HomeMy WebLinkAbout02/25/09_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
• AGENDA
MEETING OF FEBRUARY 25, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Howard Silver member of B'nai Jacob Temple.
3. PLEDGE OF ALLEGIANCE by Tiberius Hernandez, 1st grade student at St. Francis School, Tiger
Cub Pack 125, St. Francis Parish.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Women's Club President-Elect Karen Dixon
declaring March as Youth Art Month in the City.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 11, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from January 30, 2009 to February 12, 2009 in the
amount of $15,305,327.48 and self-insurance payments from January 30, 2009 to
February 12, 2009 in the amount of $431,501.98.
Ordinances:
(Ward 1, s & ~~ c. First Reading of Ordinance amending Municipal Code Section 1.12.010, 1.12.060 and
1.12.070 by adding Annexation No. 580 consisting of 1.20 acres, located on the south side of
Highway 58, east of South Real Road to Ward 1; and Annexation No. 585 consisting of 3.32
acres, located on the south side of Wilson Road, between South Chester Avenue and South
P Street to Ward 1; Annexation No. 575 consisting of 21.20 acres, located at the southeast
corner of Taft Highway and Gosford Road to Ward 6; and, Annexation No. 592 consisting of
0.37 acres located at 5701 Akers Road, east of Harris Road to Ward 7.
(Ward 4) d. Adoption of an Ordinance amending Municipal Code Section 1.12.040 by adding
Annexation No. 605 consisting of 20.83 acres, located on Hooper Avenue, between Coffee
Road and Patton Way to Ward 4. (FR 2/11/09)
8. CONSENT CALENDAR continued
e. Public Employees' Retirement System
Adoption of Ordinance authorizing an amendment to the Contract of
Administration of the Public Employees' Retirement System to provide Section
21548 Pre-Retirement Optional Settlement 2 Death Benefit to Local
Miscellaneous Members in Group 70001 and 70002.
2. Amendment No. 6 to Agreement No. 97-39 with the Public Employees'
Retirement System to provide Section 21548 Pre-Retirement Optional
Settlement 2 Death Benefit for Local Miscellaneous Members in Group 70001
and 70002.
Resolutions:
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 the demolishment of dangerous buildings and authorize collection of
the assessments by the Kern County Tax Collector.
(Wards 1, 2, 3,
a, 5 & s) g. Resolutions ordering Judicial Foreclosure of Delinquent Assessments (669 parcels totaling
$289,200) for the following districts:
LibertyllNillage Green /Tesoro-Encanto/Lin/Rider/Diamond Ridge (A.D. 05-3)
2. Sydney Harbour (A. D. 07-02)
(Ward 2) h. Resolution forming a Traffic Signal Maintenance District to be designated as TS-19 (34th St.,
San Dimas NE) confirming the assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 5)' i. Resolution vacating Resolution No. 035-08, which certified final Environmental Impact
Report, Resolution No. 036-08, which approved General Plan Amendment No. 05-1580, and
Zone Change Ordinance No. 4502, which approved concurrent Zone Change No. 05-1580
on approximately 220 acres located south of Panama Lane and east of Nord Avenue for the
Ten Section Project.
(Ward 7) j. Resolution of Intention No. 1631 to form a Traffic Signal Maintenance District, designated as
TS-20 (So. H, Panama SE) and preliminarily adopting, confirming and approving the Public
Works Director's Report.
Agreements:
(Ward 4) k. Agreement with Grant Deed Unlimited, LLC ($16,500) to purchase real property located
north of Stockdale Highway at the extension of Jenkins Road for the Westside
Parkway.
(Ward 4) I. Amendment No. 1 to Agreement No. 07-104 with Lennar Homes of
California, Inc.; for traffic impact fee credit for improvements on Snow Road.
(Ward 1) m. Amendment No. 2 to Independent Contractor's Agreement No. PW 08-016 with Power
Management Incorporated ($39,900; revised total not to exceed $79,900) for repair and
maintenance of Deutz engine at Wastewater Treatment Plant No. 2.
`upon annexation
2 City Council Meeting of 02/25/2009
8. CONSENT CALENDAR continued
n. Amendment No. 2 to Agreement No. 08-045 with Loop Electric ($40,000; revised total not to
exceed $120,000) extending the term for one (1) year to the annual contract for vehicle loop
cutting.
(Ward 4) o. Contract Change Order No. 2 to Agreement No. 06-184 with Bakersfield Well & Pump
Company ($29,940; revised total not to exceed $842,885) for providing PG&E underground
distribution and service to Domestic Water Well No. CBK-45 located at 1500 Jenkins Road,
north of Brimhall Road.
(Ward 2, 3 & 4) p. Contract Change Order No. 2 to Agreement No. 08-126 with Floyd Johnston Construction
Company ($43,000; revised total not to exceed $651,264) for removal and replacement of
8,000 sq. ft. of pavement within the number 3 lane of northbound Coffee Road from the
Friant Kern Canal crossing of Coffee Road to Downing Road.
Bids:
(Ward 2) q. Accept bid and award contract to Restroom Facilities, LTD., ($304,986) for the construction
of the Mill Creek prefabricated restroom facility.
Accept bid from GeoNav Satellite Systems ($61,121.78) for a GPS Survey System for the
Public Works Department, Engineering Construction/Survey Division.
(Ward 2) s. Accept bid from Wesco Distribution ($322,675.57) for decorative lights and bollards for Mill
Creek Linear Park.
t. Reject bid for annual contract for irrigation parts and supplies.
Miscellaneous:
(Ward 2) u. Appropriate $8,500 Building Plan Check Revenue to the Building Department Operating
Budget within the Development Services Fund for third party review of Time Based Egress
Analysis and Fire Modeling Basis of Design Report for the Padre Hotel.
(Ward 3) v. Appropriate $10,000 developer contribution to the Planning Department Operating Budget
within the Development Services Fund for providing professional consulting services related
to environmental analysis and recirculation of agricultural resources section for GPA/ZC 03-
0337 (Canyons).
Staff recommends adoption of Consent Calendar items a through v.
9. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider the proposed expenditure plan for the second quarterly
installment from the Supplemental Law Enforcement Services Funding (SLESF) grant. (Staff
recommends approval of the proposed expenditures and appropriations.)
1. Appropriate $131,025 State Grant revenues to the Police Operating Budget within the
SLESF fund.
(Ward 4) b. Public Hearing on Resolution of Necessity to determine whether the public interest
and necessity require acquisition by eminent domain of a temporary construction easement
upon/across/over property located in the city specifically APN 500-571-08 (Jared and June
Salvo) for the Westside Parkway project. (Code Civ. Proc. §1240.010)(Staffrecommends
adoption of resolution.)
3 City Council Meeting of 02/25/2009
9. CONSENT CALENDAR HEARINGS continued
(Ward 5) c. Public Hearing on Resolution of Necessity to determine whether the public interest
and necessity require acquisition by eminent domain of a temporary construction easement
upon/across/over property located in the city specifically APNs 500-020-40, 41, 46, 47 (BLC
Glenwood-Gardens AL, L. P./Brookdale Senior Living, Inc.) for the Westside Parkway project.
(Code Civ. Proc. § 1240.010) (Staff recommends adoption of the resolution.)
d. Public Hearing to consider Resolution regarding establishment of agricultural preserves and
procedures for initiating, filing and processing requests to establish, disestablish, enlarge and
diminish agricultural preserves within the city. (Staff recommends adoption of the resolution.)
e. Public Hearing to consider Resolution approving the Negative Declaration and adopting the
updated General Plan Amendment No. 07-1519 (Housing Element 2008-2013) with
incorporation of comments from the State Department of Housing and Community
Development. (Staff recommends adoption of a resolution approving the Negative Declaration
and approving the proposed general plan amendment.)
10. HEARINGS
(Ward 4)* a. Public Hearing to consider General Plan Amendment/Zone Change 08-1079; Eric Sertic,
representing CNC Properties LLC, the property owners, has applied for a general plan
amendment and zone change on approximately 32.91 acres generally located at the
northeast corner of Rosedale Highway (SR-58) and Jenkins Road. (continued from 2/11/09
meeting)
Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation form UER (Urban Estate Residential)
and ER (Estate Residential) to OC (Office Commercial), GC (General Commercial),
and SR (Suburban Residential) on 32.91 acres.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 101-23 from A (Agriculture Zone)
to C-2/PCD (Regional Commercial/Planned Commercial Development Zone), C-
O/PCD (Professional and Administrative Office/Planned Commercial Development
Zone), and E (Estate Zone) on 32.91 acres.
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and give first reading of the ordinance.
11. REPORTS
a. Status of Thomas Road Improvement Program (TRIP)
Staff recommends acceptance of report.
