bakersfield (property
owner) has applied for a general plan amendment
and zone change on approximately 25.17 acres
generally located north of Harris Road and east of
Buena Vista Road.
Resolution approving the Negative RES 124-08
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to LR (Low Density Residential) on 13.37
acres and from HMR (High Medium Density
Residential) to LR on 11.80 acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title 17
(Zone Map No. 123-18) of the Municipal
Code by changing the zoning from C-2
(Regional Commercial) to R-1 CH (One
Family Dwelling/Church Overlay) on 13.37
acres and from R-2 (Limited Multiple Family
Dwelling) to R-1 CH on 11.80 acres.
City Clerk McCarthy announced correspondence
was received from Roger McIntosh, on behalf of
applicant, requesting Item c. be withdrawn for
consideration.
Hearings opened at 5:19 p.m.
No one spoke.
Hearings closed at 5:19 p.m.
Motion by Vice-Mayor Hanson to approve staff gppROVED
recommendations for Consent Calendar Hearing items
5.a. through 5.f. with the deletion of 5.c.
Bakersfield, California, July 30, 2008 -Page 9
CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. City v. North Kern Water Storage
District, et al. Kern County Superior Court
Case No. S-1500-CV-260360-AEW Tulare
County Superior Court Case No. 224933
2. Michael Freedman v. City Kern County
Superior Court Case No. S-1500-CV-
261544-AEW
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
c. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(C) of Government Code Section 54956.9.
(One claim)
ACTION TAKEN
Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:20 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed APPROVED
Session at 6:58 p.m.
RECONVENED MEETING - 7:10 p.m.
7. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan, Scrivner
Absent: None
8. INVOCATION by Councilmember Carson.
9. PLEDGE OF ALLEGIANCE by Hailey Reza, 3`d Grade
Student at Our Lady of Guadalupe School.
10. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
Bakersfield, California, July 30, 2008 -Page 10
10.
11.
12
CLOSED SESSION ACTION continued ACTION TAKEN
Item a. continued
1. City v. North Kern Water Storage STAFF GIVEN
District, et al. Kern County Superior Court DIRECTION
Case No. S-1500-CV-260360-AEW Tulare
County Superior Court Case No. 224933
2. Michael Freedman v. City Kern County STAFF GIVEN
Superior Court Case No. S-1500-CV- DIRECTION
261544-AEW
b. Conference with Legal Counsel -Potential STAFF GIVEN
Litigation; Closed Session pursuant to DIRECTION
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
c. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision NO REPORTABLE
(b)(1)(3)(C) of Government Code Section 54956.9. ACTION
(One claim)
PRESENTATIONS
None.
PUBLIC STATEMENTS
Terence Steven Fischer spoke regarding a traffic ticket.
Councilmember Sullivan asked staff to follow-up on
this matter.
13. REPORTS
None.
14.
HEARINGS
a. General Plan Amendment/Zone Change No. 06-
1052; Maurice J. Etchechury, representing The John
M. Antongiovanni Trust (property owner) has
applied for a general plan amendment and zone
change on approximately 20 acres located at the
southwest corner of Panama Lane and Ashe Road.
RES 125-08
1. Resolution making findings and certifying the
Final Environmental Impact Report (EIR) for
GPA/ZC No. 06-1052.
RES 126-08
2. Resolution adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
approximately 20 acres.
Bakersfield, California, July 30, 2008 -Page 11
14. HEARINGS continued
Item a. continued
3. First Reading of Ordinance amending Title
17 (Zone Map No. 123-28) of the Municipal
Code by changing the zoning from R-1 (One
Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on approximately 20 acres.
City Clerk McCarthy announced correspondence
was received from John Farrow, with M. R. Wolfe, in
opposition to approval of this item.
Development Services Director Grady made staff
comments.
Hearing opened at 7:28 p.m.
Mary Jane Wilson, president of WZI, spoke in
support of the staff recommendation and provided
written material.
Dee Walters spoke in support of the staff
recommendation.
Hearing closed at 7:45 p.m.
Motion by Councilmember Sullivan to adopt the
resolutions and give first reading fo the
ordinance.
15. DEFERRED BUSINESS
None.
16. NEW BUSINESS
None.
17. COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Hanson assumed the meeting as Mayor Hall
had to leave.
Councilmember Benham provided written
correspondence from a Cherry Street resident
requesting review of the rules regarding dog attacks,
specifically first attacks by a dog, and requested it be
added to an upcoming Legislative and Litigation
Committee agenda.
ACTION TAKEN
FR
APPROVED
Bakersfield, California, July 30, 2008 -Page 12
ACTION TAKEN
17. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Benham requested Legislative and
Litigation Committee consider an ordinance regarding
nuisance parties in order to be consistent with the
County, and provided written documentation from
Supervisor Mike Maggard.
Councilmember Couch turned in a couple of referrals
and asked staff to give him a call.
Councilmember Couch requested staff provide a status
report on the Landco Grade Separation at Rosedale
Highway.
Councilmember Sullivan requested staff look into
several vacant houses, one with a pool problem and
the other with code enforcement issues, and advised
she will call with the addresses.
Vice-Mayor Hanson requested a report from staff
regarding cities that profit from recycling efforts.
18. ADJOURNMENT
Vice-Mayor Hanson adjourned the meeting at 7:50 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:\Council\MINUTES\2007\November 28.doc