HomeMy WebLinkAbout11/19/08_CC_AGENDA_PACKETAGENDA HIGHLIGHTS
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'~" November 19, 2008 COUNCIL MEETING
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REGULAR MEETING - 5:15 n.m.
CONSENT CALENDAR
Ordinances
Item 4c. First Reading of an Ordinance Amending the Municipal Code by Changing the Zoning From
PCD (Planned Commercial Development) to Revised PCD on 3 87 Acres at the WesterlYTerminus of
West Jeffrey Street: West of Union Avenue. This zone change is to allow for the redesign of an
approved ministorage project at the above mentioned location. On October 16, 2008, the Planning
Commission held an advertised public hearing on this zone change request and recommended adoption
by the City Council. Two individuals spoke in opposition to the project at the hearing. Those in
opposition raised concerns related to traffic, noise, the number of available mini-storage facilities in the
vicinity and Kit Fox impacts.
Item 4d. First Reading of an Ordinance Amending the Municipal Code by Chapping the Zoning from A
(Agriculture) Zone to C-2 (Regional Commercial) Zone on 4 5 Acres and from A (Agriculture) to R 1 (One
Family Dwellinq) Zone on 2014 Acres Located at the Southwest Corner of Taft Highway and Chevalier
Road. The reason for this pre-zoning is to obtain General Plan consistency and to allow for the
development of commercial and single family residences on the project site. On October 2, 2008, the
Planning Commission held an advertised public hearing on this zone change request and recommended
adoption by the City Council. No one spoke in opposition to the project at the hearing.
Item 4g. Amendment No. 4 to Agreement No 97-39 with the Public Employees' Retirement System
PERS . This amendment implements a recently negotiated item to the City's agreement with the Blue
and White Collar, Miscellaneous Supervisory and Miscellaneous Management Units regarding the PERS
retirement formula. This amendment changes the current PERS retirement formula for this group of
employees from 3% ~ 60 (Section 21354) to 2.7% ~ 55 (Section 21354.5). In addition, this
amendment will also change the final compensation period from one-year final compensation (Section
20042) to a three-year final compensation period (Section 20037). This amendment will affect all new
hires in this group, upon implementation.
Agreements
Items 4t., 4u., and 4v. Agreements Related to the Westside Parkway Project. The first item is a
Settlement Agreement with JP/CP, Inc. to purchase real property located west of Coffee Road, south of
Brimhall Road and north of the Kern River in the amount of $615,000.
The second item is a Settlement Agreement with Chevron, U.S.A. for the relocation of facilities near
Mohawk Street. No money changes hands in this agreement. In exchange for the removal of certain
pipelines by Chevron, the City will require the installation of casings, which would accommodate future
pipelines for Chevron, as part of the construction of the Mohawk Street portion of the Westside Parkway.
The third item is an amendment to an agreement with AECOM USA, INC (formerly DMJM Harris Inc.) for
engineering design services for the Westside Parkway. This amendment is for the completion of design
for the remaining phases of the project in the amount of $4,712,207.
Item 4w. Amendment No. 2 to Agreement No. 03-310 for Emolovment of Virginia Gennaro as City
Attornev. On November 5, 2008, the City Council conducted its yearly evaluation of the City Attorney.
As a result of the review, the Council directed that the City Attorney's contract be amended to provide the
benefits and salary adjustment at the rates identified and approved in the recent MOU for the City's
Management Group.
Bids
Items 4aa., 46b., 4cc, and Odd. Mill Creek Linear Park Project. The first item is to award a contract to
Whitaker Contractors, Inc. for the construction of the Mill Creek Linear Park Phase 2 Canal Facilities, in
the amount of $763,727. A total of three bids were received.
The second item is to award a contract to Kern Pacific Construction Co. for the construction of the Mill
Creek Linear Park Phase 4 Canal Facilities, in the amount of $1,343,700.50. A total of two bids were
received.
The third item is to award a contract to Granite Construction Co. for the construction of the Mill Creek
Linear Park Phase 5A Canal Facilities, in the amount of $856,856. A total of one bid was received.
The final item is to award a contract to Granite Construction Co. for the construction of the Mill Creek
Linear Park Phase 56 Canal Facilities, in the amount of $777,777. A total of two bids were received,
both were acceptable.
Item Off. Award Contract to Security Paving Company. Inc. to Construct the Westside Parkwav Phase I
- Mohawk Street Extension Proiect (TRIP) in the amount of $27.728 219.81. This project involves the
construction/widening of Mohawk Street from Truxtun Avenue to Rosedale Highway. Bridges will be
constructed over the Kern River, the BNSF railroad and the future Westside Parkway. The roadway will
include provisions for the on and off ramp connections to the future Westside Parkway. Also included in
this project are extensions of the City water and sewer lines in Mohawk Street north to Rosedale
Highway. To cover the cost of extending both these lines, funds will be appropriated from the Sewer
Enterprise Fund ($600,000) and the Domestic Water Fund ($1,435,000). A total of eight bids were
received. The low bid is far below the engineer's estimate of $48 million. The savings will be used in the
next phase of the project, which will now go from Mohawk to Calloway Drive.
Item Ogg. Award Contract to Rock Bottom. Inc. for the Irrigation Improvements at Aera Park in the
amount of $619.874. This project consists of constructing the irrigation system. In addition, this project
will install drinking fountains, safety lighting adjacent to walkways and conduit for future sports field
lighting. A total of eleven bids were received.
Item 4hh. Award Contract to Michels Corporation to Construct the Base Bid Portion of the Sewer
Rehabilitation Gosford Road -McCutchen Road to District Boulevard Proiect in the amount of
$1.902.718. This project consists of rehabilitating 11,000 lineal feet of reinforced concrete sewer pipe
and 21 reinforced concrete sewer manholes. The project also includes constructing four new manholes
along Gosford Road between McCutchen Road and District Boulevard. A total of four bids were
received.
Agenda Highlights -November 19, 2008 Council Meeting
Page 2
Miscellaneous
Item 411. Appropriate $4.804.995 Proposition 1 B State Transportation Grant Revenue These funds
represent the City's share of the remaining $441 million in Proposition 1 B funds available to California
cities for local transportation projects. These funds will be appropriated for street improvements to White
Lane, from Dovewood Street to Wible Road ($2,500,000) and to 8tockdale Highway, from the Country
Club entrance to Ashe Road and from California Avenue to Weatherly Drive ($2,304,995).
CONSENT CALENDAR HEARINGS
Item 56. Public Hearing to Consider a Resolution Ordering the Vacation of 17th Street Between R Street
and S Street for the Development of the Mill Creek Linear Park Phase 5A The street is being vacated to
allow for the conversion of the Kern Island Canal into a pleasing waterway with fronting park amenities.
The proposed vacation was approved by the Planning Department on October 13, 2008. One objection
letter was received from Congregation B'Nai Jacob (CBJ). The City provided a response letter to CBJ on
November 13, 2008 detailing the actions taken by the City to address the concerns cited in the CBJ
letter. These actions included a reduction in the section being vacated to allow for the continuation of on
street parking in the area in front of CBJ.
Item 5j. Public Hearing to Consider a General Plan Amendment2one Change on Approximately 103
Acres Located West of South H Street. Between Berkshire Road and Hosking Avenue East of State
Highway 99. The applicant has requested this project be deferred to the next general plan cycle. Staff is
in agreement with the request.
CLOSED SESSION
There,will be a conference with the labor negotiator as well as a conference with legal counsel regarding
one case of existing litigation.
CONTINUATION OF REGULAR MEETING - Acnroximately 6:30 n.m.
PRESENTATIONS
Item 11a. Presentation by Javier Lozano. Human Resources Manager. to Department Winners of the
2008 Employee Excellence in Action Awards and the Extra Mile Award in Recognition of Outstanding
Service to the Citv. This presentation is the annual acknowledgment of City employees who have
demonstrated outstanding service to the City.
REPORTS
Item 13a. Department of Housing & Urban Development (HUD) Action Plan Amendment No. 3 lFY
08/09) 8~ Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization Program (NSP~
Fun s. The NSP was established under the federal Housing and Economic Recovery Act of 2008 and
the City has been allocated $8,982,836 under this program. The Substantial Amendment outlines the
activities to be undertaken by the City to address congressionally identified needs of abandoned and
foreclosed homes in targeted areas within the City.
Item 136. Update of Fiscal Year 2008-2009 Budget. Staff will present an update of the FY 2008-09
Budget, including an overview of current revenue trends and proposed expenditure reduction measures
necessary in light of these trends.
Agenda Highlights -November 19, 2008 Council Meeting
Page 3
HEARINGS
Item 14a. AD~eal Hearing Regarding a Zone Change on 0 238 Acres Located at the Northeast Corner
of Belle Terrace and Fiorito Street. The Planning Commission conducted a public hearing regarding a
zone change from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on
the above referenced property. Four nearby property owners attended the hearing. and spoke in
opposition to the proposed mufti-family use. Their concerns included issues relating to increased traffic
and lack of street parking in the neighborhood. The project has been appealed by Cynthia Thompson
who submitted a petition with 90 signatures in opposition to the zone change. The Planning Commission
recommended approval to the City Council on a 4-2 vote. Staff recommends adoption of a Negative
Declaration, denying the appeal and give first reading of the ordinance.
Item i46. Appeal Hearina Reaardina a General Plan Amendment /Zone Chance on 8 14 Acres Located
on the Northeast Corner of Monitor Street and Hosking Avenue The Planning Commission conducted a
public hearing regarding a general plan amendment, changing the land use designation from LR (Low
Density Residential) to HR (High Density Residential), and a zone change from R-1 (One Family
Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on the above referenced
property. Staff made a presentation of the proposed project and recommended approval to the Planning
Commission. Several individuals, including representatives of two school districts, opposed the proposal
at the hearing. The Planning Commission recommended denial to the City Council based primarily on
concerns over traffic congestion, pedestrian safety, high density, and incompatibility of the project given
its proximity to nearby schools. A letter appealing the denial of this project was received in the City
Clerk's office on October 10, 2008. Staff recommends adoption of resolutions approving the Negative
Declaration, denying the appeal, the general plan amendment and zone change.
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Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -November 19, 2008 Council Meeting
Page 4
E_ ~ ~ ~~~'`'~ BAKERSFIELD CITY COUNCIL
_ ~ AGENDA
,,~ MEETING OF NOVEMBER 19, 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
3. APPOINTMENTS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 5, 2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from October 24, 2008 to November 6, 2008 in the
amount of $11,218,033.32 and self-insurance payments from October 24, 2008 to November
6, 2008 in the amount of $194,018.72.
Ordinances:
(Ward 2) c. First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 103-19) of the
Municipal Code by changing the zoning from PCD (Planned Commercial Development) to
revised PCD on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of
Union Avenue (ZC #08-0595 -Hughes Surveying representing Sigford Investment, LLC).
(Ward 7)' d. First Reading of Ordinance amending Section 17.06.020 (Zone Map 143-06) of the Municipal
Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone
on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres
located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 -
Moreland Consulting Inc. representing Mid Town Development).
(Ward 3) e. Adoption of ordinance approving a Negative Declaration and amending Section
17.06.020 Gone Map No. 103-22) of the Municipal Code by changing the zoning from R-1
(One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial
Development) on 8.41 acres located on the north side of Mall View Road, south of Highway
178, approximately 1/4-mile west of Oswell Street. (ZC #08-0472 - KSA Group Architects
representing Gardens at East Hills, LLC) (FR 11/05/08)
(Ward 1) f. Adoption of Ordinance amending Municipal Code Section 1.12.010 by adding
Annexation No. 581 consisting of 77.72 acres, located on the east side of Fairfax Road,
south of Retibank Road to Ward 1. (FR 11/05/08)
g. Amendment No. 4 to Agreement No. 97-39 with Public Employees' Retirement System
(PERS):
Adoption of Ordinance authorizing an amendment to the Contract of Administration of
the Public Employees' Retirement System to provide Section 21354.5 (2.7% ~ 55 full
formula) and Section 20037 (three year final compensation) for the local
miscellaneous members. (FR 10/22/08)
2. Agreement with the Public Employees' Retirement System to provide Section
'upon annexation 21354.5 (2.7% ~ 55 full formula) and Section 20037 (three year final compensation).
4. CONSENT CALENDAR continued
Resolutions:
h. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City of 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 5) i. Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 610 consisting of 186.70 acres, located at
the southwest corner of Old River Road and Taft Highway.
(Ward 4) j. Resolution ordering the summary vacation of a public road easement dedication, two storm
drain easements and a sewer easement south of Brimhall Road and approximately 701.50
feet west of Coffee Road.
k. Master Agreement with the State of California, Department of Transportation (Caltrans) for
State Funded Projects:
Resolution authorizing the Public Works Director or designee to execute Program
Supplemental Agreements and any amendments to those particular agreements with
Caltrans in order to receive state funding for transportation projects.
2. Agreement with Caltrans (Master Agreement No. 00210S).
Hazardous Materials Emergency Preparedness (HMEP) Grant:
1. Resolution approving the application for the HMEP Grant.
2. Amend Agreement with Robert Olson (not to exceed $66,805.00) for the completion
of Emergency Operating Plan and requisite training.
m. Local Emergency Planning Commission (LEPC) Hazardous Materials Emergency
Preparedness (HMEP) State Grant:
1. Resolution approving the application for the LEPC Grant.
2. Appropriate $25,000.00 to the Fire Department Operating Budget in the General
Fund.
(Ward 3) n. Resolution of Intention No. 1627 to add territory, Area 4-89 to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving the Public Works Director's
Report.
(Ward 7 & 2) o. Resolution of Intention (ROI) forming Traffic Signal Maintenance Districts and preliminarily
adopting, cc~rifirming and approving the Public Works Director's Report:
Resolution of Intention No. 1626 to form area TS-18 (NW corner of S. "H" Street and
Berkshire Rd).