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
'upon annexation
4 City Council Meeting of 02/25/2009
15. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. (One case)
Robert Pratt v. City
KCSC Case Nos. S-1500-CV 253264-AEW, S-1500-CV259414-AEW, and S-15-CV-
261666-AEW
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
16. CLOSED SESSION ACTION
17. ADJOURNMENT
02/17/09 3:45 pm
Resp ctfully submitted,
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Ian Tandy ~
Cit Mana er
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5 City Council Meeting of 02/25/2009
AGENDA HIGHLIGHTS
February 25, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 o.m.
CONSENT CALENDAR
Resolutions
Item 8g. Resolutions Ordering Judicial Foreclosure of Delinquent Assessments The City has issued
Limited Obligation Bonds for each of the following Assessment Districts 1. LibertyllNillage
Green/Tesoro-Encanto/Lip/Rider/Diamond Rider/Diamond Ridge (A.D. 05-3) and 2. Sydney Harbour
(A.D. 07-2). The Districts are generally formed at the request of the developer who has requests
assistance from the City in financing certain public improvements such as sewer lines, water lines,
streets, curb & gutter and other incidental costs. Liens are placed on each property within the District
boundaries and the bonds are repaid from the annual assessments levied and collected on annual
property tax bills. The two Districts listed above include 669 delinquent parcels totaling $289,200.
Item 8I. Resolution Vacating Resolution No. 035-08. Which Certified Final Environmental Impact Report
Resolution No. 036-08. Which Approved General Plan Amendment No 05-1580 and Zone Chance
Ordinance No. 4502. Which Approved Concurrent Zone Change No 05-1580 on Approximately 220
Acres Located South of Panama Lane and East of Nord Avenue for the Ten Section Proiect In February
2008, the City Council approved and EIR, General Plan Amendment and Zone Change for a residential
development known as the Ten Section Project. The adequacy of the EIR, General Plan Amendment
and Zone Change were challenged in a lawsuit in Kern County Superior Court entitled Sierra Club v. City
of Bakersfield, et al. The property owners subsequently sold the property back to the original owner and
no longer wish to pursue the project under the entitlements they had obtained. The parties to the lawsuit
have expressed a willingness to resolve the matter by entering into a stipulation and court order vacating
the EIR, General Plan Amendment and Zone Change.
Item 8q. Accept Bid and Award Contract to Restroom Facilities LTD for the Construction of the Mill
Creek Prefabricated Restroom Facility in the amount of $304.986. The City is currently constructing
phase 1 of the Mill Creek Linear Park Project. City staff put together plans to construct a prefabricated
restroom for Central Park. A total of five (5) bids were received for this project, with Restroom Facilities,
LTD being the lowest.
Item 8s. Accept Bid from Wesco Distribution for Decorative Lights and Bollards for Mill Creek Linear
Park in the amount of $322.675.57. Invitations to Bid were sent to over three hundred (300) suppliers for
decorative lights and bollards for the Mill Creek Linear Park. A total of eleven (11) bids were received,
with Wesco Distribution being the lowest. The initial review of the submitted bid documents indicated
that the equipment proposed by Wesco Distribution did not conform to the City's requirements for this
project. In subsequent discussions with Wesco Distribution, their staff committed to making necessary
modifications to their equipment so that if will conform to the City's requirements. City staff, therefore,
withdraws the previously issued letter that stated Wesco Distribution's bid was unacceptable and now
recommends award to Wesco Distribution.
Consent Calendar Hearings
Item 9b. Public Hearing on Resolution of Necessity ~"RON") to Determine Whether the Public Interest
and Necessity Require Acquisition by Eminent Domain of a Tem ovary Construction Easement
Upon/Across/Over Prooertv Located in Bakersfield. California Specifically APN 500-571-08 (Jared and
June Salvol for the Westside Parkwav Proiect. The subject temporary construction easement is
necessary for the construction of a sound wall on adjacent property thereto for a portion of the Westside
Parkway Project. The temporary construction easement will be approximately ten (10) feet wide and
consisting of approximately 961 square feet. The Mayor received a letter from Mr. Jared Salvo, the
owner of the property, which stated his concerns and opposition to the temporary construction easement.
City staff has responded to Mr. Salvo through written correspondence as well as in person. Staff
recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the
temporary construction easement.
HEARINGS
Item 10a. Public Hearina to Consider General Plan Amendment2one Change OS-1079 on
Approximately 32.91 Acres. Generally Located at the Northeast Corner of Rosedale Highway (SR-58)
and Jenkins Road. Eric Sertic, representing CNC Properties LLC, the property owners, has applied for a
general plan amendment and zone change. The applicant is requesting to amend the Metropolitan
Bakersfield General Plan Land Use Element to change the land use designations from A (Agriculture
Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone), C-O/PCD
(Professional and Administrative Office/Planned Commercial Development Zone), and E (Estate Zone).
The project also includes annexation into the City. 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 November 12, 2008, in accordance with CEQA. The Planning
Commission conducted a public hearing on this item on December 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. This item was continued on February 11,
2009 by the City Council to allow for time to discuss concerns from adjacent property owners with the
applicant/property owner. Staff recommends adoption of a resolution approving the Negative Declaration
and approving the proposed general plan amendment and first reading of the ordinance.
REPORTS
Item 11a. Status of Thomas Roads Imarovement Program (TRIPI. Staff will provide a brief update on
TRIP, including specific updates on the Centennial Corridor Project and the TRIP Financial Plan.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation and a conference
with the labor negotiator.
Approved: d.
Alan Tandy, City Manager n
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -February 25, 2009 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Presentations
ITEM: ~~ ,
T0: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD ~.
DATE: February 13, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Women's Club Present-Elect Karen
Dixon declaring March as Youth Art Month in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
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ADMINISTRATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ c~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
February 13, 2009
Approval of minutes of the February 11, 2009 Regular Council Meeting.
APPROVED
~-
DEPARTMENT HEAD G
CITY ATTORNEY
CITY MANAGER
r ~~
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 13, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~~''
CITY MANAGER
SUBJECT: Approval of department payments from January 30, 2009 to February 12, 2009
in the amount of $15,305,327.48 and Self Insurance payments from January 30, 2009
to February 12, 2009 in the amount of $431,501.98.
RECOMMENDATION:
Staff recommends approval of payments totaling $15,736,829.46.
BACKGROUND:
RAR
February 13, 2009, 8:29AM
S:~RichardWPV1DM INWDMIN~AP.doc
MEETING DATfE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: a
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~'~
DATE: February 4, 2009 CITY ATTORNEY
CITY
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code S.ectiq~i §1 12.010,
§1.12.060 and §1.12.070 by adding Annexation No. 580 consisting of 1.2 acres,
located on the south side of Highway 58, east of South Real Road and Annexation No.
585 consisting of 3.32 acres, located on the south side of Wilson Road, between South
Chester Avenue and South P Street to Ward 1, Annexation No. 575 consisting of 21.20
acres, located at the southeast corner of Taft Highway and Gosford Road to Ward 6 and
Annexation No. 592 consisting of 0.37 acres located at 5701 Akers Road, east of Hams
Road to Ward 7. (Wards 1, 6 and 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 580, 585, 575 and 592 into the
corresponding Council ward. This annexation was recently approved by LAFCO.
Annexation No. 580 is located on the south side of Highway 58, east of South Real Road. The
annexation territory consists of 1.20 acres. The property owner proposes development of a ministorage
facility. The property owner requested annexation for development purposes and to receive city
services. This area will be included into Ward 1.
Annexation No. 585 is located on the south side of Wilson Road, between South Chester Avenue and
South P Street. The annexation territory consists of nine separate parcels on 3.32 acres of land. The
property owners requested annexation to receive city services. This area will be included into Ward 1.
Annexation No. 575 is located at the southeast corner of Taft Highway and Gosford Road. The
annexation territory consists of 21.20 acres of vacant land. The property owner proposes development
of 321 single-family homes. The property owner requested annexation for development purposes and
to receive city services. This area will be included into Ward 6.
Annexation No. 592 is located at 5701 Akers Road, east of Hams Road. The property consists of a
single family residence. The property owner requested annexation to receive city services. This area
will be included into Ward 7.
DL1S:1Annexatlon\Ordinances12009Wdmin Draft - 2-25- 580, 585, 575 & 592 .DOC
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , ~ .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~
DATE: February 12, 2009 CITY ATTORNEY
i
CITY MANAGER ~~ '
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section .12.040 by
adding Annexation No. 605 consisting of 20.83 acres, located on Hooper Avenue,
between Coffee Road and Patton Way to Ward 4. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 11, 2008.
This ordinance amends the ward boundaries to include Annexations 605 into the corresponding
Council ward. This annexation was recently approved by LAFCO.
