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HomeMy WebLinkAbout11/19/08_CC_AGENDA_PACKETAGENDA HIGHLIGHTS ,~ '~" November 19, 2008 COUNCIL MEETING n 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. ~- 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 (~ ., D~dfplPo9~T~ V 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: ndw A ~ ~ ~ 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 ~., ~ ~ 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 sF~~ R`; 0 ~,COPPnp.,fo v c~~,~~ ~ ADMINISTRATIVE REPORT 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 o ,~~o~~~~,r~, s -L ~ J U r ..~~,~ ~ ADMINISTRATIVE REPORT ~'~'~~ ~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 O~v,w +„ ~ ~ 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 A ~ ~ / ° ADMINISTRATIVE REPORT ~ ~,., ~,s 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 A ~ ~~co,roe„~~s ADMINISTRA TIVE REPORT c~* LIFO 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 ~ A ~ , ~ 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 ~ A ~ : u S~ ° 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 A !., `~ CA ADMINISTRATIVE REPQRT ~l `aWPY 1L~ IF O 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 A ~~ ~r ~ ~ C~ ° 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 ~~ yw.roR, E, '~ CA ADMINISTRATIVE REPORT ~L `WRY 1L~ '~~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 A .~/~ ,~ 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 ~ r 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 A ~ '~ r 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 A t: -~' 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 A U ~ ' 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 BA ~ Fy,,~vo.,ye ~ycn 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 BA O~ m u , S ~ ~ ~~ 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 A ~ • ''cn 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 BA 0~ coW4 S ~° ADMINISTRATIVE REPORT ~1. L FO 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 B A ~+ ° 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 A O~ yeovoR~ S ~° ADMINISTRATIVE REPORT ~~* 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~ ~ ~ r U C7 ~ ~~ 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(~ ~~ MC KI R., l~, ~V `~ 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 ~~`y[ApPoq~ 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 A O , ~ ~ 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 A O , f " r S' ~ ~ ~ r 0 c L~ 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 ~ A ~ ~ / U C7 C~~LL~ 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 A O~ eo o4os ~ ~ ~~ ADMINISTRATIVE REPORT ~~.~,, IFO 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 A p~ ~u,.,~e~R ~ ~ ADMINISTRATIVE REPORT ~~..,• L FO 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 AT: RS ,. 6 ~ ~`~" . ` ~ ADMINISTRATIVE REPORT r`v::::, `... ~, ~~ /h 0}x.;:';1". 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. S:\GPA 3rd 2008\08-0728\Staff ReportsWdmin Report.dx