2. Resolution of Intention No. 1628 to form area TS-15 (420 34th Street).
2 City Council Meeting of 11/19/08
4. CONSENT CALENDAR continued
Agreements:
(Ward 1) p. Final Map and Improvement Agreement with Community Action Partnership of Kern for
parcel map 11782 located south of East Brundage Lane and west of South Washington
Street.
q. License Agreement with CompuCom Systems, Inc. ($230,259.41) to provide microsoft
licenses for 1,029 computers.
r. Sump Easement and Common Use Agreement with the City, Kern Delta Water District, the
Davis Family Trust and Panama and Gosford Retail, LLC.
(Ward 2) s. Utility Agreerhent with Southern California Gas Co. ($130,906.00) for the relocation of a high
pressure gas pipeline across the Friant Kern Canal. (TRIP).
(Ward 4) t. Settlement Agreement with JP/CP, Inc. ($615,000.00) to purchase real property for the
Westside Parkway Project located west of Coffee Road, south of Brimhall Road and north of
the Kern River.
(Ward 2) u. Settlement Agreement with Chevron, USA for relocation of facilities near Mohawk Street as
part of the Westside Parkway Project.
(Ward 2) v. Amendment No. 1 to Agreement No. 07-082 with AECOM USA, INC (formerly DMJM Harris,
Inc.) ($4,712,207.00) for Engineering Design Services for the Westside Parkway Project.
w. Amendment No. 2 to Agreement No. 03-310 for employment of Virginia Gennaro as City
Attorney.
(Ward 1) x. Amendment No. 3 to Agreement No. 06-391 with Bradco Industrial Corporation
($100,000.00; not to exceed $1,059,000.00) and extending term for one (1) year for wood
grinding and screening for Solid Waste Division.
(Ward 6) y. Wastewater Treatment Plant #3 - 2007 Expansion Project:
1. Contract Change Order No. 3 to Agreement No. 07-302 with Kiewit Pacific
Corpt~ration ($393,003; total not to exceed $211,919,020.00)
2. Transfer $393,003.00 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department's Capital Improvement
Budget.
Bids:
(Ward 1 & 6) z. Accept bid and award contract to Precision Fertilizer Spreading (not to exceed $110,250.00)
for the annual service -Hauling and Spreading Biosolids.
(Ward 2) aa. Accept bid and award contract to Whitaker Contractors, Inc. ($763,727.00) for the
construction of the Mill Creek Linear Park Phase 2 canal facilities.
(Ward 2) bb. Accept bid and award contract to Kern Pacific Construction Co. ($1,343,700.50) for the
construction of the Mill Creek Linear Park Phase 4 canal facilities.
(Ward 2) cc. Accept bid and award contract to Granite Construction Co. ($856,856.00) for the construction
of the Mill Creek Linear Park Phase 5A canal facilities.
3 City Council Meeting of 11/19/08
4. CONSENT CALENDAR continued
(Ward 2)
(Ward 2)
(Ward 2)
(Ward 5)
(Ward 3 & 6)
(Ward 7)
dd. Accept bid and award contract to Granite Construction Co. ($777,777.00) for the construction
of the Mill Creek Linear Park Phase 5B canal facilities.
ee. Accept bid and award contract to Loop Electric., ($314,475.00) for street light conduit/wire
installation on 17th, 18th and 19th Streets from "L" Street to Union Avenue.
ff. Westside Parkway Phase I -Mohawk Street Extension Project (TRIP):
1. Accept low base bid and award contract to Security Paving Company, Inc.
($27,728,219.81) to construct the Westside Parkway Phase I.
2. Appropriate $600,000.00 Sewer Enterprise fund balance (Wastewater Treatment
Plant No. 3) to the Public Works Department's Capital Improvement Budget for
construction of the sewer line portion of this project.
3. Appropriate $1,435,000.00 Domestic Water Fund balance to the Water Department's
Capital Improvement Budget for the water line portion of the project.
gg. Accept bid and award contract to Rock Bottom, Inc. ($619,874.00) for the Irrigation
Improvements at Aera Park project.
hh. Accept bid and award contract to Michels Corporation ($1,902,718.00) to construct
base bid portion of the sewer rehabilitation Gosford Road-McCutchen Road to District
Boulevard Project.
Accept bid and award contract to Woeste Electric, Inc. ($84,193.26) for the traffic signal and
lighting system installation project at Hosking Avenue and Monitor Street.
Miscellaneous:
jj. Appropriate $61,430.00 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating
Budget to help fund Police Activities League crime prevention and education programs.
kk. Appropriate $32,239.68 Federal Grant Revenues (FY2009 Sobriety Checkpoint Mini-Grant
Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget,
to fund overtime DUI checkpoints in the Traffic Division.
(Ward 1,2 & s) II. Appropriate $4,804,995 Proposition 1 B, State Transportation Grant Revenue:
Appropriate $2,500,000 Proposition 1 B funds to the Public Works Department's
Capital Improvement Budget within the Gas Tax Fund for the street improvements,
White Lane from Dovewood Street to Wible Road Project.
2. Appropriate $2,304,995 Proposition 1 B funds to the Public Works Department's
Capital Improvement Budget within the Gas Tax Fund for the street improvements,
Stockdale Highway from Country Club Entrance to Ashe Road and from California
Highway to Weatherly Drive Project.
Staff recommends adoption of Consent Calendar items a through ll.
5. CONSENT CALENDAR HEARINGS
(Ward 2) a. Public Hearing to consider Resolution ordering the vacation of San Dimas Street south of
34th Street to the alley (Parcel B) and an area measuring 214 square feet south of the alley
(Parcel A) and the alley south of 34th Street and east of San Dimas Street (Parcel C). (Staff
recommends adoption of resolution.)
4 City Council Meeting of 11/19/08
5. CONSENT CALENDAR HEARINGS continued
(Ward 2) b. Public Hearing to consider Resolution ordering the vacation of 17th Street between "R"
Street and "5" Street for the development of the Mill Creek Linear Park Phase 5A. (staff
recommends adoption of resolution.)
c. Public Hearing to consider Resolution amending the City's Non-disposal Facility Element of
the Countywide Integrated Waste Management Plan by updating facility information. (staff
recommends adoption of resolution.)
(Ward 6 & 7)' d. General Plan Amendment/Zone Change 07-1806; Scott Underhill and Mark Smith,
representing Ashe Road, LLC, the property owners, have applied for a general plan
amendment and zone change on 18.53 acres located at the southwest corner of Taft
Highway (SR 119) and Stine Road. (Staff recommends adoption of resolution and give first reading
of ordinance.)
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 18.53 acres.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 142-03 from R-1 (One Family
Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on
18.53 acres.
e. General Plan Amendment No. 08-1033; the City has requested a general plan amendment to
incorporate lend use and circulation map changes previously adopted by the County Board
Of Supervisors. (Staff recommends adoption of resolution.)
1, Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate land use and circulation map changes approved by the
County of Kern.
(Ward 7)' f. General Plan Amendment/Zone Change 08-1036; Marino & Associates, representing the
Citygate Christian Center, the property owner, has applied for a general plan amendment
and zone change on approximately 6.36 acres located between the 99 freeway and
Ellashosh Street, south of MCKee Road. (Staff recommends adoption of resolution and give first
reading of ordinance.)
1. Resolution adopting the general plan amendment changing the land use designation
from R-IA (Resource -Intensive Agriculture) to LR (Low Density Residential) on
approximately 6.36 acres.
2. First reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to R-1-CH (One
Family Dwelling with Church Overlay) on approximately 6.36 acres.
(Ward 4) g. General Plan Amendment No. 08-1045; the City has requested to amend the Circulation
Element of the Metropolitan Bakersfield General Plan on the project site located in the Kern
Water Bank Area generally west of South Allen Road between Stockdale Highway and Taft
Highway. (Staff recommends adoption of resolution.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to the city's circulation element maps deleting street alignments and
changing major street designations within the Kern Water Bank Area.
' -upon annexation
5 City Council Meeting of 11 /19/08
5. CONSENT CALENDAR HEARINGS continued
(Ward 4) h. General Plan Amendment No. 08-1128; Maurice Etchechury of Summit Engineering, on
behalf of M&S Land Company, LLC, has applied for an amendment to the Circulation
Element of the Metropolitan Bakersfield General Plan and Specific Plan Line amendment for
Allen Road south of Seventh Standard Road, and Etchart Road east of Allen Road. (sraff
recommends adoption of resolution.)
Resolution approving the Negative Declaration and adopting the amendment to the
Circulation Element of the Metropolitan Bakersfield General Plan and Specific Plan
Line Amendment to realign Allen Road south of Seventh Standard Road and Etchart
Road east of Allen Road on the circulation map.
(Ward 3) i. General Plan Amendment/Zone Change 08-1168; Todd Smith of Cannon Associates,
representing Trimco, LLC, the property owners, have applied for a general plan amendment
and zone change on approximately 60 acres generally located northeast of Morning Drive
and Paladino Drive and a Specific Plan Line amendment for Morning Drive. (Staff recommends
adoption of resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-MP (Resource - Minnerals &
Petroleum) to LI (Light Industrial) on approximately 47 acres, and R-MP to HMR
(High=Medium Density Residential) on approximately 14 acres, and a Specific Plan
Line Amendment for Morning Drive.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-07 from A (Agriculture) to M-
1 (Light Manufacturing) on 47 acres, and A to R-2 (Limited Multi-Family Dwelling) on
approximately 14 acres.
(Ward 7) ~. General Plan Amendment/Zone Change 07-0655; Dave Dmohowski, Planning Premier
Group, representing Woodmont Bakersfield, LLC, and John Giumarra Jr., the property
owner, has applied for a general plan amendment and zone change on approximately 103
acres located west of South "H" Street, between Berkshire Road and Hosking Avenue, east
of State Highway 99.
1. Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change 07-0655 (Bakersfield Gateway
Project).
2. Resolution adopting the general plan amendment changing the land use designation
from LR (Low Density Residential), LMR (Low Medium Density Residential), and
HMR (High Medium Density Residential) to GC (General Commercial) on
approximately 77 acres and to change the circulation map by eliminating the collector
segment (future Colony Street alignment) that transverses in a north-south direction
through the project site.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Map
No. 123-25 from R-1 (One Family Dwelling) and C-2 (Regional Commercial) to C-
2/PCD (Regional Commercial/Planned Commercial Development) on approximately
103 acres. (Staff recommends deferral of the proposed project to the next general
plan cycle.)
6. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
6 City Council Meeting of 11/19/08
6. CLOSED SESSION continued
b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following case:
Sierra Club v. City, et al.; Ten Section, LLC
Kern County Superior Court Case No. S-1500-CV-263456 KCT
RECONVENED MEETING -approximately 6:30 p.m.
7. ROLL CALL
8. INVOCATION by Pastor Leon Frost, United Pentecostal Church.
9. PLEDGE OF ALLEGIANCE by Stephen Bush, 4th Grade Student at Thorner Elementary School.
10. CLOSED SESSION ACTION
11. PRESENTATIONS
a. Presentation by Javier Lozano, Human Resources Manager, to department winners of the
2008 Employee Excellence in Action Awards and the Extra Mile Award in recognition of
outstanding service to the City.
b. Presentation by Parsons of $20,000.00 donation for enhanced landscaping at Aera Park and
donation of landscape architectural design for six Sister City Pavillions at Mill Creek Linear
Park.
12. PUBLIC STATEMENTS
13. REPORTS
a. Department of Housing & Urban Development (HUD), Action Plan Amendment No. 3 (FY
08/09) & Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization
Program funds.
Staff recommends approval and authorization of the City Manager or his designee to execute all
necessary HUD documents.
b. Update of Fiscal Year 2008-2009 Budget.
Staff recommends acceptance of report
14. HEARINGS
(Ward 6)x a. Zone Change 08-1044; Troy and Wilma Chastain, (property owners) applied for zone change
on 0.238 acres, located at the northeast corner of Belle Terrace and Fiorito Street. Cynthia
Thompson appealed the Planning Commission's decision.
First Reading of Ordinance approving the Negative Declaration, denying the appeal
and approving the Zone Change by amending Title 17 of the Municipal Code and
amending Zoning Map No. 123-02 from R-S (Residential Suburban Zone) to R-2
(Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet).
Staff recommends first reading of ordinance.
-upon annexation
7 City Council Meeting of 11/19/08
14. HEARINGS continued
(Ward 7) b. General Plan Amendment/Zone Change 08-0726; McIntosh and Associates, representing
Trend Capital Group (property owner) has applied for a general plan amendment and zone
change on 8.14 acres located on the northeast corner of Monitor Street and Hosking
Avenue. McIntosh and Associates appealed the Planning Commission's decision.
1. Resolution approving the Negative Declaration, denying. the appeal, and denying the
general plan amendment changing the land use designation from LR (Low Density
Residential) to HR (High Density Residential) on 8.14 acres.
2. Resolution approving the Negative Declaration, denying the appeal, and denying the
amendment to Title 17 of the Municipal Code and amendment to Zoning Map No.
124-80 from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on 8.14 acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
15. DEFERRED BUSINESS
16. NEW BUSINESS
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
Respectfully submitted,
~'' Alan Tandy ~J
City Manager
11/13/08 4:10 pm
8 City Council Meeting of 11/19/08
BA (~
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F
ADMINISTRATIVE REPORT
~ ~~ts
LI o
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~/, c~, .
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Clerk
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER L'S
SUBJECT: Approval of minutes of the November 5, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
~ ~,~
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 7, 2008
APPROVED
DEPARTMENT HEAD .~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from October 24, 2008 to November 6, 2008
in the amount of $11,218,033.32 and Self Insurance payments from October 24, 2008
to November 6, 2008 in the amount of $194,018.72.
RECOMMENDATION:
Staff recommends approval of payments totaling $11,412,052.04.
BACKGROUND:
RAR
November 6, 2008, 2:51 PM
S: \Richa rd\APW DM I N-AP. doc
A
ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: 4. C .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: October 22, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 103-19) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from PCD
(Planned Commercial Development) to Revised PCD (Planned Commercial
Development) on 3.87 acres located at the westerly terminus of West Jeffrey Street;
west of Union Avenue (ZC # 08-0595 -Hughes Surveying representing Sigford
Investment, LLC) (Ward 2)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On October 16, 2008, the Planning Commission held an advertised public hearing on this zone change
request and recommended adoption by the City Council. The zone change request consists of
changing the zoning on the site from PCD (Planned Commercial Development) to Revised PCD
(Planned Commercial Development) on 3.87 acres to allow redesign of an approved ministorage
project for the site.