Annexation No. 605 is located on Hooper Avenue, between Coffee Road and Patton Way. The
annexation territory (known as Hooper No. 1) consists of 20.83 acres. Annexation No. 605 is an
inhabited annexation within a county island area. Because this annexation did not have 100% property
owner consent, the annexation was subject to a protest hearing. The protest hearing was conducted at
the Kern County LAFCO office on August 26, 2008. Having received less than the required 25% of
voters protest, the Commission ordered annexation of the territory by Resolution No. 08-66 on October
22, 2008.
DL\S:\Annexation\Onifnances\2009Wdmin adopt- 2-25 -605 .DOC
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ .
T0: Honorable Mayor and City Council APPROVED
s
FROM: Javier Lozano, Human Resources Manager Q~` ,DEPARTMENT HEAD
DATE: February 12, 2009 CITY ATTORNEY
1
CITY MANAGER
SUBJECT: Amendment No. 6 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 21548 Pre-Retirement Optional Settlement 2
Death Benefit to Local Miscellaneous Members in Group 70001 & 70002. (First reading 1/28/2009)
2. Amendment No. 6 to Agreement No. 97-39 with the Public Employees' Retirement System to
provide Section 21548 Pre-Retirement Optional Settlement 2 Death Benefit for Local Miscellaneous
Members in Group 70001 8 70002.
RECOMMENDATION:
Staff recommends adoption of the Ordinance and approval of the Amendment.
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 an agreement with the Public Employees' Retirement System (PERS) where the City
contributes money for retirement benefits. Retirement benefits are based upon these contractual arrangements, and
likewise the City costs are based upon these benefits. The estimated cost to the City to provide Section 21548 Pre-
Retirement Optional Settlement 2 Death Benefit is 0.4% of salary.
This Amendment under Section 21548 Pre-Retirement Optional Settlement 2 Death Benefit of the PERS law, will amend
the current PERS contract to allow current and future employee's eligible survivor to receive the Optional Settlement 2
Death benefit if the member dies while actively employed, if the employee has attained at least the age of 50, and has at
least 5 years of credit service (total service across all CaIPERS employers and with certain other Retirement Systems
with which CaIPERS has reciprocity agreements). A CaIPERS member must be actively employed with the City of
Bakersfield to be eligible for this benefit. An eligible survivor means the surviving spouse to whom the member was
married at least one year before death.
The Optional Settlement 2 Death Benefit is a monthly allowance equal to the Service Retirement benefit that the
member would have received had the member elected Optional Settlement 2 and retired on the date of his or her death.
(A retiree who elects Optional Settlement 2 receives an allowance that has been reduced so that it will continue to be
paid after his or her death to a surviving beneficiary.) The allowance is payable as long as the surviving spouse lives,
at which time it is continued to any unmarried children under age 18.
This Amendment will become effective March 30, 2009.
BAK
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent
ITEM ~6
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: February 6, 2009
SUBJECT: Property Abatements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
i ,
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 the demolishment of dangerous buildings and
authorize collection of the assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on February 9, 2009, 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 and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code
which prohibits maintaining dangerous buildings. 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. 321 Clyde Street 018-370-17 $ 630.00
2. 3127 Cottonwood Road 170-200-41 $ 9,695.00
" Demolished Structure
February 10, 2009, 3:06PM
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ADMINISTRATIVE REPORT Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
3. 129 Kincaid Street 018-190-16 $ 675.00
4. 600 S. Union Avenue 169-120-13 $ 1,250.00
Ward 2/CouncilmemberSue Benham
5. 402 Cypress Street 007-401-09 $ 606.00
6. 1018 Gage Street 015-380-09 $ 765.00
7. 201 Monterey Street 014-180-19 $ 525.00
8. 1215 Niles Street 015-240-04 $ 685.00
9. 3100 16th Street 004-221-07 $ 508.00
10. 505 31 gt Street 002-082-07 $ 745.00
Ward 3/Councilmember Ken Weir
11. 3213 Redlands Drive 383-211-03 $ 400.00
12. 3407 Redlands Drive 383-271-02 $ 400.00
Ward 4/Councilmember Couch
13. 301 Barkine Court 390-242-07 $ 450.00
14. 13314 Nantucket Place 495-380-38 $ 440.00
Ward 5/Councilmember Harold Hanson
15. 7400 EI Verano Drive 339-191-14 $ 300.00
16. 4804 Silver Mountain Court 394-450-27 $ 475.00
Ward 6/Coucilmember Jacauie Sullivan
17. 3316 Adanac Court 403-201-14 $ 475.00
18. 3034 Cedarwood Drive 355-271-16 $ 1,025.00
19. 4009 Clove Lane 384-160-02 $ 300.00
20. 4405 Starling Drive 440-112-03 $ 520.00
Ward 7/Councilmember Zack Scrivner
21. 8020 Big Bear Street 516-191-09 $ 300.00
22. 6113 Castleford Street 371-392-05 $ 425.00
23. 6000 Charmain Street 371-424-03 $ 425.00
24. 4717 Country Wood Lane 371-462-01 $ 425.00
25. 1721 Cromwell Court 023-203-11 $ 440.00
26. 4404 Cyclone Drive 515-151-03 $ 525.00
February 10, 2009, 3:06PM
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PROPERTY LOCATION APN COST
Ward 71Councilmember Zack Scrivner
27. 7003 Felbridge Court 516-203-16 $ 650.00
28. 7612 Greywolf Court 516-313-16 $ 700.00
29. 1903 Hendricks Lane 023-164-08 $ 700.00
30. 7809 Hubble Court 516-461-07 $ 450.00
31. 7812 Hubble Court 516-461-12 $ 600.00
32. 1408 Kirkwood Avenue 516-123-01 $ 300.00
33. 4700 Maybrook Avenue 371-182-06 $ 400.00
34. 3915 Ocean Breeze Avenue 515-182-07 $ 460.00
35. 912 Planz Road 022-171-23 $ 575.00
36. 3702 Ridgemont Street 371-491-18 $ 420.00
37. 4203 Rio Viejo Drive 515-482-01 $ 650.00
38. 3103 Sierra Meadows Drive 514-271-10 $ 300.00
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 pertormed 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.
February 10, 2009, 3:06PM
P:\adminfeb25pm demo.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM; ~ ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 13, 2009
APPROVED
DEPARTMENT HEAD /V.5
CITY ATTORNEY
CITY
SUBJECT: Resolutions ordering Judicial Foreclosure of Delinquent Assessments (669 parcels totaling
$289,200) for the following Districts (Wards 1, 2, 3, 4, 5 & 6):
1. LibertyllNillage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge (A.D. 05-3)
2. Sydney Harbour (A.D. 07-2)
RECOMMENDATION: Staff recommends adoption of the resolutions.
BACKGROUND: The City of Bakersfield has issued Limited Obligation Bonds for each of the Assessment
Districts listed above. The Districts are generally formed at the request of a developer who requests
assistance from the City in financing certain public improvements such as sewer lines, water lines, streets,
curb & gutter, storm drains and other incidental costs. Liens are placed on each property within the
District boundaries and the bonds are repaid from the annual assessments levied and collected on annual
property tax bills. These bonds are issued pursuant to the Improvement Bond Act of 1915 of the California
Streets and Highways Code.
In each of the above Districts, the City has covenanted with the bond holders to initiate an administrative
foreclosure process no later than October 1 in any year when delinquencies within a given District near or
exceed 5°r6 of the annual levy placed on the tax bill to pay the annual principal and interest on the bonds.
Delinquencies on each of the above referenced Districts have reached the above threshold for the
December 10, 2008 installment. The 2 Districts listed above include 669 delinquent parcels totaling
$289,200.
The City is under no obligation to use City funds to make the debt service payments, but we do have an
obligation to make a good faith effort to collect the annual assessments and pursue collection of
delinquent assessments.
Normally we would request this action after June 30 delinquency information is available, however due to
the high percentage of developer owned delinquencies in each of these districts we feel it is in the best
interest of the bond holders if we initiate these actions sooner rather than later. The delinquency status on
the Sydney Harbour district will require the City to dip into District reserves in order to make the March 2,
2009 interest payment. This tapping of reserve funds will trigger an immediate significant event disclosure
issue. Adoption of this resolution will demonstrate the City's commitment to fulfill our covenant obligations
to the bond holders of this District.
nks
S:1ad foreclosure resos Jan 2009 v2.doc
February 13, 2009, 12:19PM
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ADMINISTR
ATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , ,~ .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~1~?n
DATE: February 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution forming a Traffic Signal Maintenance District, to be designated as -19!(34tr,
St, San Dimas NE), confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On February 11, 2009, the Council adopted Resolution of Intention No. 1630 to form a
Traffic Signal Maintenance District at the location listed above. Inclusion in a Traffic Signal Maintenance
District will provide for the maintenance of convenient traffic signals within the district.
Staff is recommending the formation of the new Traffic Signal Maintenance District.