The reason for this zone change is because the site's PCD zoning requires approval of a revised site
plan prior to development. Revisions include additional storage units, a larger tum-around area, a
smaller office, and removal of an on-site manager's residence. The proposed site plan depicts 293
storage units, 28 RV parking spaces, one office building, and 13 parking spaces, as well as
landscaping throughout the development including at the entrance, in between the storage
units, and along the RV parking areas. The site is currently undeveloped.
At the Planning Commission hearing, two individuals spoke in opposition to the project; James Schmidt,
a representative of the adjacent labor hall, and Aralda Christenson, resident of an adjacent apartment
complex. The issues raised were related to traffic and noise, the number of available ministorage
facilities in vicinity, and kit fox observed on property. The motion for approval was unanimously carried,
and the Planning Commission recommended approval of the Revised PCD zone change.
Based upon an initial environmental assessment, staff has determined the proposed project is exempt
from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332,
In-fill Development.
Prepared by MA ~ 10123/08 I s:ldanaladmins120081noN11-19-0595 t.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: , d ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~
DATE: October 30, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 143-06) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A
(Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A
(Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest
corner of Taft Highway and Chevalier Road (ZC # 08-0491 -Moreland Consulting Inc.
representing Mid Town Development) (Ward 7 upon annexation)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On October 2, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and unanimously recommended adoption by the City Council. The request is to prezone the
property from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A
(Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres for purposes of retail shops and single
family residential development, respectively. The reason for the requested prezoning is to obtain
general plan consistency and to allow for the development of commercial and single family residences
on the project site. Currently, there are no specific plans for the site; however, development of the site
could result in approximately 75 single-family residences in addition to commercial uses. No one spoke
in opposition to the project at the Planning Commission hearing.
On March 28, 2006, the Kern County Board of Supervisors approved a Negative Declaration, zone
change from A (Exclusive Agriculture) to C-2 PD (General Commercial -Precise Development
Combining) District and R-1 (Low-density Residential) District and amendment to the general plan from
RR (Rural Residential -Minimum 2.5 Gross Acres/Unit) to HC (Highway Commercial) and LR (Low
Density Residential -Less than or Equal to 7.26 Dwelling Units/Net Acre). Upon annexation, the
approval of this prezoning will bring the zoning into conformance with the Board's action and be
consistent with Metropolitan Bakersfield General Plan Land Use designation on the subject property.
Annexation (Annexation # 616/ Chevalier No. 1) procedures for this subject property have commenced
but are not completed. The site is currently within the unincorporated area of the County of Kem
annexation and is expected to be completed in the fall of 2009.
TJ / S:IDanaL4DMINS120081Nov111-19-0491 1.doc
October 30, 2008
ADMINISTRATIVE REPORT
Said Negative Declaration for the proposed project is the appropriate environmental document to
accompany project approval. In accordance with CEQA Section 15162, no further environmental
documentation is necessary because no substantial changes to the original project are proposed, there
are no substantial changes in circumstances under which the project will be undertaken and no new
environmental impacts have been identified. The project will not significantly impact the physical
environment because mitigation measures relating to cultural resources and air quality have been
incorporated into the project.
TJ / S:IDanaIADMINS120081Nov111-19-0491 1.doc
October 30, 2008
A
ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1.~, L'
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 3, 2008 CITY ATTORNEY__/I~~~
CITY MANAGER
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 Fatuity Dwelling) to G2/PCD (Regional
CommerciaUPlanned Commercial Development) on 8.41 acres located on the north side
of Mall View Road, south of Highway 178, approximately '/-mile west of Oswell Street.
(ZC # 08-0472 - KSA Group Architects representing Gardens at East Hills, LLC)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 5, 2008.
On October 2, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned
Commercial Development) zone on 8.41 acres, located in East Hills Mall on the north side of Mall View
Road, south of Highway 178, approximately'/.-mile west of Oswell Street, for purposes of commercial
development. The reason for the request is to bring the zoning into conformance with the Major
Commercial General Plan Land Use designation on the subject property, and to facilitate future
commercial development of the property. The project area would be developed as a multi screen
theater. The existing theater within East Hills Mall will be remodeled for retail space.
Gardens at East Hills, LLC and the City of Bakersfield entered into Agreement No. 06-0227 on August
16, 2006 for the sale of the western portion (approximately 3.92 acres) of the project site for future
development of a commercial project, with the desire to acquire a parking easement over the City's
remaining eastern portion of the property (approximately 4.49 acres). Subsequently, on January 30,
2008, both parties entered into Agreement No. 08-026 for the establishment of a parking easement
over the City's eastern portion of the property to allow the developer to construct parking facilities to
support the neighboring commercial project. Easement Agreement No. 6856 was recorded on May 9,
2008 as OfFcial Records Document No. 0208073616 to finalize the agreements.
November 3, 2008, 3:25PM
KShea/S:IDanaIADM/NS12008Wov111-19-0472 2.doc
ADMINISTRATIVE REPORT
The project site is currently used as a storm water retention basin and is maintained by the City of
Bakersfield Water Resources Department. The project received conditional approval of Planned
Development (PD) Review No. 08-0977 by the Planning Commission on October 2, 2008 for the
development of a 14screen motion picture theater building, adjacent parking facilities and site
improvements, and a building pad for a future 5,000 square foot restaurant on the site. PD Review No.
08-0977 conditions of approval address parking, landscaping, signage, pedestrian access, and public
services.
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 development in the area, therefore a Negative
Declaration was prepared.
Staff recommends adoption of the ordinance.
November 3, 2008, 3:25PM
KShea/S:IDana1ADM/NS12008WovN1-19-0472 2.doc
MEETING DATE: November 19, 2008 AGEND~ SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD ~'~
CITY ATTORNEY_%~~~~~--
CITY MANAGER
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section §1.12.010 by
adding Annexation No. 581 consisting of 77.72 acres, located on the east side of Fairtax
Road, south of Redbank Road to Ward 1. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 5, 2008.
This ordinance amends the ward boundary to include Annexations 581 into the corresponding
Council ward. The annexation was recently approved by LAFCO.
Annexation No. 581 is located on the east side of Fairtax Road, south of Redbank Road. The
annexation territory consists of 77.72 acres of undeveloped land. Property owner requested
annexation for development purposes and to receive city services.
S:1Annexadon\Oniinances\20081Admin adopt 11-19 581.DOC
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~,
TO: Honorable Mayor and City Council
FROM: Javier Lozano, Human ResourcManager
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Contract No. 97-39 with the Public Employees' Retirement System
~ (PERS)
1. Adoption of Ordinance authorizing an Amendment to the Contract of
Administration of the Public Employees' Retirement System to provide Section 21354.5
(2.7% ~ 55 Full formula) and Section 20037 (Three-Year Final Compensation) for the
local miscellaneous members. (First reading 10/22/2008)
2. Agreement with the Public Employees' Retirement System to provide Section
21354.5 (2.7% ~ 55 Full Formula) and Section 20037 (Three-Year Final Compensation)
f~ECOMMENDATION:
Staff recommends adoption of the Ordinance and approving the amendment to the Agreement.
BACKGROUND:
This amendment implements a recent negotiated item to the City's agreement with the Blue and
White Collar, Miscellaneous Supervisory and Miscellaneous Management Units.
The City of Bakersfield has a contract with the Public Employees' Retirement System (PERS) where
the City contributes money for retirement benefits for each regular employee following a specified
period of employment. Retirement benefits are based upon the contractual percentage, the number
of years of service and the salary of an employee. The City costs are based upon these benefits.
This Amendment under Section 20475 (Different Level of Benefits) of the PERS law, will amend the
current PERS retirement formula for this group of employees from Section 21354.3, 3% ~ 60 to
Section 21354.5, 2.7% ~ 55.
This amendment will also amend the final compensation period from Section 20042, one year final
compensation to Section 20037, a three year final compensation period. This Amendment will affect
all new hires upon implementation of this amendment.
A notice of Intention to amend our contract with PERS to allow this change to Sections 21354.5 and
20037 must be made public twice by the City Council, and then it can be adopted after at least 20
days following the first reading of the Ordinance.
Amendment to become effective November 20, 2008.
ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent '~
ITEM ~,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: October 31, 2008
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the
City for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorize collection of the
assessments by the Kem County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
APPROVED
Assessment hearing was held on November 10, 2008, by the Assistant City Manager and all
proposed charges were confirmed. The subject properties listed below were in violation of Chapter
8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned
dilapidated structures which constitute public nuisances and prohibits maintaining hazardous
weeds, debris and waste matter. The property owners were notified and failed to comply with the
notices to abate such public nuisance. After a hearing duly noticed and held before the Building
Director, the Director issued orders requiring the property owner to abate the public nuisance. The
subject properties are listed as follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
1. 910 Bank Street 010-221-15 $ 700.00
2. 1014 Collins Way 019-054-01 $ 700.00
3. 340 Daniels Lane 169-140-02 $ 2,100.00
4. 1805 Filson Street 172-043-05 $ 650.00
5. 1509 E. 9~' Street 018-062-15 $ 950.00
October 31, 2008, 8:45AM
S:\DanaWDMINS\2008\Nov\11-19-Property Abatements.doc
ADMINISTRATIVE REPORT Page 2 of 2
PROPERTY LOCATION APN COST
Ward 2/Councilmember Sue Benham
6. 501 Eye Street 009-291-10 $ 925.00
7. 3505 M Street 120-120-06 $ 850.00
8. 1215 Niles Street 015-240-04 $ 920.00
Ward 3/Councilmember Ken Weir
9. 5403 Moraga Court 365-330-23 $ 573.00
Ward 5/Councilmember Harold Hanson
10. 11102 Golden Valley Drive 497-265-12 $ 650.00
Ward 6/Coucilmember Jacauie Sullivan
11. 5716 Bridge Creek Avenue 498-611-05 $ 535.00
12. 1915 Hasti-Acres Drive 440-211-12 $ 300.00
13. 3508 Titan Lane 404-106-12 $ 900.00
Ward 7/Councilmember Zack Scrivner
14. 4300 Axminster Street 171-142-01 $ 670.00
15. 1425 Berkshire Road 516-353-01 $ 750.00
16. 2304 Brazil Avenue 514-644-01 $ 525.00
17. 3609 Canadian Street 405-203-09 $ 300.00
18. 1504 Moreland Way 413-033-12 $ 700.00
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.
October 31, 2008, 8:45AM
S:\DanaWDMINS\2008\Nov111-19-Properly Abatements.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, i ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: October 27, 2008
APPROVED
DEPARTMENT HEAD ~/~
CITY ATTORNEY-,~~1~~
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 610 consisting of 186.70 acres, located
at the southwest comer of Old River Road and Taft Highway. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City of
Bakersfield. Annexation No. 610 consists of 186.70 acres of land, located at the southwest comer of
Old River Road and Taft Highway. The proposed annexation (also known as the Bakersfield-Taft EIR
project area) is adjacent to the City limits and is within the City's Sphere of Influence boundary. The
proposal is to annex the property for development purposes and to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of
Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development."
DL:dc
S:WnnexationU2es of AppUcWdmin Draft 610.doc
of ~.,
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ADMINISTRATIVE REPORT
~L
,o
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: /~.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 4, 2008
PROVED
DEPARTMENT HEAD ''~-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the Summary Vacation of a public road easement dedication, two storm
drain easements and a sewer easement south of Brimhall Road and approximately 701.50
feet west of Coffee Road (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City has received a request for the summary vacation of a public road easement dedication, two
storm drain easements and a sewer easement located south of Brimhall Road and approximately 701.50
feet west of Coffee Road. This road was not constructed and has never been used as a street and is not
needed. The owner, JP/CP Development Inc., is developing the area and requests the road be vacated.
This dedication is eligible for summary vacation per Section 8334 of the Streets and Highways Code which
authorizes the City Council to summarily vacate an excess street right of way which is not needed 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.
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 written objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on October 21, 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.
S:\Street Vacations\Crown Point Business Center S of Brimhall\ROI 1625 Summary Vacation S Brimhall E Coffee Admin.docl0/21/08
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: L{, K.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 3, 2008
APPROVED
DEPARTMENT HEAD I~C~u
CITY ATTORNEY
CITY MANAGER ,eS
Master Agreement with the State of California, Department of Transportation (Caltrans) for
State Funded Projects:
Resolution Authorizing the Public Works Directors or Designee to execute Program
Supplemental Agreements and any amendments to those particular agreements
with Caltrans in order to receive state funding for transportation projects.
2. Agreement with Caltrans (Master Agreement No. 00210S).
RECOMMENDATION: Staff Recommends approval of the Resolution and Master Agreement.
BACKGROUND: The City of Bakersfield ("City') is eligible to receive state funding for certain
transportation projects through Caltrans. Master Agreements and Program Supplemental Agreements
need to be executed by the City and Caltrans before such funds can be claimed. Master Agreements are
general and contain all the terms of State funding and Program Supplemental Agreements are specific to
each individual project.
The last Master Agreement with the State of California was executed in 2007 but only pertained to federal
funds, and so Caltrans has prepared a new agreement which the ("City") must execute to be eligible to
receive state transportation funding. The City Council approves each project and allocated funding for
such project within the Capital Improvements Projects budget.
This resolution would authorize the Public Works Director or Designee to executive Program
Supplemental Agreements on behalf of the City, thus streamlining the approval process and allowing
expedited delivery of state-funded projects.
:mrp
G:\GROUPDAT\ADMINRPT2008\11-19\caltransmasteregreement_Admin.doc
11/6!2008 12:58:32 PM
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gc~roRN~
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~. ~,
T0: Honorable Mayor and City Council ROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: October 29, 2008 ATTORNEY
CITY MANAGER
SUBJECT: Hazardous Materials Emergency Preparedness (HMEP) Grant (all wards)
(1) Resolution approving the application for the HMEP Grant.