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.
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G:\GROUPDATWDMINRPT12009\02-25\Estab TS-19 Admin.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: February 12, .2009
APPROVED
DEPARTMENT HEAD /~~
CITY ATTORNEY
CITY MANAG
SUBJECT: Resolution vacating Resolution No. 035-08, which certified final Environl~ent~l Impact
Report, Resolution No. 036-08, which approved General Plan Amendment No.' 05-1580,
and Zone Change Ordinance No. 4502, which approved concurrent Zone Change No. 05-
1580 on approximately 220 acres located south of Panama Lane and east of Nord Avenue
for the Ten Section Project. (Ward 5, upon annexation)
RECOMMENDATION:
Staff recommends adoption of the proposed resolution.
BACKGROUND:
In February 2008, City Council approved an EIR, General Plan Amendment, and Zone Change for
a residential development known as the Ten Section Project.
The adequacy of the EIR, General Plan Amendment, and Zone Change were challenged in a
lawsuit filed in Kern County Superior Court entitled "Sierra Club v. City of Bakersfield, et aL" The property
owners subsequently sold the property back to the original owner and no longer wish to pursue
development under the entitlements they had obtained. The parties to the lawsuit have expressed a
willingness to resolve the matter by entering into a stipulation and court order vacating the EIR, General
Plan amendment and zone change.
RMS:Isc
February 12, 2009, 4:08PM
S:\COUNCILUIdminsW6-09 Admins\TenSecDecertEIR,GPA-ZC.doc
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° ADMINISTRATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , '
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD -~ 1~ ~
DATE: February 12, 2009 CITY ATTORNEY ~'/,~~/
CITY MANAG
SUBJECT: Resolution of Intention No. 1631 to form a Traffic Signal Maintenance Districi' designated
as TS-20 (So H, Panama SE) and preliminarily adopting, confirming and approving the
Public Works Director's Report. (Ward 7)
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 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:\GROUPDATWDMINRPT\2009\02-25\TS-20 ROI AdminReport.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM:
o ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 3, 2009 CITY ATTORNEY _ _ ,
CITY MAN
SUBJECT: Agreement with Grant Deed Unlimited, LLC to purchase real property located no h of
Stockdale Highway at the extension of Jenkins Road for $16,500 for the Westsid Parl
(Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway for several years. The
property currently being acquired is a vacant undeveloped parcel owned by the Grant Deed Unlimited,
LLC, a California limited liability company. The purchase price of $16,500 is the property's fair market
value as established by an appraisal prepared by Michael C. Burger, 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.
February 3, 2009, 9:17AM
P:\MyFilesWdmin Reports\GDU.doc
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ADMINIST
RATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD i~BU
DATE: February 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Traffic Impact Fee Agreement No. 07-104 with Le nar Homes of
California, Inc. (Ward 4)
RECOMMENDATION: Staff recommends approval of the agreement
BACKGROUND: On March 28, 2007, the City of Bakersfield and Lennar Homes of California entered
into Traffic Impact Fee Agreement No. 07-104 in order to credit Lennar for its portion of regional
transportation impact fees ($5,717,648.00) as the result of constructing several improvements on Snow
Road. At that time, there were eleven (11) residential tracts listed on Exhibit "C" of said agreement that
were eligible to receive the traffic impact fee credit.
Lennar Homes of California desires to amend Exhibit "C" by adding three (3) more of its residential tracts
to the list of tracts eligible for the traffic impact fee credit. This amendment will add Tracts 6462, 6361, and
7094 to the list of tracts eligible for the traffic impact fee credit.
ps
G:\GROUPDA7IADMINRPT12009\02-25\Lennar Amendment 1 Admin Report.doc
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ADMINISTRAT
IVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ' M .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 10, 2009 CITY ATTORNEY
CITY MANAG
SUBJECT: Amendment No. 2 to Independent Contractor's Agreement No. PW 08-016 with~Power
Management Incorporated ($39,900.00; for a revised total contract amount of
$79,900.00) for repair and maintenance of Deutz engine at Wastewater Treatment Plant
No. 2 (Ward 1).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Power Management Incorporated is a contractor specialized in Deutz engine
repair, maintenance, and emission compliance. The scope of work included in Amendment 2 is on-site
repair and maintenance of the Deutz engine for Wastewater Treatment Plant No. 2, and perform
emission controlled engine performance. Although Wastewater Division staff performs all routine
maintenance on the engines, all major repairs and overhauls are delegated to outside sources. The
City does not have expertise on staff to perform major repairs including overhauls to the Deutz engine.
Continuous operation of the Deutz engine significantly reduces the annual cost of electricity to operate
Wastewater Treatment Plant No. 2.
Sufficient funds are budgeted to fund this Amendment.
PMI agreement PWOS-016
PW WW: Is
G:\GROUPDAT\ADMINRPT\2009102-25\PMI Amendment 2 Admin Report.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , n ,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: February 12, 2009
APPROVED
DEPARTMENT HEAD_ ,~S
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 08-045 with Loop Electric extending the term for one
(1) year and adding $40,000 (for a total not to exceed amount of $120,000) to the Annual
Contract for vehicle loop cutting. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On February 20, 2007, City entered into agreement for the Annual Contract for Vehicle
Loop Cutting for the Public Works Department, in the amount of $40,000. The agreement allows for four
(4) consecutive one-year extensions, if all parties agree. On March 12, 2008, Council executed
Amendment No. 1 adding an additional $40,000 for a revised not to exceed amount of $80,000 and
extending term one year to expire in February 2009. If approved, Amendment No. 2 will add $40,000 for a
revised not to exceed amount of $120,000 and will extend term one year to expire in February 2010.
Extending the Agreement allows the City to continue working with a good provider and saves staff time
and efforts required if this item were to be re-bid.
Purchasing Division
S:~PURCHWDMIMAmendmentsWmendment #2 to Agreement 08-045, Loop Electric, February 25, 2009.doc
February 12, 2009, 10:17AM
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ADMINISTRATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: February 10, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MAN
SUBJECT: Contract Change Order No. 2 to Agreement No. 06-184 with Bakersfiei'd ell & Pump
Company ($29,940.00 for a revised not to exceed award of $842,885.00) for p oviding
PG&E underground distribution and service to Domestic Water Well No. CBK-45 located at
1500 Jenkins Road, North of Brimhall Road (Ward No. 4)
RECOMMENDATION:
Staff recommends approval of the Contract Change Order.
BACKGROUND:
In order to provide the necessary power supply to the new domestic water well site CBK-45 the contractor
was required to bore under Jenkins Road and install conduit, pull boxes, and wiring as per PG&E design.
This phase of the project is typically not included in the scope of work for the contract and was anticipated
as required for PG&E service.
This is the second Contract Change Order submitted for this project. This change order will increase the
project total by $29,940.00.
Original Contract Amount = $749,135.00
Amended Contract Amount and Change Order 1 = $812,945.00
Amended Contract Amount and Change Order 2 = $842,885.00
Net Increase = $29,940.00
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February 10, 2009, 9:31AM
S:\2009 ADMIN REPORTS\Feb250002 BkrsfldWell&Pump.doc
ADMINISTRATIVE REPORT
MEETING DATE February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: February 17, 2009 CITY ATTORNEY v
CITY MANAGER
SUBJECT: Contract Change Order #2 to Contract No. 08-126 with Floyd Johnston Construction ompany, in the
amount of $43,000.00 (revised total not to exceed $651,264.00) for removal and replacement of 8,000 sq. ft. of
pavement within the number 3 lane of northbound Coffee Road from the Friant Kern Canal crossing of Coffee Road
to Downing Road. (Wards 2, 3 & 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This additional section of roadway is required to be repaved due to the water pipeline installation
that required more trenching in the pavement area of Coffee Road than was specified in the contract. The Public
Works Department determined the limits and extent of pavement reconstruction for this section of Coffee Road.
Original Contract Amount :.................................................................................................$531,914.00
Change Order #1 Amount of :..............................................................................................$76,350.00
Change Order #2 Amount of ...............................................................................................$43,000.00
Total to Date :................................................................................................................. $651,264.00
S:\2009 ADMIN REPORTS\admin02252009FIoydJohnston0002.doc
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!° ADMINIST
RATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 12, 2009 CITY ATTORNEY ~
CITY MANAGER
P
SUBJECT: Accept bid and award contract to Restroom Facilities, LTD. ($304,9 .00) for the
construction of the Mill Creek Prefabricated Restroom Facility (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. City
staff put together plans to construct a prefabricated restroom for Central Park.
There are sufficient funds available to award this contract.
On January 27, 2009, a total of five (5) bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Restroom Facilities, LTD.
400 Western Rd.
Reno, NV 89506 in the amount of $304,986.00
Brown and Fowler Construction, Inc.