(2) Appropriate $28,116.00 to the Fire Department Operating Budget in the General
Fund.
(3) Amended Agreement with Robert Olson and Associates (ROA) for the
completion of the Emergency Operating Plan and requisite training- not to exceed
$66,805.00
RECOMMENDATION: Staff recommends adoption.
BACKGROUND: The Governor's Office of Emergency Services is allocating $28,116 from the
State Hazardous Materials Emergency Preparedness grant fund to the Bakersfield Fire
Department for the update of the City of Bakersfield's Emergency Operations Plan.
This plan is necessary to increase city-wide disaster preparedness and response readiness.
Phase I of this plan was performed by ROA for a contract price of $40,000. This amended
agreement increases the scope of work, compensation, and term of the original agreement. The
Emergency Operations Plan was divided into two phases due to funding constraints. The first
phase was $40,000 and $25,000 was funded through the Aboveground Petroleum Storage Act
Grant that was approved by Council April 9, 2008. This second phase will be $26,805.00. The
remaining $1,311 will be used for in-house training.
A copy of the grant application is on file at the City Clerk's office for review.
MH/HHW/s
S:\SUSANWdmin Report Word\EOP-HMEP ADMN REPORT.doc
11 /7/2008
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~'~'~~ ~rroa~~P
`~:~.mmm
MEETING DATE: November 19, 2008 I AGENDA SECTION: Consent Calendar
ITEM: ~. rYl
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
October 29, 2008
Local Emergency Planning Commission (LEPC) Hazardous Materials Emergency
Preparedness (HMEP) State Grant (all wards)
(1) Resolution approving the application for the LEPC Grant.
(2) Appropriate $25,000.00 to the Fire Department Operating Budget in the General Fund.
APPROVED
DEPARTMENT HEAD
ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: Staff recommends adoption.
BACKGROUND: The Governor's Office of Emergency Services is allocating $25,000 from the State
Hazardous Materials Emergency Preparedness grant fund to the Bakersfield Fire Department for update
of the Local Emergency Planning Commission, Regional Hazardous Materials Response Plan.
This plan will address training requirements and planning for hazardous materials incidents throughout a
seven county mutual-aid region (Kern, Tulare, Kings, Fresno, Madera, Merced, and Mariposa). The Fire
Department has not yet chosen a vendor to perform the plan.
A copy of the grant application is on file at the City Clerk's office for review.
MH/HHW/s
S:\SUSANWdmin Report Word\LEPC Admin Report.doc
11 /7/2008
OF yw Aa:
~ -'~' [n
ADMINISTRATIVE REPORT
~ ~~.~
r
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD' ~~ °°~._..
~.
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1627 to add territory, Area 4-89 to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the Public Works
Director's Report. (Ward 3)
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.
G:\GROUPDAT\AD1vIIAIRPT\2008U 1-19\ROI 1627 MD 4-89 admin.doc
A
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ADMINISTRATIVE REPORT
~ ~~,
1
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 6, 2008
Resolutions of Intention (ROI) forming Traffic Signal Maintenance Districts and preliminarily
adopting, confirming and approving the Public Works Director's Report:
1. ROI #1626 to form area TS-18 (NW corner of S. H St. and Berkshire Rd.) Ward 7
2. ROI #1628 to form area TS-15 (420 34"' St.) Ward 2
APPROVED
DEPARTMENT HEAD '
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to form a 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 operation and maintenance
of convenient traffic signal(s).
Staff is recommending the formation of the new Traffic Signal Maintenance Districts 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)
have also 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.
G:\GROUPDAT\ADMINRPT\Z008\11-19\ROI 1626 & 1628 TS-15 & TS-18 admin.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 13, 2008
SUBJECT: Parcel Map and Improvement Agreement
P ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Final Map and Improvement Agreement with Community Action Partnership of Kern,
for Parcel Map 11782 located south of East Brundage Lane and west of South
Washington Street. (Ward 1)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rg
November 13, 2008, 8:57AM
G:\GROUPDATWDMINRP112008\11-19\Map and Improvement Agreement PM 11782.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
October 29, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY v~
CITY MANAGER
License Agreement with CompuCom Systems, Inc., to provide Microsoft
Licenses for 1029 Computers in the amount of $230,259.41.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: On August 18, 2004, the Council approved a eve year Enterprise Agreement (Contract
No. 04-241) with Microsoft Corporation that allows the City to install the latest version of Microsoft
products on City computers. These products encompass server and desktop software used for producing
documents and spreadsheets and run the City's Servers, databases and website. In accordance with the
original agreement the City inventories all Microsoft licenses being utilized during the year and pays only
for those licenses being used during that period. The cost of licenses being used this year totals
$230,259.41 to cover Microsoft licenses for all computers within the City system. This amount is available
in the Information Technology operating budget.
A
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° ADMINISTRATIVE REPORT
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i
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:_ [.~. Y-
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 7, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Q
CITY MANAGER ,eS
Sump Easement and Common Use Agreement with the City of Bakersfield, Kern Delta
Water District, the Davis Family Trust and Panama And Gosford Retail, LLC
RECOMMENDATION:
Staff recommends approval of the Sump Easement and Common Use Agreement.
BACKGROUND:
This agreement is between the City of Bakersfield ("City"), Kern Delta Water District, the
Davis Family Trust and Panama And Gosford Retail, LLC.
As a condition for Davis Family Trust development of its property, the City requires a sump
to be built. In this particular development, the sump will also be used as a groundwater recharge
supply for Kern Delta. This agreement provides the terms and conditions for construction of the
sump and related facilities. After construction, the City will be responsible for maintenance and
repair to the sump, subject to partial reimbursement from Kern Delta Water District.
JAC:vI
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ADMINISTRA
TIVE REPORT
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MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 7, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Utility Agreement with Southern California Gas Company ($130,906.00) for the relocation of a
high pressure gas pipeline across the Friant Kern Canal (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of Utility Agreement.
BACKGROUND: Southern California Gas Company owns and maintains an existing 8-inch high
pressure gas pipeline that crosses the Friant-Kern Canal. This pipeline is currently in an easement that
the Gas Company previously obtained from the Bureau of Reclamation, the owners of the Friant-Kern
Canal. This gas pipeline must be relocated to facilitate the construction of the Westside Parkway Phase II.
Because of this prior easement, the project must pay for this relocation. There are sufficient funds
budgeted to cover this relocation cost. The funding source for this agreement will be state funds allocated
for the Westside Parkway.
November 8, 2008, 3:02PM
G:\GROUPDAT\ADMINRPT\2008\11-19\SoCalGas Utility Admin - revised.doc
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ADMINISTRATIVE REPORT
~.
MEETING DATE: November 19', 2008 AGENDA SECTION: Consent Calendar
ITEM: ~/,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: October 28, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Settlement Agreement with JP/CP, Inc. to purchase real property for the Westside Parkway
Project located west of Coffee Road, south of Brimhall Road and north of the Kern River for
$615,000.00. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway. JP/CP, Inc. is currently
constructing a business park which faces Brimhall Road known as Crowne Point. Also, JP/CP, Inc. is
granting the City a temporary construction easement to allow for the construction of the sound wall
between their property and the Westside Parkway. The purchase price of $615,000 is a product of
negotiations based on appraisals prepared by Michael Burger, MAI and Michael Launer, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
October 28, 2008, 1:17PM
P:\MyFilesWdmin Reports\Frcehlich purchase.doc
DMA/s
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° ADMINISTRATIVE REPORT
C~LLS
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: y, (,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
Raul Rojas, Public Works Director
November 12, 2008
Settlement Agreement with Chevron, U.S.A. for relocation of facilities near Mohawk
Street as part of the Westside Parkway Project. (Ward 2)
A ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties and intends to cause to be relocated certain pipeline
facilities to accommodate construction of the Westside Parkway Project. Chevron, U.S.A. was named as a
defendant by the City in its eminent domain action entitled City of Bakersfield v. BH Investments, Inc., et
a/., Kern County Superior Court Case No. S-1500-CV-259704 WDP. In this settlement agreement, no
money changes hands. Pursuant to the settlement document, Chevron, U.S.A., through its subsidiary,
Texaco Downstream Properties, Inc., has agreed to drain, clean and remove certain pipelines that will be
affected by the construction project. In return and as a part of the construction of the Mohawk Street
portion of the Westside Parkway, the City will require the contractor of the project to install casings that
would accommodate future pipelines in the event Chevron should ever decide to install those lines.
Oversized maps (Exhibits "B" and "C") are on file in the City Clerk's Office.
After Council approval of this agreement, the City will have resolved the above lawsuit as to all property
owners affected by the lawsuit and will dismiss the case.
RMS:Isc
November 12, 2008, 2:14PM
S:\COUNCILWdmins\08-09 Admins\ChevronStlmtAgr.doc
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ADMINISTRATIVE REPQRT
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MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
T0: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 7, 2008
APPROVED
DEPARTMENT HEAD 13 ~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approve Amendment No. 1 to Agreement 07-082 with AECOM USA, INC. (formerly DMJM
Harris Inc.), for Engineering Design Services for the Westside Parkway Project (additional
$4,712,207.00). (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: AECOM USA, INC (formerly DMJM Harris Inc.) is currently under contract to
provide Engineering Design Services for the Westside Parkway project. Initially, the City awarded
AECOM USA, INC Phase 1 of the final design work to prepare Plans, Specifications and Estimates
(PS&E) for the initial construction phases of the Westside Parkway. AECOM USA, INC is now nearing
completion of Phase 1 of their work, and so Phase 2 of their contract is now needed so that they can
complete the preparation of the PS&E work for the remaining construction phases.
The work, in general, consists of the final design of the Westside Parkway, an east-west freeway
extending from Truxtun Avenue to Stockdale Highway/Heath Road. The length of the freeway is
approximately 8 miles, with interchanges proposed at Mohawk Street, Coffee Road, Calloway Drive and
Allen Road. Bridge overcrossings are proposed at Jewetta Avenue and Renfro Road. Adequate State
funds have been previously budgeted for this work.
November 7, 2008, 8:58AM
G:\GROUPDAT\ADMINRPT\2008\11-19\DMJM Amendment 1 - Admin.doc T8K139
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° ADMINISTRATIVE REPORT
cL~~o
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: l~, ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 6, 2006
Amendment No. 2 to Agreement No. 03-310 for employment of Virginia Gennaro as City
Attorney of the City of Bakersfield.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On October 22, 2003, the City Council approved Agreement No. 03-310 for City Attorney
legal services.
On November 5, 2008 the City Council conducted its year)y evaluation of the City Attorney.
As a result of that review, the City Council directed that the City Attorney contract be amended to
provide the benefits and salary adjustment at the rates identified and approved in the recent MOU
for the City's Management Group, including but not limited to the PERS Option 2 death benefit,
and to delete the sentence in the employment contract related to the 2003 deferred compensation
rate.
The attached amendment to Agreement No. 03-310 identifies these adjustments and is
responsive to Council's direction.
VG:Isc
S:\000NCILWdmins\08-09 Admins\CftyAttyAgr-VG-Amnd.dot
November 6, 2008, 2:19PM
A
ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1~, y(,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD_~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 06-391 with Bradco Industrial Corporation ($100,000)
revised not to exceed $1,059,000 and extending term for one (1) year for wood grinding
and screening for the Solid Waste Division. (Ward 1)
RECOMMENDATION: Staff recommends approval of .amendment to the Agreement.
BACKGROUND: On December 13, 2006, Council awarded the annual contract for wood grinding and
screening for the Solid Waste Division to Bradco Industrial Corporation in the amount of $176,000. On
August 15, 2007, Council approved Amendment No. 1 adding $383,000 to the Agreement for a revised not
to exceed contract amount of $559,000 with no extension of time requested. The annual contract is
renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable
terms. On December 12, 2007, Council approved Amendment No. 2 adding $400,000 for a revised not to
exceed amount of $959,000 and extending term one year to expire December 11, 2008. If approved,
Amendment No. 3 will add $100,000 for a revised not to exceed amount of $1,059,000 and will extend
term one year to expire December 10, 2009. Extending the Agreement allows the City to continue to
receive needed grinding and screening services at the woodwaste facility.
Purchasing Division
S:~PURCHWDMINWmendmentslAmendment #3 to Agn3ement 08-391, Bradco, AC Wood Grinding, November 19, 2008.doc
November 8, 2008, 3:22PM
BAK
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ADMINISTRATIVE REPORT
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'~~1 0
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 3, 2008
Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 3 to Agreement No. 07-302 with Kiewit Pacific Corporation
($393,003; for a revised not to exceed amount of $211,919,020.00).
2. Transfer $393,003 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
APPROVED
DEPARTMENT HEAD '_$~
CITY ATTORNEY
CITY MANAGER iPS
RECOMMENDATION: Staff recommends approval of Contract Change Order, and transfer.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve odor
control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3 to
comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized in the attached Change Order
Change Order No. 3 provides for the negotiated resolution for these items. In general, the reasons for the
change order are either unknown site conditions or required design revisions due to various reasons
Since the contractor's original bid did not provide for these items as shown in the attachment, a change
order is required.
This is the third change order to be submitted for this project. This change order will increase the contract
by $393,003. Cumulative change orders to date total $898,020 (which is an increase of 0.43% of the
original contract amount) as illustrated below:
Original Contract Amount = $211,021,000.00
Amended Contract Agreement after Change Orders = $211,919,020.00
Net Increase to date = $898,020.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
G:\GROUPDATWDMINRPT\200811 1-1 9\CCO 3 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
AC
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ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
November 6, 2008
APPROVED
DEPARTMENT HEAD //~
CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Precision Fertilizer Spreading (not to exceed $110,250)
for the annual provision -Hauling and Spreading Biosolids. (Wards 1, 6)
RECOMMENDATION: Staff recommends acceptance of the bid, 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 all registered bidders for bio-solids management services
for the Annual Contract for Hauling and Spreading Biosolids for the Public Works Department Wastewater
Division. The bid required suppliers to provide a price per ton for loading, hauling, weighing and spreading
dried biosolids from Wastewater Treatment Plants No. 2 and 3 to field locations as directed by City staff.