3008 Antonino Ave.
Bakersfield, CA 93308 (City) in the amount of $368,800.00
JTS Construction
7001 McDivitt Dr. Ste B
Bakersfield, CA 93313 (City) in the amount of $388,500.00
Granite Construction
585 W. Beach Street
Watsonville, CA 95076 in the amount of $397,278.00
Trinity Construction
29115 Hook Creek Rd.
Cedar Glen, CA 92321 in the amount of $446,210.00
(tma)
(P9C101)
February 12, 2009, 11:50AM
G:\GROUPDAT\ADMINRPT\2009\02-25\Mill Creek Prefab Restroom Facility.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , Y-,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 13, 2009
APPROVED
DEPARTMENT HEAD NS
CITY ATTORNEY
CITY MANAG
Accept bid from GeoNav Satellite Systems ($61,121.78) for a GPS Survey System for the
Public Works Department, Engineering Construction/Survey Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for a GPS Survey System.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) suppliers for GPS survey systems
for the Public Works Department, Engineering Construction/Survey Division. Four (4) bids were received
in response to solicitation. Upon City staff review, it was determined the lowest bidder did not meet the
training and support requirements of the bid. Galileo Instruments, Inc. (the initial low bidder) has
requested to rescind their bid offer and be relieved of the obligation to supply the order. Staff has
reviewed this request and recommends allowing Galileo Instruments, Inc. to rescind their bid. The next
lowest bid from GeoNav Satellite Systems in the amount of $61,121.78 is still within budget guidelines for
the project.
Bids received, including the rescinded bid, are as follows:
BIDDER
Galileo Instruments, Inc.
San Clemente, California
GeoNav Satellite Systems
Ventura, California
GPS Equipment Outfitters
Coarsegold, California
Absolute Accuracy, Inc.
Los Angeles, California
AMOUNT
$55,635.99 (Bid rescinded by vendor prior to award)
$61,121.78
$65, 604.83
$66, 988.35
Staff finds the bid from GeoNav Satellite Systems, Ventura, California to be acceptable and recommends
award in the amount of $61,121.78.
Purchasing Division
S:IPURCHWDMIN\GPS Survey System, 08-09-35, February 25, 2009.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , S
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~' ~ l/~
DATE: February 19, 2009 CITY ATTORNEY ~
s
CITY MANAGER
i
SUBJECT: Accept bid from Wesco Distribution ($322,675.57) for decorative lights and bollards for Mill
Creek Linear Park. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the bid for decorative lights and bollards.
BACKGROUND: Invitations to Bid were sent to over three hundred (300) suppliers for decorative lights
and bollards for the Public Works Department, Engineering Division. Eleven (11) bids were received in
response to solicitation and are shown below.
The initial review of the submitted bid documents indicated that the equipment proposed by Wesco
Distribution did not conform to the City's requirements for this project. In subsequent discussions with
Wesco Distribution, their staff committed to making necessary modifications to their equipment so that it
will conform to the City's requirements. City staff, therefore, withdraws the previously issued letter that
stated Wesco Distribution's bid was unacceptable and now recommends award to Wesco Distribution.
BIDDER AMOUNT
Wesco Distribution $322,675.57
Bakersfield, Califomia
Graybar Electric $354,669.27
Bakersfield, California
Stewart Electric Supply $359,444.55
Bakersfield, Califomia
Consolidated Electrical Distributors $364,818.38
Bakersfield, Califomia
Walters Wholesale Electric $374,226.35
Brea, Califomia
Purchasing Division
G:\GROUPDAT\ADMINRPT12009\02-25\Decorative Lights and Bollards, 08-09-42, February 25, 2009.doc
ADMINISTRATIVE REPORT
Herning Underground Supply $377,913.61
Livermore, Califomia
Alameda Electrical Distribution, Inc. $471,219.82
Goshen, California
Globe Electric Company, Inc. $472,540.70
Houston, Texas
Herning Underground Supply $497,055.49
Livermore, California
West-Cite Supply Company, Inc. $560,073.70
Cerritos, California
Kern Electric Distributors $588,665.65
Bakersfield, Califomia
Staff finds the low bid to be acceptable and recommends award of the bid to Wesco Distribution,
Bakersfield, Califomia in the amount of $322,675.57.
Purchasing Division
G:\GROUPDAIIADMINRPT12009\02-25\Decorative Lights and Bollards, OS-09-42, February 25, 2009.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , ~, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 17, 2009
APPROVED
DEPARTMENT HEAD .N5
CITY ATTORNEY
CITY
Reject bid for the Annual Contract for Irrigation Parts and Supplies. (Citywide)
RECOMMENDATION: Staff recommends rejection of bid.
BACKGROUND: Invitations to bid were sent to 179 vendors for the Annual Contract for Irrigation Parts
and Supplies. Only one bid was received. The sole bid did not meet the minimum specifications for the
annual contract as they did not provide for the proper coverage amount in their bid bond. Two local
vendors expressed interest in bidding after the bid deadline had passed. One had submitted their bid after
the deadline; the other vendor simply missed the deadline.
Staff recommends rejection of the bid. Staff will re-bid the project in an effort to obtain bids meeting the
necessary requirements of the contract.
Purchasing Division
S:WdminWdmin Reports~Reject Bids - AC Irrigation Parts and Supplies, 08-09-17, February 25, 2009.doc
February 17, 2009
A
ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: February 4, 2009 CITY ATTORNEY
CITY MANAG
SUBJECT: Appropriate $8,500 Building Plan Check Revenues to the Building Dep~ment,bperating
budget within the Development Services Fund for third party review of Time Based Egress
Analysis and Fire Modeling Basis of Design Report for the Padre Hotel. (Ward 2)
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
During the plan review process, Schirmer Engineering was hired by the architect of record to prepare a
Time Based Egress Analysis and Fire Modeling Basis of Design Report in order to justify their code
modification proposals. Because of its technical complexity, Building Department staff and the developer
agreed to evaluate the Schirmer Engineering's report through an independent Life & Fire Safety expert.
The developer also agreed to pay for the additional evaluation service.
February 10, 2009, 2:34PM
S:1DanaWDMINS\2009\Feb\2-25-RJA Padre Appro of Funds.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council ,,APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD :~~
DATE: February 4, 2009
CITY ATTORNEY
CITY
SUBJECT: Appropriate $10,000 Developer Contribution to the Planning Department orating
budget within the Development Services Fund for providing professional co~isulting
services related to environmental analysis and recirculation of agricultural resources
section for GPA/ZC 03-0337 (Canyons). (Ward 3)
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
This action will fund a consultant to conduct the review and provide additional analysis of potential
environmental impacts to agricultural resources as a result of the Canyons project. WZI, Inc. is a
qualified consultant in preparing environmental analysis for agricultural resources.
Additional review of the Canyons EIR is required in response to comments related to potential
environmental impacts to agricultural resources as a result of the Canyons project. These comments
were submitted during the December 2008 Planning Commission hearing and additional environmental
review is necessary. The document will be prepared in accordance with CEQA Guidelines and be
available for public review.
The Canyons site is located in the northeast Bakersfield, south of Hart Memorial Park. The 888.68 acre
site is bounded by Alfred Harrell Highway to the west, north and east. It proposes the development of a
new community with residential, commercial, and recreational land uses. The proposed mixed-use
project is primarily residential and includes the development 1,214 single-family residential lots on
approximately 521.26 acres, approximately 120 multi-family dwelling units on approximately 74.86
acres, 8.15 acres of general commercial; three proposed public parks.
Febn~ary 10, 2009, 2:33PM
S:\DanaWDMINS\2009\Feb\2-25-WZI Canyons Appro of Funds.doc
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~ ° ADMINISTRATIVE REPORT
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MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Hearing Calendar
__ _ ITEM: 9, q .
TO: Honorable Mayor and City Council APPROVED
FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD
DATE: February 13, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider the proposed expenditure plan for the second quarterly
installment from the Supplemental Law Enforcement Services Funding (S.L.E.S.F.)'grant.
1. Appropriate $131,025.00 State Grant revenues to the Police Operating Budget
within the S.L.E.S.F. Fund.
RECOMMENDATION: Staff recommends approval of the proposed expenditures and appropriations.
BACKGROUND:
Since the passage of Assembly Bill (A63229) Citizen's Option for Public Safety in FY1996-97, the City of
Bakersfield Police Department has received an annual sum from the State's Supplemental Law
Enforcement Services Fund (S.L.E.S.F.). The program was designed to provide State funds to local law
enforcement agencies for the purpose of addressing current front fine law enforcement needs. For each
year the City receives monies from the S.L.E.S.F., the Chief of Police must submit written requests to the
City Council specifying the front line law enforcement needs and those personnel, equipment and
programs that are necessary to meet those needs; and the City must conduct a public hearing to consider
the requests. This year the City is eligible to receive $524,100.00. However, per the California
Department of Finance, "legislation concurrent with the 2008 Budget Act now requires that COPS/JJCPA
payments to be distributed in four equal installments in September, December, March and June." This
hearing is for the second quarterly installment of $131,025.00
Per CA Government Code 30062, "moneys allocated from a Supplemental Law Enforcement Services
Fund (SLESF) to a recipient entity shall be expended exclusively to provide front line law enforcement
services. These moneys shall supplement existing services, and shall not be used to supplant any
existing funding for law enforcement services provided by that entity."
The Chief of Police hereby requests approval for the amount of $131,025.00 to the Police Department's
operation budget for police operations.
\\citynas\homedirs\dbranson\BPDWDMIN RPTSViDMIN RPTS FY OS-09\ADMIN RPT - (02-25-09) 2008-10 SLESF HEARING.doc
2/2/2009 10:16 AM Page 1 of 1
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1
MEETING DATE: February 25, 2009 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD.
DATE: February 10, 2009 CITY ATTORNEY
CITY
SUBJECT: Public hearing on Resolution of Necessity ("RON") to determine whether the j!iublic
interest and necessity require acquisition by eminent domain of a temporary
construction easement upoNacross/over property located in Bakersfield, California,
specifically APN 500-571-08 (Jared and June Salvo) for the Westside Parkway project.
(Code Civ. Proc. § 1240.010) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the
intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley
Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and ending near
SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes
from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes
from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the
parkway. The Project will also include the construction of interchanges at Allen Road, Calloway Drive,
Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the
Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the
BN&SF Railroad.
Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways,
the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic
capacity and circulation between northwest Bakersfield and the downtown area and between the California
Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and
accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project
were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental
Impact Report ("Tier 1 EIS/EIR"), which the City Council approved on June 12, 2002. Additional
information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft
Environmental Impact Report for the Westside Parkway Project ("Tier 2 EIS/EIR"), which has been
approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works. Both
the Tier 1 EIS/EIR and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads
Improvement Program, 900 Truxtun Avenue, Suite 200.
The subject temporary construction easement to be acquired is located on APN 500-571-08. The subject
temporary construction easement is necessary for the construction of a sound wall on adjacent property
ADMINISTRATIVE REPORT
thereto for a portion of the Westside Parkway Project. The temporary construction easement will be
approximately ten (10) feet wide and consisting of approximately 961 square feet and is depicted in the
exhibit attached to the RON.
Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the
temporary construction easement. A proposed Resolution of Necessity is attached to this report and
includes legal descriptions and plat maps of the temporary construction easement to be acquired. All
statutory findings have been made and are set forth in the RON.
JURMS:Isc
Attachments
S:\COUNCILWdmins\OS-09 Admins\RON.Salvo.doc
A
~ T r
ADMINISTRATIVE REPORT
~~ .,.*
MEETING DATE: February 25, 2009 AGENDA SECTION: Consent Calendar Hearings
ITEM: G,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: February 10, 2009 CITY ATTORNEY
CITY MANAG
SUBJECT: Public hearing on Resolution of Necessity ("RON") to determine whether the public
interest and necessity require acquisition by eminent domain of a temporary
construction easement upon/across/over property located in Bakersfield, California,
specifically APNs 500-020-40, 41, 46, 47 (BLC Glenwood-Gardens AL, L.P./Brookdale
Senior Living, Inc.) for the Westside Parkway project. (Code Civ. Proc. § 1240.010)
(Vllard 5)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the
intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley
Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and ending near
SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes
from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes
from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the
parkway. The Project will also include the construction of interchanges at Allen Road, Calloway Drive,
Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the
Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the
BN&SF Railroad.
Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways,
the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic
capacity and circulation between northwest Bakersfield and the downtown area and between the California
Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and
accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project
were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental
Impact Report ("Tier 1 EIS/EIR"), which the City Council approved on June 12, 2002. Additional
information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft
Environmental Impact Report for the Westside Parkway Project ("Tier 2 EIS/EIR"), which has been
approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works. Both
the Tier 1 EIS/EIR and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads
Improvement Program, 900 Truxtun Avenue, Suite 200.
ADMINISTRATIVE REPORT
The subject temporary construction easement to be acquired is located on APNs 500-020-40, 41, 46, 47.
The subject temporary construction easement is necessary for the construction of a sound wall on adjacent
property thereto for a portion of the Westside Parkway Project. The temporary construction easement will
be approximately ten (10) feet wide end consisting of approximately 21,856 square feet and is depicted in
the exhibit attached to the RON.
Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the
temporary construction easement. A proposed Resolution of Necessity is attached to this report and
includes legal descriptions and plat maps of the temporary construction easement to be acquired. All
statutory findings have been made and are set forth in the RON.
JL/RMS:Isc
Attachments
S:\COUNCILWdmins\0&09 Admins\RON.BrookdaleSr~iving.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Hearing
ITEM: °~. ~, _
TO: Honorable Mayor and City Council APPRC
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: February 6, 2009 CITY ATTORNEY_ ~1~~
CITY MANAG
SUBJECT: A Resolution regarding establishment of agricultural preserves and procedur'~s for
filing and processing requests to establish, disestablish, enlarge and diminish ai
preserves within the City of Bakersfield (City-wide).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Williamson Act (Government Code Section 51200 et seq.) establishes rules and procedures regarding
agricultural land conservation contracts and agricultural preserves. Within the Act, cities and counties are
designated to administer such contracts and preserves.
More specifically, Section 51231 states that each city or county "by resolution, shall adopt rules governing
the administration of agricultural preserves, including procedures for initiating, filing, and processing
requests to establish agricultural preserves." Likewise, "the same procedure that is required to establish
an agricultural preserve shall be used to disestablish or to enlarge or diminish the size of an agricultural
preserve." Furthermore, Sections 51240 and 51242 state that a city or county may preserve and limit the
use of agricultural land by contract, and that such contracted land shall be located in an agricultural
preserve.
The city has no formal procedures for the administration of agricultural land preservation contracts or
agricultural preserves. This resolution establishes such rules and procedures in conformance with the
Williamson Act.
RB
S:V1g Land PreservatlonlAg Preserve ResoluUonWdmin Report.doo
MEETING DATE: February 25, 2009 AGENDA SECTION: Hearings
ITEM:. ~j, e.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD '
DATE: February 13, 2009 CITY ATTORNEY
CITY MANAGER,
SUBJECT: Housing Element Update -General Plan Amendment No. 07-1519 (All
The City of Bakersfield is required to update its Housing Element every five years
Government Code Section 65580-65589.8.
Resolution approving the Negative Declaration and adopting the updated
Housing Element (2008-2013) with incorporation of comments from the State
Department of Housing and Community Development.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment (Housing Element Update).
BACKGROUND:
State law requires each city and county to adopt a housing element as part of its general plan. The
Housing Element is required to be updated every five years and is subject to detailed statutory
requirements and mandatory review by a the Department of Housing and Community Development
(HCD). The updated City of Bakersfield Housing Element contains all of the content as required by
state law. Housing element law requires local governments to adequately plan to meet their existing
and projected housing needs including their share of the regional housing need per the Regional
Housing Needs Assessment (RHNA) developed by the Kem COG. The City of Bakersfield has
received a letter from the Department of Housing and Community Development dated February 3,
2009 indicating substantial compliance with general plan law pertaining to Housing Elements. After
City Council adoption of the Housing Element, the City is required to send an adopted Housing
Element to HCD.
On March 31, 2008, the City of Bakersfield Development Services Department held a public
workshop to review the Draft Housing Element, to describe the Housing Element Update process,
and to gain additional input from the community on housing needs. A public review draft, dated April
10, 2008, was prepared and made available to the community fora 60-day review period. The Notice
of Availability of the document was posted on the City's web site and was sent to 155 agencies,
service providers, and individuals. One letter was received from Kem County Department of Mental
Health. Those comments have been incorporated. The Planning Commission conducted a public
hearing on this general plan amendment on July 17, 2008, and recommended approval to the City
Council. No individuals or agencies present at the hearing opposed the request.
ADMINISTRATIVE REPORT
Page 2
This project is an amendment to the Housing Element and is consistent with the Metropolitan
Bakersfield General Plan. Services are available and no public agency has identified any issues with
the proposal. The Housing Element contains all the information required by State law. The City of
Bakersfield provides the necessary acreage suitable for. housing and financing to achieve the state
goals contained within the policy document.
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 June 6,
2008, in accordance with CEQA. The Negative Declaration/Initial Study and Draft Housing Element
were sent to the State Clearinghouse fora 30 day review by state agencies and the public. The
review period was from June 10, 2008 through July 9, 2008. The project should not create significant
environmental impacts.