One bid, from the City's current contract holder, Precision Fertilizer Spreading was received in the amount
of $110,250.00. Precision Fertilizer Spreading has performed this specialized service for the City since
1997. Staff finds the bid to be acceptable and recommends award of the contract to Precision Fertilizer
Spreading.
Purchasing Division
Kb
S:~PURCHWDMINWC Hauling and Spreading Biosolids, 08-09-26, Precision Fertilizer Spreading, November 19, 2008.doc
A
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ADMINISTRATIVE REPORT
,.,
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: Q ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas -Public Works Director
DATE: November 6, 2008
.APPROVED
DEPARTMENT HEAD ,~~
~'
CITY ATTORNEY
CITY MANAGER ~J
SUBJECT: Accept bid and award contract to Whitaker Contractors, Inc. ($763,727.00) for the
construction of the Mill Creek Linear Park Phase 2 Canal Facilities (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, has prepared plans and specifications to construct Phase 2
Canal Facilities. This construction contract is for the canal modifications portions of work only. The
improvements are to be completed during the defined Kern Island Canal shutdown period in December.
There are sufficient funds available to award this contract.
On October 30, 2008, a total of three (3) bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Whitaker Contractors, Inc.
2752 Concrete Ct.
Paso Robles, CA 93446 in the amount of $763,727.00
Kern Pacific Construction Co.
4001 Patton Way, #1
Bakersfield, CA 93312 (City) in the amount of $823,967.00
Granite Construction Co.
585 West Beach St.
Watsonville, CA 95076 in the amount of $827,827.00
(tma)
(P6K117)
November 6, 2008, 11:31AM
G:\GROUPDATWDMINRPT12008\11-19\Mill Creek Canal Modifications -Phase 2.doc
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ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas -Public Works Director
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD ~ >`
~.%
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Kem Pacific Construction Co. ($1,343,700.50) for the
construction of the Mill Creek Linear Park Phase 4 Canal Facilities (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, has prepared plans and specifications to construct Phase 4
Canal Facilities. This construction contract is for the canal modifications portions of work only. The
improvements are to be completed during the defined Kern Island Canal shutdown period in December.
There are sufficient funds available to award this contract.
On October 30, 2008, a total of two (2) bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Kern Pacific Construction Co.
4001 Patton Way, #1
Bakersfield, CA 93312 (City)
Granite Construction Co.
585 West Beach St.
Watsonville, CA 95076
(trna)
(P6K117)
in the amount of
in the amount of
$1,343,700.50
$1,622,222.00
November 6, 2008, 11:32AM
G:\GROUPDATIADMINRPT12008\11-19\Mill Creek Canal Modifications -Phase 4.doc
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ADMINISTRATIVE REPORT
u
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~-{, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas -Public Works Director
November 6, 2008
PROVED
DEPARTMENT HEAD s%k'
CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Granite Construction Co. ($856,856.00) for the
construction of the Mill Creek Linear Park Phase 5A Canal Facilities (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, has prepared plans and specifications to construct Phase 5A
Canal Facilities. This construction contract is for the canal modifications portions of work only. The
improvements are to be completed during the defined Kern Island Canal shutdown period in December.
There are sufficient funds available to award this contract.
On October 30, 2008, a total of one (1) bid was received; that bid is acceptable. The acceptable bid is as
follows:
Granite Construction Co.
585 West Beach St.
Watsonville, CA 95076 in the amount of
(tma)
(P8K117)
$856,856.00
November 6, 2008, 11:32AM
G:\GROUPDAT\ADMINRPl12008\11-19\Mill Creek Canal Modifications -Phase 5A.doc
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ADMINISTRATIVE REPORT
W
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~d,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas -Public Works Director DEPARTMENT HEAD,
DATE: November 6, 2008 CITY ATTORNEY
cITY
SUBJECT: Accept bid and award contract to Granite Construction Co. ($777,777.00) for the
construction of the Mill Creek Linear Park Phase 5B Canal Facilities (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, has prepared plans and specifications to construct Phase 5B
Canal Facilities. This construction contract is for the canal modifications portions of work only. The
improvements are to be completed during the defined Kern Island Canal shutdown period in December.
There are sufficient funds available to award this contract.
On October 30, 2008, a total of two (2) bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Granite Construction Co.
585 West Beach St.
Watsonville, CA 95076
in the amount of
$777,777.00
Kern Pacific Construction Co.
4001 Patton Way #1
Bakersfield, CA 93312 (City)
(tma)
(P6K117)
in the amount of
$850,210.00
November 6, 2008, 11:32AM
G:\GROUPDATIADMINRP112008\11-19\Mill Creek Canal Modifications -Phase 56.doc
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ADMINISTRATIVE REPORT
c ~,
LIFO
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: October 21, 2008
PROVED
DEPARTMENT HEAD;;~
CITY ATTORNEY rf/K
CITY MANAGER S
SUBJECT: Accept bid and award contract to Loop Electric, Inc., ($314,475.00), for Street Light
Conduit/Wire Installation on 17tH 18th and 19th Streets from L Street to Union Avenue.
(Ward 2)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installation of conduit, electrical conductor and pull boxes for
street lighting on 17th 18th and 19th Streets from L Street to Union Avenue. Abandoned street lights are to
be removed/salvaged and transported to the City storage area at 2600 S. Mt. Vernon Avenue.
On October 15, 2008, a total of four bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, Ca 93308 (County) in the amount of $314,475.00
Woeste Electric, Inc
9435 4th Street
Grover Beach, Ca 93433
A-C Electric Company
315 30th Street
Bakersfield, Ca 93301
(Out of Town)
(City)
Manuel Bros, Inc
908 Taylorville Road, Suite 104
Grass Valley, Ca 95949 (Out of Town)
in the amount of $327,065.25
in the amount of $353,567.50
in the amount of $587,000.00
PVU/Design Engineering/kdb
November 4, 2008, 2:50PM
G:\GROUPDATWDMINRPT\2008\11-19\T7K101-Street Lights 17th_18th_19th.doc
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ADMINISTRATIVE REPORT
C ~W~r I
!FO
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: L f
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 5, 2008
CITY MANAGER
Westside Parkway Phase I -Mohawk Street Extension Project (TRIP) (Ward 2)
PR D
DEPARTMENT HEAD
CITY ATTORNEY
Accept low base bid and award contract to Security Paving Company, Inc.,
($27,728,219.81) to construct the Westside Parkway Phase I -Mohawk Street
Extension Project.
2. Appropriate $600,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's Capital Improvement Budget for
construction of the sewer line portion of this project.
3. Appropriate $1,435,000 Domestic Water Fund balance to the Water Department's
Capital Improvement Budget for the water line portion of the project.
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This contract is for the construction of the first phase of the Westside Parkway
project which involves the construction/widening of Mohawk Street from Rosedale Highway to Truxtun
Avenue. Bridges will be constructed over the Kern River, the BNSF railroad, as well as over the future
Westside Parkway. The roadway will include provisions for the on and off ramp connections to the future
Westside Parkway.
Included in this project are extensions of City water and sewer lines in Mohawk Street north to Rosedale
Highway. These extensions provide for expansion of the current City systems, and so State transportation
dollars cannot be used to pay for expanding these systems.
The Westside Parkway will be an east-west freeway extending from Truxtun Avenue to Stockdale
Highway/Heath Road. This has been a project the City has actively been working on for over six years
and that has included State and Federal environmental clearance, right-of-way acquisition, and final
design. The length of the freeway is approximately 8 miles, with interchanges proposed at Mohawk
Street, Coffee Road, Calloway Drive and Allen Road. Bridge overcrossings are proposed at Jewetta
Avenue and Renfro Road. The next phase of this project is anticipated to advertise in December, with
award of a construction contract in early 2009. Staff anticipates that the next phase will construct the
Westside Parkway from Mohawk Street west to at least Calloway Drive.
G:\GROUPDAT\ADMINRPT\2008\11-19\Westside Parkway Phase I Admin.doc Project Number - T9WP10
KPB
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ADMINISTRATIVE REPORT
c~~
IF
On November 4, 2008, eight acceptable bids were received. The lowest responsible bidder was based on
the lowest Base Bid amount. At this time, Staff recommends awarding only the Base Bid for this project.
Security Paving Company, Inc. Base Bid: $27,728,219.81
9050 Norris Avenue Additive Alternate: $ 4,301,108.00
Sun Valley, California 91352 Total Combined Bid: $32,029,327.81
Granite Construction Company Base Bid: $27,838,888.80
585 West Beach Street Additive Alternate: $ 4,585,984.00
Watsonville, CA 95076 Total Combined Bid: $32,424,872.80
Griffith Company Base Bid: $29,786,752.00
1898 S. Union Avenue Additive Alternate: $ 3,703,189.00
Bakersfield, California 93307 Total Combined Bid: $33,489,941.00
MCM Construction, Inc. Base Bid: $31,819,973.00
6413 32"d Street Additive Alternate: $ 5,415,051.00
North Highlands, CA 95660 Total Combined Bid: $37,235,024.00
C.A. Rasmussen, Inc. Base Bid: $32,009,547.00
28548 Livingston Avenue Additive Alternate: $ 4,615,825.40
Valencia, CA 91355 Total Combined Bid: $36,625,372.40
Papich Construction Co., Inc. Base Bid: $32,138,486.58
1686 Ramona, Suite D Additive Alternate: $ 5,164,609.00
Grover Beach, CA 93433 Totaf Combined Bid: $37,303,095.58
R&L Brosmer, Inc. Base Bid: $33,108,712.00
1777 Oakland Blvd., Ste 300 Additive Alternate: $ 4,434,801.00
Walnut Creek, CA 94596 Total Combined Bid: $37,543,513.00
Agee Construction, Corp. Base Bid: $33,127,988.00
1039 Hoblitt Avenue Additive Alternate: $ 3,760,969.00
Clovis, CA 93612 Total Combined Bid: $36,888,957.00
Staff recommends awarding this construction contract to Security Paving Company, Inc. in the amount of
$27,728,219.81 for the construction of Westside Parkway Phase I -Mohawk Street Extension. Adequate
State transportation funds have been previously budgeted for this work.
Construction is anticipated to begin in January 2009.
G:\GROUPDAT\ADMINRPT\2008\11-19\Westside Parkway Phase I Admin.doc Project Number - T9WP10
KPB
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~° ADMINISTRATIVE REPORT
~1.
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MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 6, 2008
Accept bid and award contract to Rock Bottom, Inc., ($619,874.00), for the Irrigation
Improvements at Aera Park Project (Ward 5).
APPROVED
DEPARTMENT HEAD ' !'
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City of Bakersfield and Bakersfield Southwest Baseball (BSWB) have an agreement
to construct a baseball facility at the corner of Stockdale Highway and Jewetta Avenue. As part of this
agreement, both City and BSWB have committed to constructing portions of the park. This project is a
portion of the City's responsibility. This project consists of constructing the irrigation system for Aera Park.
In addition, this project will install drinking fountains, safety lighting adjacent to walkways and conduit for
future sports field lighting.
Funding for this project is from the Capital Outlay Fund. The Engineer's Estimate for this project is
$590,000. There are sufficient funds in the project account to award this contract
On October 27, 2008, a total of eleven bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Rock Bottom, Inc
2724 Landco Drive
Bakersfield, CA 93308 (County) in the amount of $619,874.00
American Landscape, Inc
7949 Deering Avenue
Canoga Park, CA 91304 in the amount of $636,685.00
Kern Sprinkler Landscaping
5001 Woodmere Drive
Bakersfield, CA 93313 (City) in the amount of $662,280.00
Elite Landscaping Inc.
2972 Larkin Avenue
Clovis, CA 93612 in the amount of $680,950.00
PW/Design Engineering/nf
November 6, 2008, 12:36PM
G:\GROUPDATIADMINRP112008\11-19\P7C711-Irrigation Improvements at Aera Park - revised.doc
ADMINISTRATIVE REPORT
Nish-ko Inc.
713 N. Valentine Avenue
Fresno, CA 93706 in the amount of $718,759.00
James E. Thompson Inc.
7001 McDivitt Drive, Ste B
Bakersfield, CA 93313 (City) in the amount of $741,921.00
Brown & Fowler Construction Inc.
3008 Antonio Avenue
Bakersfield, CA 933308 (City) in the amount of $769,208.00
Rudy's Landscape & Irrigation
1106 Quantico Avenue
Bakersfield, CA 93307 (County) in the amount of $815,431.62
ACCU Construction
23135 Betty Road
Perris, CA 92570 in the amount of $875,000.00
Kubly Golf Course Construction
8970 E. Raintree Drive Suite 300
Scottsdale, AZ 85260 in the amount of $1,019,562.00
Belaire-West Landscape Inc.
7371 Walnut Avenue
Buena Park, CA 90620 in the amount of $1,080,000.00
PW/Design Engineering/nf
November 6, 2008, 12:36PM
G:\GROUPDATIADMINRPT\2008\11-19\P7C711-Irrigation Improvements at Aera Park - revised.doc
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° ADMINISTRATIVE REPORT
cg ~L
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 6, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /~
SUBJECT: Accept bid and award contract to Michels Corporation ($1,902,718.00) to construct the
Base Bid portion of the Sewer Rehabilitation Gosford Road-McCutchen Road to District
Boulevard Project. (Wards 3 and 6)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of rehabilitating 11,000 lineal feet of reinforced concrete sewer
pipe and 21 reinforced concrete sewer manholes. The project also includes constructing four new
manholes, along Gosford Road between McCutchen Road and District Boulevard. 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 to have five years of experience in such process.
The City originally advertised this project in July, 2008. Bids were received from five contractors, one of
which did not meet the experience required by the contract documents. In addition, another contractor
abstained from bidding due to lack of the required experience. The City rejected all bids and prepared
Responsibility Statement and Questionnaires. Using this procedure to ensure that bidders meet the City's
requirements prior to the submittals of the bids, a final bidders list was composed of four companies, and
the project was rebid.
Funding for this project is from the Sewer Enterprise Fund. The Engineer's Estimate for this project is
$1,912,000 for the Base Bid and $1,696,000 for Additive Alternate No.1. The Base Bid portion of this
project entails all work done on Gosford Road between Panama Lane and District Boulevard. Additive
Alternate No. 1 would include the same work to be performed on Gosford Road between McCutchen Road
and Panama Lane. There are sufficient funds in the project account to construct the Base Bid portion of
the bid. Due to funding constraints, staff does not recommend awarding Additive Altemate No 1.
On November 4, 2008, a total of four bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Michels Corporation
1715 16th Street, SE In the amount of:
Salem, OR 97302 Total Base Bid $1,902,718.00
Total Base Bid plus Additive Alternate #1 $3,589,371.00
Southwest Pipeline
539 W. 140th Street In the amount of:
Gardena, CA 90248 Total Base Bid $1,991,349.00
Total Base Bid plus Additive Alternate #1 $3,717,010.00
November 7, 2008, 8:54AM
G:\GROUPDATWDMINRPT\2008\1'I-19\Sewer Rehab Gosford Sewer McCutchen to District Project No E7K103.doc
ADMINISTRATIVE REPORT
Insituform Technologies
17988 Edison Ave.
Chesterfield, MO 63005
Spiniello Companies
12 Daniel Road East
Fairfield, NJ 07004
(CMW -PW)
In the amount of:
Total Base Bid $2,147,071.00
Total Base Bid plus Additive Alternate #1 $3,538,713.00
In the amount of:
Total Base Bid $2,233,840.00
Total Base Bid plus Additive Alternate #1 $3,938,325.00
November 7, 2008, 8:54AM
G:\GROUPDAT\ADMINRPT\2008\11-19\Sewer Rehab Gosford Sewer McCutchen to District Project No E7K103.doc
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~° ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 5, 2008 CITY ATTORNEY
CITY MANAGER K-J
SUBJECT: Accept bid and award contract to Woeste Electric, Inc. ($84,193.26), for the Traffic
Signal and Lighting System Installation Project at Hosking Avenue and Monitor Street
(Ward 7).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system, striping
and signage removal, and modification of pavement markings. The Engineer's Estimate for this
construction contract was $94,000. Sufficient funds are budgeted to award this contract.
On November 5, 2008, a total of five bids were received; all of those bids were acceptable. Those
acceptable bids are as follows:
Woeste Electric, Inc
9435 4th Street
Grover Beach, CA 93433 in the amount of $84,193.26
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, CA 93308 (County) in the amount of $88,917.25
PTM General Engineering Services, Inc.
5942 Acorn Street
Riverside, CA 92504 in the amount of $109,109.00
A.C. Electric Company.
315 30th Street
Bakersfield, CA 93301 (City) in the amount of $110,156.60
Turnipseed Electric Service Inc.
5306 Aldrin .Court
Bakersfield, CA 93313 (City) in the amount of $112,933.70
PW/Design Engineering/jaf
November 6, 2008, 11:01AM
G:\GROUPDATWDMINRPT\2008111-19\T8K125-Traffic Signal_Hosking at Monitor.doc
ycocroR~
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9 IFO
MEETI
ADMINISTRATIVE REPORT
November 19,
ITEM: ~. i i
N: Consent
endar
TO: Honorable Mayor and City Council
FROM: William R. Rector, Chief of Police
DATE: November 7, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY `~-~
CITY MANAGER____~
SUBJECT: Appropriate $61,430 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance
Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget, to help fund
Police Activities League crime prevention and education programs.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
On July 30, 2008 the City Council adopted Resolution 114-08 authorizing the Police Department to apply
for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice. The Police
Department was awarded the grant ($61,430.00) on August 21, 2008.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the primary
provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all
components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime
prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing
initiatives."
The Bakersfield Police Department will be using the $61,430.00 to help keep kids off the streets, out of
gangs and off of drugs through the Crime Prevention and Education efforts of the Bakersfield Police
Activities League Programs (BPAL).
The BPAL Safe Haven Program provides after school activities to hundreds of at-risk area youth, as a
healthy positive alternative to the temptations of the streets (gang activity and/or drug use). Safe Haven
program services include sports & recreation activities, educational enhancement activities, and
community and leadership initiatives as healthy alternatives to becoming involved with delinquency and
involved with crime or as victims of crime.
The Junior Police Academy Program and Girls Social Development programs are for junior high and older
at-risk youth and used as platforms to teach anti-gang materials, violence avoidance and anger
management. All youth are enrolled in the After School Tutorial program and are given assistance with
homework, school assignments and projects. A small staff is assisted by Interns from local colleges and
university campus programs and caring community volunteers. School Progress Reports are used to
reward grades and attendance improvements.
~ o xE(~
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`~ c ,~~ ° ADMINISTRATIVE REPORT
gLIFO N~
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~{. (!Y
TO: Honorable Mayor and City Council APPROVED
FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD ~" I'~
DATE: November 7, 2008 ~ CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $32,239.68 Federal Grant Revenues (FY2009 Sobriety Checkpoint Mini-Grant
Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget,
to fund overtime for DUI checkpoints in the Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On November 5, 2008 the Bakersfield Police Department was awarded $32,239.68 from the State Office
of Traffic Safety (O.T.S.) for the FY2009 Sobriety Checkpoint Mini-Grant Award.
The purpose of the Sobriety Checkpoint Mini-Grant Award is to provide overtime funding to conduct three
DUI checkpoints: two Winter Holiday Mobilizations between December 12, 2008 and January 3, 2009,
then one Labor Day Mobilization between August 21, 2009 and September 7, 2009.
\\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT - (11-19-08) 2008 OTS SOBRIETY CHKPT MINI-GRANT
(SC09027).doc
11/6/2008 3:18 PM Page 1 of 1
BAK
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ADMINISTRATIVE REPORT
c ~ "'
`LIFO
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 13, 2008
Appropriate $4,804,995 Proposition 1 B, State Transportation Grant Revenue:
1. Appropriate $2,500,000 Proposition 1 B Funds to the Public Works Department's Capital
Improvement Budget within the Gas Tax Fund for the Street Improvements, White Lane
from Dovewood Street to Wible Road Project (Ward 6).
2. Appropriate $2,304,995 Proposition 1 B Funds to the Public Works Department's Capital
Improvement Budget within the Gas Tax Fund for the Street Improvements, Stockdale
Highway from Country Club Entrance to Ashe Road and from California Highway to
Weatherly Drive Project (Wards 1, 2, and 6).
APPROVED
•l~
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /C~
RECOMMENDATION: Staff recommends approval of appropriations.
BACKGROUND: Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality and Port Security Act
of 2006, passed in November 2006. The bond, part of a $40 billion infrastructure bond package, provides
$19.92 billion for various transportation projects to rebuild California, and in particular includes $1 billion
for California cities to spend on local transportation priorities. In fiscal year 2007-08, cities received $550
million of those funds. The City of Bakersfield's share was $5,212,159 and was used for the Allen Road
Bridge at Kern River project. The remaining allocation to cities of $441 million is now available. The City
of Bakersfield's share is $4,804,994.99.
Therefore, the City of Bakersfield can now request the $4,804,994.99 of bond funds for local transportation
projects that the City will put to use immediately to reduce congestion and improve traffic flow. In order to
warrant further appropriations of the bonds, the League of California Cities recommends that cities utilize
the bond funds prudently and expeditiously. In addition, the State Department of Finance requested that
cities and counties remain cognizant of the fact that these are bond monies and useful life should be
considered for prudent use of the funds. Therefore, staff reviewed various potential projects for project
readiness. Staff recommends that the $4.8 million be used for the following two projects.
The first project is Street Improvements, White Lane from Dovewood Street to Wible Road Project. This
segment of White Lane currently is not wide enough to accommodate three travel lanes in each direction
and the currently allowed on-street parking. By constructing parking pockets for the residents, there will
then be sufficient width for three travel lanes in each direction. In addition, the project will rehabilitate the
existing deteriorated asphalt concrete pavement. The widening portion of the project has an estimated
useful life of thirty years; the pavement portion of the project has an estimated useful life of twenty five
years. This project will go out to bid in early calendar year 2009. The anticipated completion date is July
2009.
November 13, 2008, 11:25AM
G:\GROUPDATWDMINRPT\2008\11-19\Prop 16 Funds.doc
ADMINISTRATIVE REPORT
The second project is Street Improvements, Stockdale Highway from Country Club Entrance to Ashe
Road and from California Avenue to Weatherly Drive. These two segments of Stockdale Highway
currently are not wide enough to accommodate three travel lanes in each direction. The project will
reconstruct the existing median islands to be narrower so that there will be sufficient width for three travel
lane in each direction. In addition, the project will landscape the median islands. The capacity increasing
portion of the project has an estimated useful life of thirty years; the landscaping portion of the project has
an estimated average life expectancy of twenty years. This project will go out to bid in March /April of
2009. The anticipated completion date is October /November 2009.
Both White Lane and Stockdale Highway are major arterials and critical components of the City's
transportation network. Increasing the capacity of these street segments will help reduce traffic
congestion and improve the flow of vehicular traffic on that network.
adr / PW Engineering
November 13, 2008, 11:25AM
G:\GROUPDATIADMINRPT\2008\11-19\Prop 16 Funds.doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM: Q ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 4, 2008
PROVED
, ? ;
DEPARTMENT HEAD ~ y ~~-~~
CITY ATTORNEY~/~~~~
CITY MANAGER
SUBJECT: Resolution ordering the vacation of San Dimas Street south of 34th Street to the alley
(Parcel B) and an area measuring 214 square feet south of the alley (Parcel A). The third
area is the alley south of 34th Street and east of San Dimas Street (Parcel C). (Ward 2)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Bakersfield Memorial Hospital is requesting the vacation of the 64-foot wide San Dimas Street (Parcel B),
a 214 square feet triangular area south of the alley (Parcel A) and the 20-foot wide alley south of 34`h
Street and east of San Dimas Street (Parcel C). Bakersfield Memorial Hospital (BMH) owns the properties
on both sides of the street. BMH is developing the area into a medical office complex to meet the growing
healthcare needs of the community. The location is south of 34th Street to the alley and east of San Dimas
Street. An easement over the 64-foot wide San Dimas Street and 20-foot wide alley will be reserved as a
Public Utility Easement to cover the existing sewer line and other utilities.
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.
The utility companies serving the area have been notified by mail. The California Water Service Company
has a water line in the street and in the alley. Pacific Gas and Electric Company has a gas line in the
street and alley and an electrical power line in the alley. The City of Bakersfield has a 21" sewer line in the
street and a 6" sewer line in the alley. A 64-foot wide easement over San Dimas Street (Parcel B) and a
20-Foot wide easement (Parcel C) over the alley are being reserved for public utilities. A temporary
pedestrian walk way easement over the vacated San Dimas Street (Parcel B) is being provided by
separate instrument and will be recorded prior to this street vacation. A permanent pedestrian walk way
easement will be established at a later time upon development of the adjacent BMH parcels. No objections
were received as of the date of this report.
Notices were mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works has not received any objections from said owners as of the date of this report.
November 5, 2008, 2:09PM
S:\Street Vacations\San Dimas - 34 St\ROI 1622 San Dimas and Alley\3 ROI 1622 San Dimas St and Alley Admin-Hearing Final.doc
ADMINISTRATIVE REPORT
The proposed vacation was approved by the Planning Department on September 16, 2008 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1622 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of October 22, 2008.
Notice of this public hearing has been duly advertised and posted as required by law
November 5, 2008, 2:09PM
S:\Street Vacations\San Dimas - 34 St\ROI 1622 San Dimas and Alley\3 ROI 1622 San Dimas Stand Alley Admin-Hearing Final.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 6, 2008
Resolution ordering the vacation of 17~' Street between R Street and S Street for the
development of the Mill Creek Linear Park phase 5A. (V1/ard 2)
APPR VED
r
DEPARTMENT HEAD > ' %y
~~
CITY ATTORNEY h ,,
CITY MANAGER K,~
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is requesting the vacation of 82.5-foot wide 17~' Street. The street section is
located between "R° Street and "S° Street. The street is being vacated for the development of the Mill
Creek Linear Park phase 5A. The project consists of the conversion of a historic irrigation canal, the Kem
Island Canal, into a pleasing waterway with fronting park amenities. The park amenities will be constructed
after the canal facilities are completed.
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 sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been noted by mail. A 82.5-foot wide easement over 17"'
Street is being reserved for a pedestrian walk way.
One objection letter was received from Congregation B'Nai Jacob (CBJ). The City provided a response
letter to CBJ on November 13, 2008. The City's letter details the actions taken to address the concerns
cited in the letter from CBJ. One of the actions taken is to revise the resolution reducing the area being
vacated. The area in front of CBJ will not be vacated which will continue to allow on street parking.
Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works has received no objections from these owners as of the date of this report.
The proposed vacation was approved by the Planning Department on October 13, 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
November 13, 2008, 2:52PM
G:\GROUPDAl1ADMINRPT\2008\11-19\ROI 162417tli Street Vacation Admin-Hearing Fnal.doc
ADMINISTRATIVE REPORT
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1624 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of October 22, 2008.
Notice of this public hearing has been duly advertised and posted as required by law.
November 13, 2008, 2:52PM
G:IGROUPDATIADMINRPT\2008\11-19\ROI 182417th Street Vacation Admin-Hearing Final.doc
wwa~ye
ADMINIST
RATIVE REPORT
~,
LIFO
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar
ITEM: C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 10, 2008
Resolution amending the City's Non-disposal Facility Element of the Countywide Integrated
Waste Management Plan by updating facility information.
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: This resolution is needed to update the name and address of the City's compost
facility in City and County planning documents. The Countywide Integrated Waste Management Plan
(CIWMP) contains the City's Non-Disposal Facility Element (NDFE), which lists all recycling facilities. To
update the name and address information, it is necessary to amend the City's NDFE as part of the CIWMP
in accordance with state requirements. The Mount Vernon Avenue Composting and Recycling Facility,
located at 2601 South Mount Vernon Avenue, was originally identified in the City's NDFE as the
Bakersfield All America City Recycling Center, located at 2600 South Mount Vernon Avenue. The facility
has since moved across the street and was renamed on new state permits as the facility grew.
Staff recommends the City Council make a finding that the Mount Vernon Avenue Composting and
Recycling Facility is in conformance with the City of Bakersfield Non-Disposal Facility Element with the
current name and address. The City Clerk has caused notice to be duly given of a public hearing in this
matter in accordance with law, as evidenced by the affidavit of publication and the affidavit of mailing on
file with the City Clerk.
kb
November 10, 2008, 3:50PM
G:\GROUPDATWDMINRPT\2008\11-19\COB NDFE-MT VERNON FACILITY.doc
MEETING DATE: November 19, 2008 AGENDA SE TION: Hearings
ITEM: ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 31, 2008
General Plan Amendment/Zone Change 07-1806 (Ward 6 or 7 upon annexation)
Scott Underhill and Mark Smith, representing Ashe Road, LLC, the property owners,
have applied for a general plan amendment and zone change on 18.53 acres located at
the southwest comer of Taft Highway (SR 119) and Stine Road.
APP V D
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER,~S
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 18.53 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 142-03 from R-1 (One
Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial
Development) on 18.53 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 150,000 square feet of retail
commercial uses on the 18.53-acre subject property at the southwest comer of Taft Highway (SR 119)
and Stine Road. The applicants have noted that lot depths at this location are not adequate for "box
tenancy." Thus, the nature of commercial development at this site will likely provide "daily needs
shopping" for area residents and commuters that utilize Taft Highway and Stine Road.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Various studies were conducted as part of the environmental review. This
included traffic, air quality, and cultural resource studies. As a result of those studies, associated
mitigation measures are proposed as conditions of approval for this item. Therefore, a Negative
Declaration was prepared and posted on August 11, 2008, in accordance with CEQA.
Other notable conditions of approval on this item include dedication of Taft Highway and Stine Road to
expressway and arterial standards respectively, CalTrans approval of any direct access from Taft
Highway, and a local street along the south property line pursuant to General Plan policy 30.B. to
increase connectivity between the proposed commercial uses and the adjacent parcels.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 18, 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.
RB: - S:\GPA 3rd 2008\07-1806\Staff ReportsWdmin Report 07-1806.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ,'~
DATE: October 30, 2008 CITY ATTORNEY- f'~~~/~Ff -
CITY MANAGER ~S
SUBJECT: General Plan Amendment No. 08-1033. (Metro-Wide, Wards 1-7)
The City of Bakersfield has requested a general plan amendment to incorporate land
use and circulation map changes previously adopted by the County Board of
Supervisors.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate land use and circulation map changes approved by the
County of Kern.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment.
BACKGROUND:
The county and city mutually share the Metropolitan Bakersfield General Plan Area. It is necessary to
periodically update the land use map to reflect county changes in order to keep the maps internally
consistent. This proposal will bring the land use and circulation elements into compliance with the
County-approved changes since 2007. Land use changes to PS (Public/Private Schools) and OS-P
(Parks and Recreation) are necessary as several new schools and parks have been built in the last few
years. The updated land use map will reflect an accurate percentage of schools and parks in town and
will be a useful tool for evaluating growth in the City of Bakersfield. In addition, an accurate map of
schools and parks will allow appropriate agencies to coordinate land use and infrastructure
development. Changes to the circulation map include the adoption of College Avenue Specific Plan
line and rescinding a portion of Monica Street Specific Plan line. The new specific plan line will extend
College Avenue as a collector alignment to State Route 184 (Kern Canyon Road).
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on September 18, 2008. No individuals or agencies present
at the hearing opposed the request.
Staff determined that the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)
(3) does not apply to the proposed project, since amending the City's Land Use and Circulation
Element maps for consistency with previously adopted County changes does not have a potential to
cause significant adverse environmental impacts. Therefore, a Notice of Exemption was prepared, in
accordance with CEQA.
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 31, 2008
General Plan AmendmentlZone Change 08-1036 (Ward 7 Upon Annexation)
Marino 8~ Associates, representing the Citygate Christian Center, the property owner,
has applied for a general plan amendment and zone change on approximately 6.36
acres located between the 99 Freeway and Ellashosh Street, south of McKee Road.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,td S'
Resolution adopting the general plan amendment changing the land use
designation from R-IA (Resource -Intensive Agriculture) to LR (Low Density
Residential) on approximately 6.36 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to R-1-
CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposed project will include an 800 seat church, daycare and educational accessory buildings.
The gross square footage of floor area will be approximately 37,500 sq ft. The project also includes
annexation into the City. The applicant is concurrently processing a Conditional Use Permit with Kem
County to allow for use as a church on the current agricultural zoning prior to annexation. The City will
acknowledge the Conditional Use Permit upon annexation. Access to this site is a challenge.
However, Staff included a condition on the commercial use to the south that requires a local road to
access the proposed church site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 18, 2008, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to the final conditions and
mitigation approved 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 would not have a sign cant
environment effect. Therefore, in accordance with CEQA, a Negative Declaration was prepared.
ADMINISTRATIVE REPORT
Page 2
Mitigation measures recommended as part of project approval address air quality, biological
resources, cultural resources, noise, and traffic.
CG-S:\GPA 3rd 2008\08-10361Staff ReportsWdmin Report.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM: "
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: October 30, 2008
SUBJECT: General Plan Amendment No. 08-1045 (Ward 4).
APPROVED
DEPARTMENT HEAD ~/
CITY ATTORNEY
CITY MANAGER_~
The City of Bakersfield has requested to amend the Circulation Element of the
Metropolitan Bakersfield General Plan on the project site located in the Kem Water Bank
Area generally west of South Allen Road between Stockdale Highway and Taft Highway.
Resolution approving the Notice of Exemption and adopting the general plan
amendment to the city's circulation element maps deleting street alignments and
changing major street designations within the Kem Water Bank Area.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment.
BACKGROUND:
The project includes the removal of arterial and collector streets west of South Allen Road between
Stockdale Highway and Taft Highway. Future road right-of--way must not include Kem Water Bank Land
since much of the water bank property is habitat mitigation lands and large roads are incompatible with
that environmental goal. In addition, the extension of Enos Lane as an arterial alignment to Interstate 5
is proposed. Other circulation amendments include changing a portion of McCutchen Road from
arterial to collector street and changing a portion of Taft Highway from arterial to expressway. Staff
determined that the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3)
does not apply to the proposed project, since amending Circulation Element maps would rescind
arterial and collector streets as well as modify major street designations within the Kem Water Bank
Area. Therefore, a Notice of Exemption was prepared, in accordance with CEQA.
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on September 18, 2008. The Water Bank Authority is on
record that they will not permit any sort of road building within the water bank boundaries. Regardless,
the lack of development that can occur constructing these roadways would be of no practical benefit.
No individuals or agencies present at the hearing opposed the request.
"BM"S:\GPA 3rd 2008\OS-1045Wdmin SRWdmin Report 0&1045.doc
MEETING DATE:. November 19, 2008 AGENDA SECTION: Hearings
ITEM: ~ J~,
TO: Honorable Mayor and City Council APPROVED ~
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: October 31, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment No. 08-1128 (Ward 4)
Maurice Etchechury of Summit Engineering, on behalf of MSS Land Company, LLC,
has applied for an amendment to the Circulation Element of the Metropolitan
Bakersfield General Plan and Specific Plan Line amendment for Allen Road south of
Seventh Standard Road, and Etchart Road east of Allen Road.
1. Resolution approving the Negative Declaration and adopting the amendment to the
Circulation Element of the Metropolitan Bakersfield General Plan and Specific Plan
Line amendment to realign Allen Road south of Seventh Standard Road, and
Etchart Road east of Allen Road on the circulation map.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and Speck Plan Line amendment.
BACKGROUND:
The proposal would alter the planned alignments of Allen Road and Etchart Road, south of Seventh
Standard Road, to accommodate existing oil-extraction infrastructure in the area. Neither Allen nor
Etchard Roads have been constructed at this location.
Currently, the planned alignment for Allen Road depicted on the Circulation Element follows the
north/south section line between Snow Road and Seventh Standard Road. Etchart Road is planned to
follow the east/west half-section line between Jewetta Road and Allen Road. Etchart Road is currently
planned to terminate at Allen Road.
The proposed alignment of Allen Road would begin veering slightly east of the current alignment
approximately 3/8 mile north of Snow Road, and would continue to a point approximately 500 feet east
of the current Allen Road alignment as it intersects Seventh Standard Road. The proposed alignment of
Etchart Road would begin veering south approximately 1/4 mile east of Allen Road, and would continue
to a point approximately 130 feet south of the current Etchart Road alignment as it intersects Allen
Road. Both Allen and Etchart Roads would remain designated as "collectors" on the Circulation
Element.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Various studies were conducted as part of the environmental review. This
included a operational analysis for the proposed intersection of Allen Road and Seventh Standard
ADMINISTRATIVE REPORT
Page 2
Road, and a cultural resource study. The operational analysis has been reviewed by Bakersfield Public
Works, as well as the City of Shaffer, Kern County, and TRIPS. As a result of those studies, associated
mitigation measures are proposed as conditions of approval for this item. Therefore, a Negative
Declaration was prepared and posted on August 20, 2008, in accordance with CEQA. Notable
conditions of approval on this item involve soil sampling and a remediation plan related to the oil-
extraction infrastructure on-site.
The Planning Commission conducted a public hearing on this general plan amendment on September
18, 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.
However, prior to the public hearing, comments were submitted by Kristine Boyer, representing
Crimson Resource Management Corp., noting concerns related to the impacts of road construction on
Crimson's existing oil-extraction infrastructure in the area.
RB: - S:\GPA 3rd 2008\08-1128\Staff ReportsWdmin Report 08-1128.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: October 31, 2008 CITY ATTORNEY D_
CITY MANAGER ~W
SUBJECT: General Plan Amendment/Zone Change 08-1168 (Ward 3)
Todd Smith of Cannon Associates, representing Trimco, LLC, the property owners,
have applied for a general plan amendment and zone change on approximately 60
acres generally located northeast of Moming Drive and Paladino Drive, and a Specific
Plan Line amendment for Morning Drive.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-MP (Resource -Minerals &
Petroleum) to LI (Light Industrial) on approximately 47 acres, and R-MP to HMR
(High-Medium Density Residential) on approximately 14 acres, and a Specific Plan
Line amendment for Moming Drive.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 104-07 from A (Agriculture)
to M-1 (Light Manufacturing) on 47 acres, and A to R-2 (Limited Multi-Family
Dwelling) on approximately 14 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 340,000 square feet of light industrial
space and 141 residential dwelling units at the northeast comer of Morning Drive and Paladino Drive.
The future alignment of Moming Drive curves through the property, generally from the current
intersection of Morning Drive and Paladino Drive in the southwest comer of the property to the
northeast. The multi-family residential portion is proposed northwest of the future Moming Drive
alignment, and light industrial to the southwest. Also proposed is a Specific Plan Line amendment for
Morning Drive to better accommodate existing oil-extraction infrastructure on the property.
The subject property is located in the Kern Bluff Oil Field and is currently used for oil extraction and
grazing. According to a response from the Department of Conservation (DOGGR) dated August 26,
2008, the subject property has 4 active wells and one abandoned well within the proposed Moming
Drive alignment, as well as 24 active wells and one abandoned well on the project site.
ADMINISTRATIVE REPORT
Page 2
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Various studies were conducted as part of the environmental review. This
included traffic, biological, air quality, phase I environmental, cultural resource study, and independent
determination of proved crude oil reserves. As a result of those studies, associated mitigation
measures are proposed as conditions of approval for this item. Therefore, a Negative Declaration was
prepared and posted on August 20, 2008, in accordance with CEQA.
Notable conditions of approval on this item include a study for blunt nosed leopard lizard on the project
site, as well as soil sampling and a remediation plan related to the oil-extraction infrastructure on-site.
The Planning Commission conducted a public hearing on this general plan amendmentlzone change
on September 18, 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. However, prior to the public hearing, comments were submitted by Jane McFadden, area
property owner, and CAPCOA Resource Corporation, operator for the Kern Bluff Oil Field, in opposition
to the proposed project.
RB: - S:\GPA 3rd 2008108-1168\Siaff ReportsWdmin Report 08-1168.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Consent Calendar Hearings
ITEM: '
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: October 31, 2008 CITY ATTORNEY S
CITY MANAGER
SUBJECT: General Plan AmendmentlZone Change 07-0655 (Ward 7)
Dave Dmohowski, Planning Premier Group, representing Woodmont Bakersfield,
LLC, and John Giumarra Jr., the property owner, has applied for a general plan
amendment and zone change on approximately 103 acres located in west of South H
Street, between Berkshire Road and Hosking Avenue, east of State Highway 99.
Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change 07-0655 (Bakersfield Gateway
Project).
2. Resolution adopting the general plan amendment changing the land use
designation from LR (Low Density Residential), LMR (Low Medium Density
Residential), and HMR (High Medium Density Residential) to GC (General
Commercial) on approximately 77 acres and to change the circulation map by
eliminating the collector segment (future Colony Street alignment) that
transverses in a north-south direction through the project site.
3. First reading of ordinance amending Title 17 of the Municipal Code and Zoning
Map No. 123-25 from R-1 (One Family Dwelling) and C-2 (Regional Commercial)
to C-2/PCD (Regional Commercial/Planned Commercial Development) on
approximately 103 acres.
RECOMMENDATION:
Staff recommends deferral of the proposed project to the next general plan cycle.
BACKGROUND:
The applicant has requested that due to scheduling difficulties this project be deferred until the next
general plan cycle. Therefore staff is recommending continuance of the project to the next City
Council general plan hearing cycle.
The proposed retail commercial development would consist of 1 million square feet of retail (Bass Pro
Shops®, theater, bookstore, restaurants and other retail tenants) and a 300-room hotel. The
proposed General Plan Amendment consists of changes to the land use designations from LR, LMR,
and HMR to GC on 77t acres. The proposed Circulation Element amendment is to change the
ADMINISTRATIVE REPORT
Page 2
circulation map by eliminating the collector segment (future Colony Street alignment) that transverses
in a north-south direction through the project site. The proposed zone changes are from an R-1 and
C-2 zone to a C-2/PCD zone on the 1031 acre site. The Planning Commission heard this project on
September 29, 2008, and October 2, 2008.
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 Planning Commission and staff conducted several hearings on the EIR including a
public scoping meeting on November 6, 2007, an adequacy hearing to receive comments on the
Draft EIR on August 21, 2008, and a hearing on the Final EIR on September 29, 2008, and on
October 2, 2008. The Planning Commission recommended the Final EIR for certification on October
2, 2008. The city received several comments on the Draft EIR and each was responded and
included in the Final EIR.
The Planning Commission conducted public hearings on this general plan amendment/zone change
on September 29, 2008, and October 2, 2008, and recommended approval to the City Council. No
individuals or agencies present at this hearing opposed the requested GPA/ZC and the applicant
agreed to all conditions and mitigation for the project.
Mitigation measures recommended as part of project approval address the following: aesthetics &
urban decay, air quality, biological resources, cultural resources, geology & soils, hazards &
hazardous materials, hydrology & water quality, land use & planning, and public services & utilities.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the uniform building codes,
project and cumulative related impacts to traffic and noise would remain significant. Increased
project-related traffic along South H Street between Panama Lane and Hosking Avenue would
increase ambient noise levels by greater than 5 dB CNEL, which exceeds City's ambient noise
increase threshold. However, the project would not cause exterior noise levels that exceed the Citys
exterior noise standard of 65 dB CNEL. There are five intersections that, even after mitigation, would
operate below LOS C. The goals and policies of the Metropolitan Bakersfield General Plan identify a
desired LOS of C within the plan boundaries.
moS:\GPA 3rd 20081EIR 07-0855 (Woodmont Bak LLP EIR)1Adm SRVldmin Report GPA,ZC,EIR.doc
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ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Closed Session
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 27, 2008
CITY MANAGER- /~v _
Conference with Labor Negotiator pursuant to Government Code section 54957.6.
APPROVED
DEPARTMENT HEAD ~~-
CITY ATTORNEY v~
VG:Isc
S:\COUNCILICI SessWdminsWB-09\11-19-08LaborNeg.doc
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ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2008 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: October 30, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY yG
CITY MANAGER ~5
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Sierra Club v. City of Bakersfield, et al.; Ten Section, LLC
Kern County Superior Court Case No. S-1500-CV-263456 KCT
VG:Isc
S:\COUNCIL\CI SessWdmins\08.09\11-19-08ExistLit.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: November 19, 2008 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Javier Lozano, Human Resources Manager DEPARTMENT HEAD
DATE: November 5, 2008 CITY ATTORNEY J~~3
CITY MANAGER
SUBJECT: Presentation by Javier Lozano, Human Resources Manager to department win ers of the
2008 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding
service to the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
mdc
November 5, 2008, 11:08AM
S:\EnlExcellence in Action\2008Wdmin Rprt 08.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: November 19, 2008 AGENDA SECTION: Presentations
ITEM: !~, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
November 10, 2008 CITY ATTORNEY
CITY MANAGER
Presentation by Parsons of $20,000.00 Donation for Enhanced Landscaping a Aera Park
and Donation of Landscape Architectural Design for Six Sister City Pavilions at Mill Creek
Linear Park
APPROVED
DEPARTMENT HEAD
RECOMMENDATION:
BACKGROUND:
Surendra Thakral, Vice President of Parsons Water and Infrastructure Group, and Kevin Haboian, Vice
President of Parsons Transportation Group, will present atwo-part donation to the City of Bakersfield for
landscaping enhancements at Aera Park and Mill Creek Linear Park:
1) Parsons Water and Infrastructure Group will present a donation in the amount of $20,000.00 for
enhanced landscaping at the new Aera Park, which is being constructed at Stockdale Highway
and Jewetta Avenue.
2) Parsons Transportation Group is donating the landscape architecture for the design of the six
Sister City Pavilions that will be located at the Mill Creek Linear Park.
November 10, 2008, 11:47AM
ParsonsDonation
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MEETING DATE: November 19, 2008 I AGENDA SECTION: Reports
ITEM: / ~, Q ,
TO: Honorable Mayor and City Council VED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: November 6, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Housing 8 Urban Development (HUD), Action Plan Amendment No. 3 (FY
08/09) 8 Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization
Program funds. (Wards All)
RECOMMENDATION:
Staff recommends approval and authorization of the City Manager or his designee to execute all
necessary HUD documents.
BACKGROUND:
The Neighborhood Stabilization Program (NSP) was established under the federal Housing and Economic
Recovery Act (HERA) of 2008 and the City has been allocated $8,982,836 under this program. Under
HUD NSP regulations, the Substantial Amendment outlines activities to be undertaken by the City to
address congressionally identified needs of abandoned and foreclosed homes in targeted federally
established NSP areas within the City. The City will have 18 months to legally obligate the funds from the
date of HUD award, and all funds must be expended within five years (2014). The attached public notice
and map outlines the proposed funding to address these needs by NSP program/activities and
geographical locations.
The deadline for a Council approved Substantial Amendment submission to HUD is no later than
December 1, 2008. HUD will then have 45 days to review the Substantial Amendment for compliance with
federal NSP regulations. Funds are expected to be awarded to the City by the first quarter of 2009.
A public notice was published on November 3, 2008 concerning the availability of the draft Substantial
Amendment for a HUD required 15-day. citizen review and comment period. The 15-day public review
period ended on November 18, 2008 and at the time of the preparation of this administrative report no
written public comments had been received on the proposed use of HUD NSP funds for FY 08/09. As part
of the citizen participation process requirements, a brief summary of citizen participation efforts are
reflected in the final Substantial Amendment under the Citizen Participation section.
S:Wdmins\City Council\NSP action plan amendment 11-09-2008.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Reports
ITEM: 13.b.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: November 13, 2008
SUBJECT: Update of FY 2008-09 Budget
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends acceptance of the Report.
BACKGROUND:
The City Manager will present an update of the FY 2008-09 Budget, including an overview of current
revenue trends and proposed expenditure reduction measures.
November 13, 2008, 8:58AM
S:\Admin Rpts\2008\FY 2008-09 Budget 111908.dot
JWS:aI
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearing
ITEM: ~ 4.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: October 31, 2008 CITY ATTORNEY
CITY MANAGER ~W
SUBJECT: Zone Change 08-1044, appealed. (Ward 6, upon annexation).
Troy and Wilma Chastain, the property owners applied for zone change on 0.238 acres,
located at the northeast comer of Belle Terrace and Fiorito Street. Cynthia Thompson
who lives adjacent to the project site and represents some neighbors who are opposed
to the proposal submitted an appeal of the Planning Commission's decision.
1. First reading of Ordinance approving the Negative Declaration, denying the appeal
and approving the Zone Change by amending Title 17 of the Municipal Code and
amending Zoning Map No. 123-02 from R-S (Residential Suburban Zone) to R-2
(Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet).
RECOMMENDATION:
Staff recommends adoption of a Negative Declaration, denying the appeal and give first reading of the
ordinance.
BACKGROUND:
The proposal would allow for the development of a duplex on a 10,384 Sq. Ft. parcel. The proposal is
consistent with the existing land use designation, which is LMR (Low Medium Density Residential).
This is an infill development. The area along the north side of Belle Terrace consists of large rural-type
single family lots, which have been transitioning from the unincorporated County into the City with some
being developed at a higher density. This proposal will match this type of redevelopment in the area
and be consistent with the existing land use designation for the site.
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 August 19, 2008,
in accordance with CEQA.
The Planning Commission conducted a public hearing on this zone change on September 18, 2008,
and recommended approval to the City Council. The Commission had a vote of 4 in favor and 2
against (Commissioners McGinnis and Tragish). The Commissioners opposed to the zone change
stated concerns with street parking negatively impacting the single-family neighborhood north of Belle
Terrace. These Commissioners noted that the proposal introduces apartments into a predominately
single family neighborhood and that perhaps the entire block adjacent to Belle Terrace should be
evaluated for multi-family residential development so that it can be planned appropriately instead of
developed in a piece-meal fashion.
ADMINISTRATIVE REPORT
Page 2
No agencies present at the hearing opposed to the request and the applicant agreed to all conditions
and mitigation for the project. The Planning Commission added conditions to require the proposed
development to have access from Fiorito Street only and require six (6) parking spaces for the two units
(4 parking spaces is the typical requirement).
Four nearby property owners attended the Planning Commission hearing and spoke in opposition to the
proposed multi family use; their concerns include the issues of more traffic and no street parking in the
neighborhood. The project has been appealed by Cynthia Thompson who also submitted a petition
with 90 names/signatures (2 names were duplicated on the petition) in opposition to the zone change.
MO: - S:\GPA 3rd 2008\08-1044\Adm SRWd Rrt 08-1044.doc
MEETING DATE: November 19, 2008 AGENDA SECTION: Hearings
ITEM: ,(~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 30, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Amendment/Zone Change 08-0726, Appealed (Ward 7)
McIntosh and Associates, representing Trend Capital Group the property owner, has
applied for a general plan amendment and zone change on 8.14 acres located on the
northeast comer of Monitor Street and Hosking Avenue. An appeal of the Planning
Commission's decision was submitted by McIntosh and Associates.
1. Resolution approving the Negative Declaration, denying the appeal, and denying the
general plan amendment changing the land use designation from LR (Low Density
Residential) to HR (High Density Residential) on 8.14 acres.
2. Resolution approving the Negative Declaration, denying the appeal, and denying the
amendment to Title 17 of the Municipal Code and amendment to Zoning Map. No.
124-30 from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on 8.14 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions approving the Negative Declaration, denying the appeal, the
general plan amendment and the ordinance.
BACKGROUND:
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
October 2, 2008, and recommended denial to the City Council. Staff made a presentation of the proposed
project and recommended approval to the Planning Commission. This is an ~infill project which is
supported by general plan policies as a method to reduce sprawl and utilize land which already has
existing roads, water lines, fire stations and sewer lines. The project is located in an area currently
developed with residential subdivisions and schools. To the south is Golden Valley High School, to the
north is Ollivier Jr. High School, and to the west is Horizon Elementary School. The land to the east is
zoned R-1 and currently vacant. It is used as a storage area with one single-family residence located
along Hosking Avenue. The Planning Commission's denial was based primarily on concems over traffic
congestion, pedestrian safety, high density, sandwiching the R-1 zoned land between two multiple-family
developments, and incompatibility of the project in proximity to nearby schools.
Gary Rice Superintendent, representing Greenfield Union School District submitted a letter of opposition to
the Planning Department dated for October 2, 2008, which is included in the back up for this item. Mr.
Rice expressed concerns over the number of units that could possibly be constructed on the site that
would increase pedestrian and vehicle traffic. Mr. Rice further states that current pedestrian and vehicular
ADMINISTRATIVE REPORT Page 2
congestion within the immediate area of the three schools is barely manageable and undesirable, and
adding another project within the area would further impact this situation negatively.
Mr. Dean Jawalla, Principal for Golden Valley High School addressed the Planning Commission during the
public hearing and expressed his opposition to the proposal. He stated his concems over the proposed
density of the project and pointed out that their school was already over capacity and will have problems
accommodating the future students of proposed project. Mr. Jawalla further stated that he does fear for
the future of the school and suggested that the applicant propose a lesser density R-2 (Limited Multiple
Family Dwelling) zone rather than R-3 (Multiple Family Dwelling).
Mr. Bill Sidu, CEO and President of Golden Valley Apartments addressed the Planning Commission
during the public hearing and expressed his opposition to the proposal. Mr. Sidu owns Golden Valley
Apartments located approximately 190' feet to the east of the project site. He stated his concems over
vehicular traffic and safety on Hosking Avenue. Mr. Sidu expressed his concems over children crossing
the road, especially since there are no traffic lights on Monitor Street or Hosking Avenue. Mr. Sidu further
commented that it would not appear that the project could be built as a luxury product and will probably
end up being low-income apartment housing.
Mr. Roger McIntosh, with McIntosh and Associates representing Trend Capital Group, addressed the
Planning Commission during the public hearing and spoke in favor of the proposal. Mr. McIntosh
requested that a condition be deleted, which currently requires astub-out street through the project site
from Monitor Street so that the vacant 8-acre lot to the east will have access to Monitor Street. Mr.
McIntosh indicated that his clients do not agree with the need for it. In response to Mr. Sidu's comment,
Mr. McIntosh added that the project is subject to a PUD. He also stated that they are mitigating the project
in accordance with State requirements and fees to address the schools' concerns.
The Planning Commission found that the proposal is incompatible with the surrounding neighborhood and
does not seem to be orderly development given the size of the parcel. Commissioners expressed
concerns over lot size inconsistency based on the adjacent land uses. Commissioners also expressed
concems over traffic congestion in the area and pointed out that the schools in the area do bring in an
enormous amount of traffic. Commissioners further noted that proposing a higher density project only
exacerbates the traffic situation and does not make it any better.
Some members of the Commission commented that a lower density project would be more compatible in
this area, lesson traffic congestion over what is being proposed, and enable the developer to pursue a
multiple family development. When asked, Mr. McIntosh responded he thought his client may support a
lower density. Therefore, a motion was made and seconded to approve a HMR designation and R-2 zone
on the site, which would reduce the proposed density from 34.85 units per acre to 17.42 units per acre
(1/2 reduction). However, that motion failed to get a majority support and the project request was
ultimately denied. A letter appealing denial of this project was received in the City Clerk's office on
October 10, 2008.
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 August 29, 2008, in
accordance with CEQA.
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