CGS:\Housing Element\2008 Update\CC meeting Feb 25WdmIn Report.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Hearings
ITEM: /(~ r (,~
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: February 13, 2009 CITY ATTORNEY ~Q
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 08-1079 (Ward 4 upon annexation) ~
Eric Sertic, representing CNC Properties LLC, the property owners, has applied for a
general plan amendment and zone change on approximately 32.91 acres generally
located at the northeast corner of Rosedale Highway (SR-58) and Jenkins Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from UER (Urban Estate
Residential) and ER (Estate Residential) to OC (Office Commercial), GC (General
Commercial), and SR (Suburban Residential) on 32.91 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 101-23 from A (Agriculture
Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development
Zone), C-O/PCD (Professional and Administrative Office/Planned Commercial
Development Zone), and E (Estate Zone) on 32.91 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:
This item was continued on February 11, 2009, by the City Council to this meeting to discuss concerns
from adjacent property owners with the applicant/property owner.
This project site is located at the northeast comer of Rosedale Highway and Jenkins Road. The
applicant is requesting to amend the Metropolitan Bakerst<eld General Plan Land Use Element to
change the land use designations from A (Agriculture Zone) to C-2/PCD (Regional
Commercial/Planned Commercial Development Zone), C-O/PCD (Professional and Administrative
Office/Planned Commercial Development Zone), and E (Estate Zone) on 32.91 acres. The project
also includes annexation into the City.
The property owner, for December 2004 GPA cycle, submitted a General Plan Amendment/Zone
Change (#041340) request to change the land use designation to HMR & LI and prezoning to R-2 and
M-1 for the site. At that time the proponent did not have any specific development plans and the
nearby residents opposed the project. The Planning Commission on December 16, 2004,
recommended denial of the proposal and the proponent eventually withdrew the application.
ADMINISTRATIVE REPORT
Page 2
The applicant resubmitted a proposal for horizontal mixed use development which includes commercial
& office use and a residential buffer along the northern portion. This proposal would allow for the
development of 32 single-family dwelling units in the northem portion of the site, 77,750 square feet of
gross leasable area (GLA) for retail commercial and approximately 41,000 square feet of professional
office space on the southern portion of the 32.91-acre site. Primary access to the site has yet to be
determined, however, will likely occur from Jenkins Road. Jenkins Road is designated as a collector on
the Circulation Element of the Metropolitan Bakersfield General Plan. The site is also adjacent to
Rosedale Highway (State Route 58), which is under the responsibility of Caltrans. Caltrans may grant
access to the site from Rosedale Highway. This access is covered under Condition # 16. Rosedale
Highway is designated as an arterial on the Circulation Element of the Metropolitan Bakers#eld General
Plan. Development of the site will require full dedication and improvements to both Rosedale Highway
and Jenkins Road (Condition #11a). The area east of the site has an approved Tentative Tract (Tract
6921) for the development of estate size single family residential lots and a church site along Rosedale
Highway. This area was recently annexed to the City (Annexation No. 553 completed on January 29,
2008). In response to desires of the property owners to the north, Phairfield Street will be "cut ofP and
become a cul-de-sac through conditions for Tract 6921.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 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.
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 November 12,
2008, in accordance with CEQA.
BM: - S:\GPA 4th 2008\OS-1079\Adm SRWdmin Report OS-1079 Cont.doc
MEETING DATE: February 25, 2009 AGENDA SECTION: Report
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 12, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY JQ~
CITY MANAGER
SUBJECT: Status of Thomas Road Improvement Program (TRIP) (Various Wards).
Staff will provide a brief update on TRIP including updates specifically on the Centennial Corridor Project
and the TRIP Financial Plan.
(kpb)
February 12, 2009, 11:28AM
G:\GROUPDATWDMINRPT\2009\02-25\Status of TRIP.doc
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ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2008 AGENDA SECTION: Closed Session
ITEM: ~ ~', 0.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: February 12, 2009
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY I~(or
CITY MANAGER
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Robert Pratt v. City of Bakersfield
KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW
VG:Isc
S:\COUNCIL\CI SessWdminsWB-09\2-25-09ExistLit.doc
A
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ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2009 AGENDA SECTION: Closed Session
ITEM: ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 12, 2009
Conference with Labor Negotiator pursuant to Government Code section 54957.6.
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY >/
CITY MANAGER
6
VG:Isc
S:ICOUNCIL\CI SessWdmins\OB-09\2-25-09LaborNeg.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 11, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Benham, Weir, Couch,
Sullivan
Absent: Councilmembers Carson, Hanson
2. INVOCATION by Pastor John May, Rio Bravo Valley Baptist
Church
3. PLEDGE OF ALLEGIANCE by MacKenzie Sawyer, 3rd grade
student at Del Rio Elementary.
4. PUBLIC STATEMENTS
Marvin Dean spoke regarding southeast community jobs
and contracts, and provided written material.
Councilmember Benham referred Mr. Dean's proposal
to the Budget & Finance Committee.
Pauletta Taylor spoke regarding training programs and jobs
for youth in the community.
5. WORKSHOPS
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Erica George, Miss Teen Bakersfield 2008,
declaring February 11, 2009 Erica George Day.
Erica George received the proclamation and made
comments.
ACTION TAKEN
Councilmember Couch requested another public statement
be allowed to take place at this time.
Bakersfield, California, February 11, 2009 -Page 2
4.
7.
8.
PUBLIC STATEMENTS continued
ACTION TAKEN
Joshua Cohen, from Boy Scout Troop 194, spoke regarding
a Community Awareness Fair taking place on March 1,
2009, and provided written material.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 28, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 16,
2009 to January 29, 2009 in the amount of
$12,204,875.40 and self-insurance payments from
January 16, 2009 to January 29, 2009 in the amount
of $223,607.51.
Ordinances:
c. First Reading of Ordinance amending Municipal
Code Section 1.12.040 by adding Annexation No.
605 consisting of 20.83 acres, located on Hooper
Avenue, between Coffee Road and Patton Way to
Ward 4.
d. Adoption of the following Ordinances:
1. Amending Section 3.12 020 of the Municipal
Code relating to presentation of claims
against the City.
2. Amending Section 8.80 170 of the Municipal
Code relating to payments to the Finance
Director regarding abatement of public
nuisances.
3. Amending Sections 14.04.050 and
14.04.100 relating to payments to the City
Treasurer regarding bills for water service in
the Ashe Water Service Area.
Resolutions:
e. Sewer Construction and Connection Fees:
Resolution confirming assessments for the
construction and connection fee(s) and
authorizing the collection of assessments by
the Kern County Tax Collector.
ABS WEIR
FR
ORD 4562
ORD 4563
ORD 4564
RES 010-09
Bakersfield, California, February 11, 2009 -Page 3
8. CONSENT CALENDAR continued
Item 8.e. continued
2. Agreement with Teodulo Ortiz & Virginia
Ortiz, 4304 Joseph Drive to pay construction
and connection fee(s) in installments and
notice of special assessment lien.
Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
Annexation No. 515 consisting of 11.37
acres, located on the south side of Taft
Highway, west Stine Road.
2. Annexation No. 612 consisting of 0.24 acres,
located on the north side of Belle Terrace,
between McDonald Way and Fiorito Street.
g. Resolution to authorize sale of surplus fire engine
(Reserve Engine 215) to the Bakersfield College
Fire Technology Program for One Dollar.
Resolution of Intention No. 1630 to form a Traffic
Signal Maintenance District, designated as TS-19
(34th St, San Dimas NE) and preliminarily adopting,
confirming and approving the Public Works
Director's Report.
Agreements:
On-Call Civil Engineering and Surveying
Agreements:
Amendment No. 3 to Agreement No. 05-247
with AECOM USA (formerly DMJM Harris) to
extend term by one year to December 31,
2009 (no change in not-to-exceed
compensation amounts).
2. Amendment No. 3 to Agreement No. 05-252
with Willdan to extend term by one year to
December 31, 2009 (no change in not-to-
exceed compensation amounts).
Amendment No. 1 to Agreement No. WR 07-004
with Jones & Stokes ($28,740; revised total not to
exceed $68,740) to provide Year 2 Environmental
Mitigation Monitoring Services as described in the
City's Mitigation and Monitoring Plan for the Lower
Kern River.
ACTION TAKEN
AGR 09-018
RES 011-09
RES 012-09
RES 013-09
RO/ 1630
AGR 05-247(3)
AGR 05-252(3)
AGR 09-019
Bakersfield, California, February 11, 2009 -Page 4
8. CONSENT CALENDAR continued
Contract Change Order No. 1 to Contract No.
08-126 with Floyd Johnston Construction Company
($76,350; revised total not to exceed $608,264) for
removal of 120 feet of 16" diameter water pipeline
and replace with a 20" diameter domestic water
pipeline along Coffee Road between Granite Falls
Way and the Calloway Canal.
Contract Change Order No. 3 to Agreement No.
08-125 with Maverick Asphalt and Construction
($12,876; revised total not to exceed $1,447,025.70)
for the project known as Full Depth Reclamation
Federal Fiscal Year 2007/2008 Camino Media from
Old River Road to 200' West of Lancashire.
m. Contract Change Order No. 4, No. 5, No. 28 and
No. 39 to Agreement 07-304 with Security Paving
Construction ($261,536.15; revised total not to
exceed $29,939,908.99) for State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
n. Accept bid from Wesco Distribution ($322,675.57)
for decorative lights and bollards for Mill Creek
Linear Park.
o. Accept bid from HPS Mechanical, Inc., ($97,413.03)
for drinking fountains for Mill Creek Linear Park.
p. Accept bid and award contract to Franzen-Hill
Corporation ($63,860) for Vapor Recovery Systems
at the Corporation Yard and Police Department
Fueling Islands.
q. Production and Installation of Recycling Processing
Equipment:
Appropriate $1,500,000 State Department of
Conservation Grant to the Capital
Improvement budget within the Solid Waste
Fund.
2. Accept bid and award contract to Krause
Manufacturing, a division of CP MFG
($1,473,541) for production and installation
of recycling processing equipment.
Accept bid and award base bid plus additive
alternate No. 1 to MGE Underground, Inc.
($727,062) for the installation of Traffic Signal
Interconnect-Part 6.
ACTION TAKEN
AGR 08-126
0001
AGR 08-125
0003
AGR 07-304
0004, 0005,
00028, 00039
REMOVED BY
STAFF
ABS COUCH
AGR 09-020
AGR 09-021
AGR 09-022
8.
Bakersfield, California, February 11, 2009 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
Appropriate $8,982,836 Department of Housing &
Urban Development (HUD) Neighborhood
Stabilization Program Funds to the operating budget
within the Neighborhood Stabilization Program
Fund.
9
t. Transfer $260,000 from several budgeted Public
Works Department's Capital Improvement Projects
within the Capital Outlay Fund to fund on-call civil
engineering and geotechnical consultant services
needed to deliver Economic Stimulus Bill Projects in
a timely manner.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Councilmember Couch announced he would abstain
due to a conflict of interest, potential source of
income fo his employer, on item 8.0.
Motion by Vice-Mayor Scrivner to approve Consent APPROVED
Calendar items 8.a. through S.t. with the removal of AB CARSON,
item 8.n. HANSON
CONSENT CALENDAR HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider General Plan
Amendment/Zone Change 08-1079; Eric Sertic,
representing CNC Properties LLC, the property
owners, has applied for a general plan amendment
and zone change on approximately 32.91 acres
generally located at the northeast corner of
Rosedale Highway (SR-58) and Jenkins Road.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation form UER (Urban Estate
Residential) and ER (Estate Residential) to
OC (Office Commercial), GC (General
Commercial), and SR (Suburban
Residential) on 32.91 acres.
Bakersfield, California, February 11, 2009 -Page 6
10. HEARINGS continued
Item 10.a. continued
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 101-23 from A (Agriculture Zone)
to C-2/PCD (Regional Commercial/Planned
Commercial Development Zone), C-O/PCD
(Professional and Administrative
Office/Planned Commercial Development
Zone), and E (Estate Zone) on 32.91 acres.
City Clerk McCarthy announced correspondence
was received from Mark Capehart in opposition to
the general plan amendment and zone change.
Councilmember Couch requested atwo-week
continuance of the hearing.
Hearing opened at 5:43 p.m.
Eric Sertic spoke in favor of a continuance.
Motion by Councilmember Couch to continue
the hearing to February 25, 2009.
b. Public Hearing to consider General Plan
Amendment/Zone Change 06-1722; McIntosh &
Associates, representing Nickel Family LLC, the
property owner, has applied for a general plan
amendment, specific parks and trails plan
amendment, and zone change on approximately
1,863 acres, generally located to the east of Alfred
Harrell Highway, extending to the City's eastern
boundary encompassing both side of State Route
178 (SR-178). (The Kern River forms the northern
boundary of the proposed project.)
1. Resolution making findings and certifying the
Final Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change
06-1722.
2. Resolution adopting the general plan
amendment changing the land use
designation, the Circulation Element, and
Kern River Plan Element designations as
depicted in Exhibit B attached to the
resolution.
ACTION TAKEN
APPROVED
AB CARSON,
HANSON
RES 014-09
RES 015-09
Bakersfield, California, February 11, 2009 -Page 7
10. HEARINGS continued
Item 10.b. continued
3. Resolution adopting the specific parks and
trails plan amendment to change the Plan
Map as depicted in Exhibit B attached to the
resolution.
4. First Reading of ordinance amending Title 17
of the Municipal Code and Zoning Maps
No. 104-01, 104-10, 104-11, 104-12 & 105-6
(Exhibit F) to change the zoning more
thoroughly described in Exhibit G attached to
the ordinance.
City Clerk McCarthy announced that General Plan
Amendment and Zone Change 06-1722 is in Ward
3 instead of Ward 4, as reflected on the Agenda;
correspondence in opposition to the general plan
amendment and zone change was received from
Sierra Ctub, as well as a response to Sierra Club's
comments by WZI, Inc.
Development Services Director Grady made staff
comments.
Hearing opened at 5:51 p.m.
Deborah Dishington spoke in opposition to the staff
recommendation.
Roger McIntosh, who submitted written material
from Caltrans, and Jamie Nickel spoke in support of
the staff recommendation.
Deborah Dishington spoke in rebuttal opposition to
the staff recommendation.
Hearing Closed at 6:06 p.m.
At the request of Councilmember Weir, Mary Jane
Wilson from WZI spoke in response to Sierra Club's
correspondence.
Motion by Councilmember Weir to adopt the
resolutions certifying the Environmental Impact
Report and approving the proposed general plan
amendment, specific parks and trails plan
amendment and give first reading of the
ordinance.
ACTION TAKEN
RES 016-09
FR
APPROVED
AB CARSON,
HANSON
Councilmember Couch left the meeting.
Bakersfield, California, February 11, 2009 -Page 8
10. HEARINGS continued ACTION TAKEN
c. Public Hearing to consider General Plan
Amendment/Zone Change 08-1238; the City of
Bakersfield has applied for a general plan
amendment and a zone change on 2.5 acres,
generally located east of Kern Island Canal between
19th Street and 21st Street in Downtown
Bakersfield. (Edwin Wilson appealed the decision of
the Planning Commission.)
Resolution approving the Negative
Declaration, denying the appeal, and
approving the general plan amendment
changing the land use designation from
OS-P (Parks and Recreation Facilities) to
MUC (Mixed Use Commercial) on 2.5 acres.
RES 017-09
2. First Reading of Ordinance approving the FR
Negative Declaration, denying the appeal,
amending Title 17 of the Municipal Code and
amending Zoning Map No. 103-30 from OS
(Open Space) to C-C (Commercial Center)
on 2.5 acres.
Development Services Director Grady made staff
comments.
Mayor Hall recessed the meeting at 6:18 p.m. and
reconvened the meeting at 6:26 p.m.
Hearing opened at 6:26 p.m.
Edwin Wilson and Ken Mettler spoke in opposition
to the staff recommendation, and both submitted
written material.
No one spoke in support of the staff
recommendation.
Hearing closed at 6:42 p.m.
At the request of Councilmember Benham, City
Manager Tandy responded to the public comments.
Motion by Councilmember Benham to adopt the APPROVED
resolution approving Negative Declaration, AB CARSON,
denying the appeal and approving the proposed COUCH, HANSON
general plan amendment and give first reading
to the ordinance.
Bakersfield, California, February 11, 2009 -Page 9
11. REPORTS ACTION TAKEN
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to respond fo a
letter concerning patrols in neighborhood parks.
Councilmember Benham asked staff to respond to a
letter regarding service to the city and sfafgng
restraints.
Councilmember Sullivan thanked Josh Cohen for his earlier
comments and encouraged City Council to support his
project.
Councilmember Sullivan mentioned she would like to see
increased enforcement regarding street corner flower
vendors, and that this type of enterprise should not be
supported because of its impact on licensed florists.
Councilmember Sullivan expressed her concern regarding
the litter and graffiti problem in Silver Creek.
Councilmember Sullivan advised she received a letter
indicating Bakersfield has more of a littering problem than
many other cities; stated she appreciates the Mayor's
cleanup effort; and encouraged citizens to volunteer to
participate in cleanup.
Mayor Hall stated he, too, is also overwhelmed with the
litter problem, but has been deterred from his monthly the
freeway cleanup effort due to new restrictions imposed by
CalTrans in November.
Bakersfield, California, February 11, 2009 -Page 10
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:06 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTION TAKEN
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield