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AGENDA HIGHLIGHTS
September 9, 2009 COUNCIL MEETING
REGULAR MEETING - 5:1512.m.
CONSENT CALENDAR
Ordinances
Item 8c. First Reading of Ordinance Approving a Negative Declaration and Amending the
Municipal Code by Chanaina the Zoning From A (Agriculture) to M-1 (Uraht Manufacturina) and
M-2 (General Manufacturing) on 8.7 Acres Generally Located at the Southeast Corner of
Hasaeman Road and Alien Road, East of the A.T&S.F Railroad tracks. The project site referenced
above is currently in the unincorporated area of Kern County and zoned Industrial (M-1-PD and
M-2-PD). The applicant, Marino& Associates/Property Owner: Hageman Road Property, Inc., is
proposing to change the City's Agriculture pre-zone to match the County's existing zoning and
to be consistent with the existing Industrial General Plan designation. This pre-zoning change will
facilitate the applicant's request to annex Into the City.
Resolutions
Item 8d. Resolution Ordering Judicial Foreclosure of Delinquent Assessments (135 Parcels
Totalina $146,807.62) for the Sydney Harbour District AD 07-2. Assessment Districts are generally
formed at the request of a developer to finance certain public Improvements such as sewer
lines, water lines and streets. Uens 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. This City is under no obligation to use City funds to make the debt service
payments, but the City does have an obligation to make a good faith effort to collect the
annual assessments and pursue collection of delinquent assessments.
Item 8e. Amendment to a Resolution Cancelling the October 21, 2009 Regular City Council
Meeting. Due to the fact that there are no scheduled agenda Items to be presented before
the City Council on October 21, 2009, staff is requesting cancellation of this meeting. All other
regular City Council meeting dates for 2009 will remain the same.
Agreements
Item 8k. Agreement with Union Pacific Railroad Co. and San Joaauin Railroad for At-Grade
Highway/Rail Crossing Improvements on Buena Vista Road at Union Pacific Railroad
Buttonwillow Branch in the amount of $465,766.15. The City has a Capital Improvement
Program project to Improve the highway/rail grade crossing on Buena Vista Road at Union
Pacific Railroad, north of Harris Road. The City's project will construct street Improvements
within the railroad right-of-way necessary to bring that portion of Buena Vista Road to Its
ultimate width. It order to do this the City must enter into a Public Road Crossing Improvement
Agreement with the Union Pacific Railroad Company and San Joaquin Valley Railroad (SJVR).
The City is responsible under this Agreement to make payment to SJVR for their work to furnish
and Install the new highway/rail signal warning devises and the concrete panels for the new
crossing surface rails.
Item 8m. Wastewater Treatment Plant No. 3 - 2007 Expansion Project. This item consists of an
Amendment to an Agreement with Parsons Water and Infrastructure for design services during
the construction phase of the project in the amount of $2,706,947; revised not to exceed
$17,650,427. Parsons Water and Infrastructure Is the design engineer for the expansion of
Wastewater Treatment Plant No. 3. This role Includes support services during the project's entire
construction phase, which began In September of 2007 and is scheduled for completion in
March 2010. This Amendment is required to provide additional compensation for the
performance of additional services during this phase. This Item also includes a transfer of
$1,206,947 from the contingency established for the expansion project to the Public Works
Department's Capital Improvement Budget.
M
Item 80. Sports Village Phase 1. The Sports Village Project is located on a 220 acre site on the
north side of Taff Highway between Gosford Road and Ashe Road. The City plans to construct
a recreation facility with a 'Sports Village" theme. The facility will consist of 16 soccer fields, a
soccer stadium, 4 baseball fields, 6 softball fields, 4 football fields, a multi-purpose facility and a
community center. Surrounding areas will feature a park with a lake and two commercial
areas.
The Base Bid for Phase I of the Sports Village includes construction of 8 soccer fields, restroom,
concession stand, parking lot, portion of Fair Play Drive, irrigation system, walkways and all
Infrastructure for Phase 1. Additive Alternate 1 includes all landscaping for Phase 1; Additive
Alternate 2 includes sports field lighting for the 4 soccer fields west of the parking lot, and
Additive Alternate 3 Includes sports field lighting for the 4 soccer fields east of the parking lot.
On August 27, 2009 a total of eleven (11) bids were received with Klassen Corporation being the
lowest. This Item includes accepting the bid and awarding the contract to Klassen Corp. for the
Base Bid and Additive Alternates 1, 2 & 3 in the amount of $6,708,167 and; Appropriation of
$2,000,000 In Park Development Fund balance to the Recreation and Parks Department's
Capital Improvement Fund (Zone 1).
The third action associated with this item is a contract change order to the Agreement with
Klassen Corp. for substitution of installing hydroseed In lieu of sod In all turf areas. This Change
Order will result In a credit of $142,000; revised not to exceed $6,566,167. These actions will
provide sufficient funding to complete all the Improvements of Sports Village Phase I described
above.
Item 8p. Accel2t Bid and Award Annual Contract to Granite Construction Co. for HUD Street
Materials in an amount not to exceed $500,000. In July 2009, bids were sent out for the Annual
Contract for HUD funded street materials. Two (2) bids were received, neither of which
completed the necessary paperwork to qualify for Federal HUD funding. Subsequently, these
bids were rejected by Council on August 19, 2009. Staff re-advertised the project and offered a
pre-bid training/conference to assist bidders in their completion of the required HUD forms.
Two (2) bids were received, both of which completed the necessary paperwork to qualify for
HUD funding. Granite Construction was the low bid. This contract award is for a one-year
period, renewable annually for four (4) consecutive one-year periods at the City's option and
upon mutually agreeable terms.
Agenda Highlights - September 9, 2009 Council Meeting
Page 2
Miscellaneous
Item 8r. Federal ARRA Grant (COPS Hlrina Recovery Program) to Hire and Retain 17 Police
Officers over Three Years in the amount of $5,062,124. The Police Department has recently
been awarded $5,062,124 under the U.S. Department of Justice Community Oriented Policing
Services COPS Hiring Recovery Program (CHRP), This grant is funded by the American Recovery
and Reinvestment Act (ARRA). The CHIRP funding is available to hire full-time career law
enforcement officers. There is no local matching requirement and the grant will pay for salary
and benefits for 17 officers, for three years. After the three years of CHIRP funding, the City must
retain the officers for at least one year to satisfy CHRP grant requirements. This Item Includes
appropriating $850,000 Federal ARRA Grant Revenues to the Police Operating Budget within
the ARRA Grant Fund.
Item 8s. Ap12ropriate $202,108 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant/DOJ) to the General Fund Police Ooe rating Budget for Equipment and
Training. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program Is the primary
provider of federal criminal justice funding to state and local jurisdictions. The Police
Department was awarded these funds on August 24, 2009 and will be using this funding to
purchase equipment and provide training.
CLOSED SESSION
There will be a conference with legal counsel regarding two matters of potential litigation and
one case of existing litigation.
CONSENT CALENDAR HEARINGS
There are two Items on the Consent Calendar Hearings which were both continued from the
August 19, 2009 Council Meeting. Both Items Include applications for General Plan
Amendments and Zone Changes and both projects include conditions of approval related to
traffic, and/or environmental documents that disclose to the public the Impact of traffic on the
environment as a result of the proposed projects traffic mitigation, which relies, partially, on
payment of the Regional Transportation Impact Fee (RTIF). The regional traffic mitigation
conditions assume payment of the correct RTIF. Due to the pending HBA lawsuit, approval of
these projects will make each project, as well as the City, vulnerable to a CEQA challenge
based on unknown clarity as to the adequacy or enforceability of traffic mitigation. Therefore,
each applicant and owner is proceeding at their own risk and are obligated to defend and
indemnify the City as required under our Municipal Code and conditions of approval if the City
is challenged. In addition, the City will reserve the right, if these projects are subject to a lawsuit,
to request a continuance/delay of the adjudication of such a lawsuit until resolution of the RTIF
lawsuit. Given this clarification, staff is recommending approval of both applications.
HEARINGS
Item 12a. General Plan Amendment/Zone Chanae - The Canyons Protect. Robert Kapral,
representing Canyons, LLC (property owner) has applied for a General Plan Amendment and
Zone Change on 889 acres generally located south of Hart Memorial Park and bounded by
Alfred Harrell Highway on the west, north and east sides. This item consists of five (5) actions,
including: Certification of the Final Environmental Impact Report for the Canyons Project;
Agenda Highlights - September 9, 2009 Council Meeting
Page 3
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Adoption of the General Plan Amendment changing the land use designations and the
Circulation Element; Adoption of the Specific Parks and Trails Plan for Northeast Bakersfield
amendment to change the Plan Map; First reading of an ordinance amending Zoning Maps to
change the zoning; and approval of the tentative cancellation of a Williamson Act Contract on
201.20 acres within Kern County Agricultural Preserve No. 14, and the exclusion of 243.20 acres
from the boundaries of Kern County Agricultural Preserve No. 14, located within the Canyon's
development boundaries. Staff recommends adoption of resolutions certifying the Final
Environmental Impact Report and upholding the appeal in part, approving the proposed
General Plan Amendment, Specific Parks and Trails Plan Amendment, tentative cancellation of
the Williamson Act Contract, exclusion from Agricultural Preserve No. 14, and first reading of the
ordinance.
Approved: '
f
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - September 9, 2009 Council Meeting
Page 4
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF SEPTEMBER 9, 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 Father Joseph Chaffee, St. George's Greek Orthodox Church.
3. PLEDGE OF ALLEGIANCE by Matthew Sabin, 4th Grade Student at Bakersfield Carden School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
b. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement plaque and gift certificate to Edward M.
Watts.
b. Presentation by Mayor Hall of Proclamation to Vincent Rojas, 2009 John Brock
Community Service Award winner, declaring the past date of September 3, 2009 as
Vincent Rojas Day in the City.
C. Presentation by Mayor Hall of Proclamation to Robin Starr, President, Child Guidance
Guild, declaring September 9, 2009 as Guild House and The Child Guidance Guild
Day in the City.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 19, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from August 7, 2009 to August 27, 2009 in the
amount of $24,107,218.38 and self-insurance payments from August 7, 2009 to August
27, 2009 in the amount of $194,014.90.
Ordinances:
(Ward 4)* c. First Reading of Ordinance approving a Negative Declaration and amending Title 17
of the Municipal Code by changing the zoning from A (Agriculture) to M-1 (Light
Manufacturing) and M-2 (General Manufacturing) on 8.7 acres generally located at
the southeast corner of Hageman Road and Allen Road, east of the A.T.&S.F. railroad
tracks. (ZC 09-0303) (Applicant: Marino & Associates/Property Owner: Hageman
Road Property, Inc.)
* - upon annexation
8. CONSENT CALENDAR continued
Resolutions:
(Ward 13) d. Resolutions ordering Judicial Foreclosure of Delinquent Assessments (135 parcels
totaling $146,807.62) for Assessment District No. 07-2 (Sydney Harbour).
e. Amendment No. 1 to Resolution No. 187-08 cancelling the October 21, 2009 Regular
City Council Meeting.
(Ward 6) f. Resolution adding territory, Area 2-40 (6000 & 6020 District Boulevard) to the
Consolidated Maintenance District, confirming the assessments, approving the
Public Works Directors Report and authorizing collection of assessments by the Kern
County Tax Collector.
(Ward 3,6) g. Consolidated Maintenance Districts:
1. Resolution of Intention No. 1642 to add territory, Area 2-41 (McDonald Way,
Ming Avenue, NW) to the Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public Works Director's Report.
2. Resolution of Intention No. 1643 to add territory, Area 4-93 (2730 Mall View
Road) to the Consolidated Maintenance District and preliminarily adopting,
confirming and approving the Public Works Director's Report.
Agreements:
(Ward 2) h. Agreement with Bethany Services/Bakersfield Homeless Center ($62,000 Emergency
Shelter Grant funds) to support the operating costs necessary to continue services at
the facility located at 1600 E. Truxtun Avenue.
(Ward 2) i. Agreement with Alliance Against Family Violence and Sexual Assault ($15,788
Emergency Shelter Grant funds) to support the operating costs to continue services.
j. Memorandum of Understanding with the County of Kern (Depts. of Human Services,
Probation Services, Mental Health, Sheriff, Office of the District Attorney, Kern
Medical Center) regarding the Child Assessment Center Protocol.
(Ward 5) k. Agreement with Union Pacific Railroad Co. and San Joaquin Railroad ($465,766.15)
for at-grade highway/rail crossing improvements on Buena Vista Road at Union
Pacific Railroad Buttonwillow Branch.
(Ward 2) I. Amendment No. 2 to Agreement No. PW09-049(1) with Kone, Inc. ($30,000; revised
total not to exceed $53,250.28) for elevator maintenance.
(Ward 6) M. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Amendment No. 6 to Agreement No. 04-214 with Parson Water and
Infrastructure ($2,706,947; revised not to exceed $17,650,427) for design
services during construction phase of the project.
2. Transfer $1,206,947 contingency established for the Wastewater Treatment
Plant No. 3 Expansion Project to the Public Works Department Capital
Improvement Budget.
(Ward 3) n. Contract Change Order Nos. 49, 51 and 61 to Agreement No. 07-304 with Security
Paving Construction ($79,278.25; revised not to exceed $30,341,181.51) for the State
Route 178 and Fairfax Road Interchange Project. (TRIP)
2 City Council Meeting of 09/09/2009
8. CONSENT CALENDAR continued
Bids:
(Ward 6) o. Sports Village Phase I:
1. Accept bid and award contract to Klassen Corp. ($6,708,167) for Base Bid
and Additive Alternates 1, 2 & 3 for project.
2. Appropriate $2,000,000 Park Development fund balance to the Recreation
and Parks Department Capital Improvement Fund (Zone 1).
3. Contract Change Order No. 1 to Agreement with Klassen Corp. ($142,000
credit; revised not to exceed $6,566,167) for substitution of installing hydroseed
in lieu of sod in all turf areas.
(Ward 1,2) p. Accept bid and award annual contract to Granite Construction Co. (not to exceed
$500,000) for HUD street materials.
Miscellaneous:
q. Appropriate $60,000 Other Agency Share of Project to the Public Works Department
Capital Improvement Budget within the Gas Tax Fund for digital orthophotos.
r. Federal ARRA Grant (COPS Hiring Recovery Program) in the amount of $5,062,124, to
hire and retain 17 Police Officers over three years.
1. Appropriate $850,000 Federal ARRA Grant Revenues to the Police Operating
Budget within the ARRA Grant Fund.
S. Appropriate $202,108 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant/DOJ) to the General Fund Police Operating Budget for equipment
and training.
(Ward 1) t. Grant of Easement to County of Kern for drainage purposes at Casa Loma Park.
(Ward 4) U. Easement Deed with Pacific Gas & Electric, Co. for constructing, operating and
maintaining electric energy distribution facilities on the north portion of the 2800 Acre
Recharge Facility and east of Heath Road alignment.
(Ward 4) v. Accept $2,000 contribution from Granite Construction Company, Inc. for future bike
path improvements at Allen Road Bridge.
Staff recommends adoption of Consent Calendar items a through v.
9. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (Two matters)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9(b) (1) (C) for Bakersfield Police Officers'
Association v. City.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
3 City Council Meeting of 09/09/2009
11. CONSENT CALENDAR HEARINGS
(Ward 4)* a. General Plan Amendment/Zone Change No. 09-0023; Luis Hinojosa, Designed
Images, representing Rosedale Verdugo LLC (property owner) has applied for a
general plan amendment and zone change on approximately 25.03 acres generally
located at the northeast corner of Rosedale Highway (SR-58) and Verdugo Lane.
(Hearing continued from the 08/19/09 meeffng.) Staff recommends adoption of resolution
and give first reading to ordinance.
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from LMR/LR (Low
Medium Density Residential/Low Density Residential) to OC (Office
Commercial) on 15.16 acres.
2. First Reading of Ordinance approving the Negative Declaration and
amending Title 17 of the Municipal Code and zoning map from E (Estate), R-1
(One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2
(Regional Commercial) to C-O/PCD (Professional and Administrative
Office/Planned Commercial Development) and C-2/PCD (Regional
Commercial/Planned Commercial Development) on 25.03 acres.
(Ward 5) b. General Plan Amendment/Zone Change No. 09-0258; Smith Tech USA, Inc.,
representing Fairway Oaks South L.P. (property owner) has applied for a general plan
amendment and zone change on 22.46 acres located at the northwest corner of
Gosford Road and Berkshire Road (future alignment). (Hearing continued from the
08/19/09 meeffng.) Staff recommends adopffon of resolution and give first reading
to ordinance.
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from OC (Office
Commercial) to HMR (High Medium Density Residential) on 22.46 acres.
2. First Reading of Ordinance approving the Negative Declaration and
amending Title 17 of the Municipal Code by changing the zoning from
C-O/PCD (Professional and Administrative Office/Planned Commercial
Development) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit
Development) on 22.46 acres.
4 City Council Meeting of 09/09/2009
12. HEARINGS
(Ward 3) a. General Plan Amendment/Zone Change No. 03-0337 - The Canyons Project; Robert
Kapral, representing Canyons, LLC (property owner) has applied for a general plan
amendment and zone change on 889 acres generally located south of Hart
Memorial Park and bounded by Alfred Harrell Highway on the west, north and east
sides. (Robert Kapral has filed an appeal.) (Hearing continued from 08/19/09 meeting.)
1. Resolution making findings and certifying the Final Environmental Impact
Report for the Canyons Project.
2. Resolution adopting the general plan amendment changing the land use
designations and the Circulation Element.
3. Resolution adopting the Specific parks and Trails Plan for Northeast Bakersfield
amendment to change the Plan Map.
4. First Reading of Ordinance amending Title 17 (Zone Map Nos. 103-01 and 104-
06) of the Municipal Code to change the zoning.
5. Resolution approving tentative cancellation of a Williamson Act Contract on
201.20 acres within Kern County Agricultural Preserve No. 14 and the exclusion
of 243.20 acres from the boundaries of Kern County Agricultural Preserve No.
14 located within the Canyon's development boundaries.
Staff recommends adoption of resolutions certifying the Final Environmental Impact Report
and upholding the appeal in part, approving the proposed general plan amendment,
specific parks and trails plan amendment, tentative cancellation of the Williamson Act
Contract, exclusion from Agricultural Preserve No. 14 and give first reading to ordinance.
13. REPORTS
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
a
Tandy
City Manager
09/03/09 10:52am
5 City Council Meeting of 09/09/2009
•
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Presentations
ITEM: L1. I
T0: Honorable Mayor and City Council a APPROVED
FROM: Javier Lozano, Human Resources Manager'' DEPARTMENT HEAD
DATE: August 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Edward M. Watts.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Edward M. Watts Fire Captain with 29 years of service to the City of Bakersfield.
PARETIREMENT PERS MISCELLANEOMAdmin Report Retiree Presentations Watts.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Presentations
ITEM: tp, b,
TO: Honorable Mayor and City Council ROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
4 !f
DATE: August 28, 2009 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Presentation by Mayor Hall of Proclamation to Vincent Rojas, the 2009 John Brock
Community Service Award winner, declaring the past date of September 3, 2009 as Vincent
Rojas Day in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Presentations
ITEM: C
TO: Honorable Mayor and City Council PP VED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: August 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Robin Starr, President of the Child Guidance
Guild, declaring September 9, 2009 as Guild House and The Child Guidance Guild Day in
Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD me
DATE: August 25, 2009 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Approval of Minutes of the August 19, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 27, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of department payments from August 7, 2009 to August 27, 2009 in the amount
of $24,107,218.38 and Self Insurance payments from August 7, 2009 to August 27, 2009
in the amount of $194,014.90.
RECOMMENDATION:
Staff recommends approval of payments totaling $24,301,233.28.
BACKGROUND:
KLG
August 28, 2009, 9:29AM
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ADMINISTRATIVE REPORT
SECTION: Consent Calendar
MEETING DATE: September 9, 2009 AGENDA9-c'.
ITEM: TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: August 21, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an Ordinance approving a Negative Declaration and amending Section
17.06.020 of Title Seventeen of the Bakersfield Municipal Code by changing the pre-
zoning from A (Agriculture) to M-1 (Light Manufacturing) and M-2 (General
Manufacturing) on 8.7-acres generally located at the southeast comer of Hageman Road
and Allen Road, east of the A.T.&S.F. railroad tracks. (ZC 09-0303 - Marino and
Associates, representing Hageman Road Property Inc., the property owner). (Ward 4,
Upon Annexation).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
The project site is currently in the unincorporated area of Kem County and zoned industrial (M-1-PD and
M-2-PD). The applicant is proposing to change the city's agricultural pre-zone to match the county's
existing zoning and to be consistent with the existing industrial general plan designation. This pre-zoning
change will also facilitate the applicant's annexation request into the city.
The proposal would allow for the eventual development of 90,000± square feet of industrial space on the
8.7-acre project site. This area is generally developed with residential and industrial uses, and
development of this property would be of an infill nature. This site will also be impacted by the proposed
grade separation of Hageman and Allen Roads, and the redesign of their intersection with Santa Fe Road.
However, the applicant is aware of these improvements and has agreed to conditions related to limited
access and signalization.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on August 6, 2009. No one present at the hearing was in opposition to the request and
the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition
to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 12, 2009, in
accordance with CEQA.
JS: MO S:\ZoneChange\yr 2009\09-0303\Staff Reports\1st reading Admin Report.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD il/5
DATE: September 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering Judicial Foreclosure of Delinquent Assessments (135 parcels totaling
$146,807.62) for the Sydney Harbour District AD 07-2 (Wards 1)
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City of Bakersfield has issued Limited Obligation Bonds for the Assessment District
listed above. Assessment 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.
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% of the annual
levy placed on the tax bill to pay the annual principal and interest on the bonds. Delinquencies on the
above referenced District have exceeded the threshold requiring immediate action. District delinquencies
include 135 delinquent parcels totaling $146,807.62.
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.
nks
S:\Admin\Admin Reports\ad foreclosure resos Jan 2009.doc
September 3, 2009, 10:23AM
T ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clerk DEPARTMENT HEAD4
DATE: August 25, 2009 CITY ATTORNEY %8
CITY MANAGER
SUBJECT: Amendment No. 1 to Resolution 187-08 cancelling the October 21, 2009 Regular
City Council Meeting.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Staff is requesting cancellation of the October 21, 2009 City Council meeting, as there are no
scheduled agenda items to be presented before the City Council. All other regular City Council
meeting dates for 2009 will remain the same.
:pl
August 25, 2009, 2:58PM
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ADMINISTRATIVE REPORT
1
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD.
DATE: August 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding territory, Area 2-40 (6000 & 6020 District Boulevard) to the Consolidated
Maintenance District, confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On August 19, 2009, the Council adopted Resolution of Intention No. 1641 to add the
above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal
Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or
street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned
the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
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
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map.
G:\GROUPDAT\ADMINRPT\2009\09-09\Res Estab MD 2-40 Admin.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD .
y~
DATE: August 19, 2009 CITY ATTORNEY D~
CITY MANAGER F~
SUBJECT: Resolution of Intentions (ROI) to add territory to the Consolidated Maintenance District and
preliminarily adopting, confirming and approving the Public Works Director's Reports:
1. ROI No. 1642 to add territory, Area 2-41 (McDonald Way, Ming Ave. NW). (Ward 6)
2. ROI No. 1643 to add territory, Area 4-93 (2730 Mall View Road). (Ward 3)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. These areas will be under the park and streetscape zones of benefit
and will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at the next
City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Ps
G:\GROUPDAT\ADMINRPT\2009\09-09\ROI 1642 & 1643 MD 2-41 & 4-93 admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD `
DATE: August 13, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Bethany Services/Bakersfield Homeless Center for $62,000 of
Emergency Shelter Grant funds to support the operating costs necessary to
continue services at the facility located at 1600 East Truxtun Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bethany Services/Bakersfield Homeless Center (BHC) has provided essential services to the
homeless families in Bakersfield for more than 36 years. Its mission is to help homeless
persons transition to stable, self sufficient community living. It operates 24 hours a day.
The City has provided Emergency Shelter Grant (ESG) funds to BHC since 1995. The purpose
of these funds is to improve the quality of existing shelters for the homeless in addition to having
the shelters provide services to prevent homelessness.
In the Fiscal Year 2009/10 Action Plan process ESG funding for BHC was budgeted for
$62,000. The allowable expenses include staffing costs, utilities, office supplies, telephone
costs, insurance, occupancy products, building maintenance supplies, equipment maintenance,
and janitorial services.
With this agreement, staff will implement a streamlined invoicing process. The goal is to provide
BHC with a detailed written procedure that will reduce the time its staff will spend on preparing
claims for payment. There will be a workshop in mid-November to provide guidance to BHC
and other agencies receiving 2009/10 funding. This new process will help these agencies be
more efficient and reduce the time it takes for City staff to process claims.
S:\Admins\Clty Council\City Council Admins 2009\13HC ESG 2009-10 Admin.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 7 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 13, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Alliance Against Family Violence and Sexual Assault for $15,788
of Emergency Shelter Grant funds to support the operating costs to continue
services. The facility's administrative address is 1600 East Truxtun Avenue.
(Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Alliance Against Family Violence and Sexual Assault (AAFV) has provided essential
services including a homeless "safe house" shelter for more than 30 years. Its mission is to
stop domestic violence and assault in Bakersfield, assist women and children who become
homeless as a result of domestic violence, and help those women and children reclaim their
lives through independent living. The facility operates 24 hours a day.
The City has provided Emergency Shelter Grant (ESG) funds to AAFV since 1995. The
purpose of these funds is to improve the quality of existing shelters for the homeless in addition
to having the shelters provide services to prevent homelessness.
In the Fiscal Year 2009/10 Action Plan process ESG funding for AAFV was budgeted for
$15,788. The allowable expenses include staffing costs, utilities, office supplies, telephone
costs, insurance, occupancy products, building maintenance supplies, equipment maintenance,
and janitorial services.
With this agreement, staff will implement a streamlined invoicing process. The goal is to provide
AAFV with a detailed written procedure that will reduce the time its staff will spend on preparing
claims for payment. There will be a workshop in mid-November to provide guidance to AAFV
and other agencies receiving 2009/10 funding. This new process will help these agencies be
more efficient and reduce the time it takes for City staff to process claims.
S:Vldmins\City Council\City Council Admins 2009WAFV ESGAdmin 2009-10.doc
8/24/2009 9:49 AM
AK
Q~ywPo*4rpo S
ADMINISTRATIVE REPORT
MEETING DATE: September 09, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM. William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: August 28, 2009 CITY ATTORNEY D,,
CITY MANAGER ~w
SUBJECT: A Memorandum of Understanding between the County of Kern/Departments of Human
Services, Probation Services, Mental Health, Sheriff, Office of the District Attorney, Kern Medical Center
and City of Bakersfield/Bakersfield City Police Department regarding the Child Assessment Center
Protocol.
RECOMMENDATION:
Staff recommends approval of Memorandum of Understanding.
BACKGROUND:
In 1992, the Kern Youth Interagency Committee (KYIC) was formed by Judge Robert Anspach, the
Presiding Judge of the Juvenile Court, and consisted of the Judge, the County Administrative Officer,
the Directors of the County Departments of Human Services, Mental Health, and Sheriff, County
Counsel, District Attorney, Public Defender, Chief Probation Officer, Health Officer and Chief of Police
of the City of Bakersfield.
The KYIC identified the need to develop a multi-disciplinary approach to child sexual abuse
investigations and explore a central site accessible to all agencies responsible for assessing the risks
to alleged victims of abuse. In September, 1993 the Kern County Board of Supervisors approved the
concept of a centralized, child friendly interviewing site for child victims of sexual abuse, authorized the
Department of Human Services to assume the lead in developing a multi-disciplinary team and
protocol for an assessment center and authorized the modification of the Jamison Children's Center
facility to accommodate the program.
The parties hereto are committed to a collaborative whose mission it is to provide an array of services
including abuse investigation, crisis intervention, forensic interviews and evidentiary examinations, and
medical, social, mental health and therapeutic services to victims of child abuse. It is the intent of the
parties that the protocol set forth the respective duties and responsibilities of the parties in meeting
their stated goals which include the following: (1) Provide child abuse victims a safe environment
where interviews can be structured and investigative efforts coordinated to reduce the trauma
experienced by sexual abuse victims; (2) Integrate service by coordinating child abuse investigation
and prevention efforts to improve service delivery to child abuse victims; and (3) Establish a system to
collect, store, retrieve and evaluate data regarding child abuse for policy development.
A
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM: a .~C•
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD-
DATE: August 27, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Road Crossing Improvement Agreement with Union Pacific Railroad Company and
San Joaquin Railroad ($465,766.15) for at-grade highway/rail crossing improvements on
Buena Vista Road at Union Pacific Railroad Buttonwillow Branch. (Ward 5)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City has a Capital Improvement Program project to improve the highway/rail grade
crossing on Buena Vista Road at the Union Pacific Railroad, north of Hams Road. North and south of that
railroad right-of-way, the east half of Buena Vista Road has been constructed to its ultimate width. The
west half of the roadway outside that railroad right-of-way is currently being constructed to its ultimate
width by a developer. However, within that railroad right-of-way, Buena Vista Road is currently just a two
lane roadway. The City's project will construct street improvements with the railroad right-of-way
necessary to bring that portion of Buena Vista Road to its ultimate width.
In order to improve the highway/rail crossing, the City must enter into a Public Road Crossing
Improvement Agreement with the Union Pacific Railroad Company and San Joaquin Valley Railroad. The
City is responsible under this agreement to make payment to San Joaquin Valley Railroad for their work to
fumish and install the new highway/rail signal warning devices and the concrete panels for the new
crossing surface at the rails.
Sufficient funds are budgeted within the Capital Improvement Program to cover the City's costs associated
with this agreement.
NF Design
T7K122
August 27, 2009, 3:49PM
G:\GROUPDATWDMINRPT\2009109-09Wdmin_RPt UPRR SJVR_BV ROAD.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: August 12, 2009 CITY ATTORNEY___~92
CITY MANAGER RS
SUBJECT: Amendment No. 2 to Agreement No. PW09-049(1) with Kone, Incorporated adding
$30,000 (for a total not to exceed amount of $53,250.28) to the Annual Contract for
elevator maintenance. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 1, 2009, the City entered into an agreement for the Annual Contract for
elevator maintenance for a one (1) year period at $21,540.00; renewable annually thereafter for four (4)
consecutive one-year periods. On June 8, 2009, Amendment No. 1 was processed adding an
additional $1,710.28 fora revised not to exceed amount of $23,250.28. Since the processing of
Amendment No. 1, two large emergency type repairs were necessary at the Eye Street Parking Garage
and additional safety features were added to the elevator door openers in City Hall North. The repairs
and additional safety items amounted to $12,074 and were not included in the scope of the
maintenance contract. If approved, Amendment No. 2 will add $30,000 to cover expenses incurred and
will allow for additional emergency repairs until the contract expires in May 2010. Staff intends to re-bid
the contract prior to the expiration date in 2010 and will modify scope of work to specify a more cost
effective maintenance contract that includes emergency repairs.
Purchasing Division
S:\PURCFMDMINWnendmentsWmendment #2 to Agreement PW09-049(1), Kone, Inc, September 9, 2009.doc
August 28, 2009, 9:44AM
04
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM: • ,
TO: Honorable Mayor and City Council A ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 17, 2009 CITY ATTORNEY Ar
CITY MANAGER
SUBJECT: Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6):
1. Amendment No. 6 to Design Consultant Contract No. 04-214 with Parsons Water
and Infrastructure ($2,706,947.00; for a revised total contract amount of
$17,650,427.00) for design services during construction phase of the Expansion
Project.
2. Transfer $1,206,947 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department's Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of Amendment and transfer.
BACKGROUND: Parsons Water and Infrastructure is the design engineer for the expansion of
Wastewater Treatment Plant No. 3. The role of the design engineer includes support services during
the project's entire construction phase. The construction phase began in September 2007 and is
scheduled for completion in March 2010. The Amendment is required to provide additional
compensation for the performance of additional services. These additional services are explained in
detail in the remainder of this Administrative Report. It is important to note that the hourly billing rates
for these services remain unchanged.
Parsons' total contract of $17.7 million includes many different tasks as shown below:
1. Pre-design studies (including sewer master study).
2. Design of plans and specifications for bidding and construction of Wastewater Treatment Plant
No. 3.
3. Engineering support services during the two and a half year construction phase which started
September 2007 and is scheduled for completion in March 2010. Engineering support services
includes: on-site engineers; answering all technical questions from contractor, subcontractors,
vendors; reviewing and approving all equipment and material submittals to ensure construction
proceeds pursuant to the specifications; wastewater plant start-up assistance; creation of
operations and maintenance manuals; on-site training of City staff, and creation of record
drawings.
4. Design and construction support for the McCutchen/Gosford sewer pump station which is a part
of the overall project.
E4K114
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ADMINISTRATIVE REPORT
5. Design services for the arterial road around Wastewater Treatment Plant No. 3.
6. Design and construction support for the odor control system and septage/grease receiving
station at Wastewater Treatment Plant No. 2.
7. Creation of bidding documents for the Wastewater Treatment Plant No. 3 solar energy facility.
Amendment No. 6 provides funds to complete additional services outlined above in tasks 3 and 7. All
other tasks are fully funded.
Task 3 above ($2.452.581): Parsons' fees have been checked to ensure that they are within industry
standards. Fee Curves (industry standards), published by the American Society of Civil Engineers,
indicate that the consultant's cost for services during construction can range from 5% of total project
costs for new construction to 10% for retrofit of existing construction. The estimated construction cost
for this project is $211,021,000. Amendment No. 6 adjusts the total fee for Item 3's services to a total
of $7,948,270, which is 3.77% (less than the industry standard of 5%-10%).
Task 7 above ($264,366): Due to the Plant 3 Expansion project, electrical usage is anticipated to
quadruple. The American Recovery and Reinvestment Act of 2009 provides an opportunity for
agencies to apply for stimulus grant funds to invest in renewable energy projects. These grant funds
are administered by the Department of Energy. The City of Bakersfield has been allocated $3.04
million, but must first submit a grant application. The City plans to use this funding, along with over $2
million dollars available through Pacific Gas & Electric's California Solar Initiative rebate and City funds
(approximately $2 million), to build a 1 mega-watt solar energy facility at Wastewater Treatment Plant
No. 3. It is estimated that the solar energy facility will pay for itself in electrical energy savings in less
than five years.
Due to the conditions tied to the stimulus money, funds must be obligated within 18 months of grant
award date. Therefore, Parsons' creation of the bidding documents for this energy project will allow the
City to quickly advertise for contractors to bid on both the design and construction of this one mega-
watt solar energy facility.
The total cost for Amendment 6 is therefore $2,706,947. $2,452,581 for additional services related to
item 3 and $254,366 for additional services related to item 7.
E4K114
G:\GROUPDAT\ADMINRPT\2009\09-09\Parsons Amendment 6 Admin Report E4K114.doc
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ADMINISTRATIVE REPORT
c
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 27, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Contract Change Order Nos. 49, 51, and 61 to Agreement No. 07-304 with Security Paving
Construction ($79,278.25 for a revised not to exceed amount of $30,341,181.51) for the
State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just east of the
Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 49 provides for the modification of the irrigation control system from telephone (hard
wire) circuit to cellular. The change to a cellular system was required by Caltrans after the construction
plans were approved and the project was bid. This change order results in a net increase of $31,800.00.
Change Order No. 51 provides for additional survey re-staking for verification of or revisions to existing
structures. This additional survey work was necessary to facilitate changes to the plans and/or for
additional work that the contractor performed that was not part of the original construction contract.
This change order results in a net increase of $10,778.25.
Change Order No. 61 provides for the modification of the Ledger Surface Texture areas on the Fairfax
Road Bridge. It had always been the intent that concrete stain could be applied to the bridge in these
areas to aesthetically enhance the structure; however, the contract specifications did not clearly indicate
the application of this stain. This change order results in a net increase of $36,700.00.
The net cost increase of Change Order No. 49, 51, and 61 is $79,278.25. This provides a total cost
increase of $1,011,735.41 which is a 3.45% increase as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
Previous Change Orders = $ 932,457.16
• Current Change Order No. 49, 51, 61 = $ 79,278.25
• Amended Contract Agreement after Change Orders = $30,341,181.51
Net Increase to date = $ 1,011,735.41
Adequate state/federal funds have been previously budgeted to cover these additional costs.
G:\GROUPDAT\ADMINRPT\2009\09-09\Admin Rpt CCO 49-51-61 Fairfax Interchange Project -.doc
Project # T7K021
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ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APBROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: September 2, 2009 CITY ATTORNEY i~
CITY MANAGER
SUBJECT: Sports Village Phase I (Ward 6)
1. Accept bid and award contract to Klassen Corporation ($6,708,167.00) for Base Bid,
Additive Alternate 1, Additive Alternate 2 and Additive Alternate 3 of Sports Village
Phase I.
2. Appropriate $2,000,000 Park Development Fund balance to the Recreation and Parks
Department's Capital Improvement Fund (Zone 1).
3. Approve Contract Change Order No. 1 with Klassen Corporation ($142,000.00 credit,
for a revised not to exceed amount of $6,566,167.00) for substitution of installing
hydroseed in lieu of sod in all turf areas.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, approval of
appropriation and approval of Contract Change Order.
BACKGROUND: The Sports Village Project is located on a 220 acre site on the north side of Taft
Highway between Gosford Road and Ashe Road. The City plans to construct a recreation facility with a
"Sports Village" theme. The facility will consist of 16 soccer fields, a soccer stadium, 4 baseball fields, 6
soft ball fields, 4 football fields, a multi-purpose facility and a community center. Surrounding areas will
feature a park with a lake for family outings and two commercial areas.
On February 28, 2007, the City entered into an agreement with CMX Sports Engineers for preliminary and
schematic design services for the Sports Village. On July 30, 2008, the City entered into agreement with
CMX Sports Engineers for construction documents for Sports Village Phase I. Phase I includes
construction of 8 soccer fields, restroom, concession stand, parking lot, portion of Fair Play Drive, sports
field lighting for 8 fields, walkways, and landscaping adjacent to Ashe Road from Fair Play Drive to McKee
Road.
The American Youth Soccer Organization (AYSO) has expressed interest in the soccer fields at the Sports
Village. AYSO currently occupies fields at California State University Bakersfield (CSUB). Due to
proposed development at CSUB, AYSO will need to find a new location to which the league can be
relocated. The City of Bakersfield hopes to have eight fields available at the Sports Village by fall 2010 so
AYSO could continue their league operations when they are required to relocate by CSUB.
September 2, 2009, 9:10AM
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ADMINISTRATIVE REPORT
Page 2
The Engineers estimate for the Base Bid was $4,500,000 for this project. The Base Bid includes,
construction of 8 soccer fields, restroom, concession stand, parking lot, portion of Fair Play Drive, irrigation
system, walkways and all infrastructure for phase 1. Additive Alternate 1 includes all landscaping of
Sports Village Phase 1. Additive Alternate 2 includes sports field lighting for the 4 soccer fields west of the
parking lot and Additive Alternate 3 includes sports field lighting for the 4 soccer fields east of the parking
lot. Staff recommends appropriation of $1,250,000 from Park Acquisition fees (zone 1) to this project and
$750,000 from Park Development Fees (zone 1) to this project, for a total appropriation amount of
$2,000,000. This appropriation would provide sufficient funding to complete all improvements of Sports
Village Phase I.
On August 27, 2009, a total of eleven bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Klassen Corporation Base Bid $4,878,177.00
2021 Westwind Drive Additive Alternates 1. 2, U $1,829.990.00
Bakersfield, Ca 93301 Total $6,708,167.00
Lewis C. Nelson and Sons, Inc. Base Bid $5,056,000.00
3400 McCall Avenue, Suite 100 Additive Alternates 1. 2. U $2,020.000.00
Selma, CA 93662 Total $7,076,000.00
S.C. Anderson, Inc. Base Bid $5,145,850.00
2160 Mars Court Additive Alternates 1. 2, U $1,973.303.00
Bakersfield, CA 93308 (County) Total $7,119,153.00
Wallace & Smith Contractors Base Bid $5,192,657.00
3325 Landco Drive Additive Alternates 1, 2. U $1,796.918.00
Bakersfield, Ca 93308 (County) Total $6,989,575.00
Elite Landscaping Base Bid $5,249,000.00
2972 Larkin Avenue Additive Alternates 1. 2, U $2.395.000.00
Clovis, CA 93612 Total $7,644,000.00
Valley Crest Landscaping Inc. Base Bid $5,274,095.00
10855 Business Center Dr. Suite C Additive Alternates 1. 2, U $2,088.000.00
Cypress, CA 90630 Total $7,362,095.00
Irv Guinn Construction Base Bid $5,298,484.32
6533 Rosedale Highway Additive Alternates 1. 2, U $1.935,252.81
Bakersfield, CA 93308 (County) Total $7,233,737.13
Kern Pacific Construction. Base Bid $5,420,000.00
4001 Patton Way Additive Alternates 1. 2, 8r3 $2.535,000.00
Bakersfield, CA 93308 (City) Total $7,955,000.00
JTS Construction. Base Bid $5,496,000.00
7001 McDivitt Dr. Suite B Additive Alternates 1. 2.83 $1,983.000.00
Bakersfield, CA 93313 (City) Total $7,479,000.00
C.S. Legacy Construction, Inc. Base Bid $5,629,976.00
13263 Yorba Avenue Additive Alternates 1. 2.83 $2.569,016.00
Chino, CA 91710 Total $8,198,992.00
Cal Fran Engineering, Inc. Base Bid $5,633,000.00
990 Enchanted Way, Suite 106 Additive Alternates 1. 2. U $1.850.000.00
Simi Valley, CA 93065 Total $7,483,000.00
September 2, 2009, 9:1 GAM
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ADMINISTRATIVE REPORT
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Contract Change Order No. 1 will revise the scope of work for Additive Alternate 1. The original scope of
work for Additive Alternate 1 included installation of sod in all the turf areas. The revised scope of work
will include the installation of hydroseed in lieu of sod. Due to the economic downturn, Cal State
University Bakersfield has postponed their development plans and has extended AYSO's contract to play
on CSUB's site through the 2010 season. This change has relieved the urgency to have the soccer fields
ready for play in September 2010 as originally planned. Klassen Corporation has agreed to a lump sum
cost reduction for Additive Alternate 1 for the substitution of hydroseed in lieu of sod in all turf areas.
This is the first change order to be submitted for this project. This change order will decrease the project
total by $142,000 (which results in a 2.1 % decrease of the original contract amount) as illustrated below:
• Original Contract Amount = $6,708,167.00
• Amended Contract Agreement after Change Orders = $6,566,167.00
Net decrease to date = [$142,000.00]
NF Design
P7C721
September 2, 2009, 9:10AM
G:\GROUPDAT\ADMINRPT\2009\09-09\Admin_Rpt Sports Village Phase 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 28, 2009 CITY ATTORNEY A-c- PL M-
CITY MANAGER
SUBJECT: Accept bid and award contract to Granite Construction Company (not to exceed
$500,000) for the annual contract for HUD street materials. (Ward 1, 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: In July 2009, bids were sent out for the Annual Contract for HUD funded street
materials. Two bids were received in response to solicitation. Neither bid completed the necessary
paperwork to qualify for Federal HUD funding; subsequently bids were rejected by Council on August
19, 2009. Staff re-advertised the project offering a pre-bid training/conference to assist bidders in
completion of the required HUD forms. Two bids were received and both bidders completed the
necessary paperwork to qualify for HUD funding. The bids submitted are based on an estimated
quantity of work multiplied by the contractor's unit price. The actual budget available for the work is
$500,000. The contract award is for a one year period; renewable annually for four consecutive one-
year periods at the City's option and upon mutually agreeable terms.
BIDDER A IAA UN
Granite Construction Company $450,861.25
Bakersfield, CA
AC Materials $489,966.56
Bakersfield, CA
Staff finds the low bid submitted by Granite Construction Company, Bakersfield, to be acceptable and
recommends award of contract for the budgeted amount of $500,000.
Purchasing Division
S:\PURCH\ADMIMAdmin 09-10WC for HUD CDBG Street Marls Re-Bid, 09-10-07, September 9, 2009.docm
August 28, 2009, 12:27PM
A
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APP OVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 10, 2009 CITY ATTORNEY b c
CITY MANAGER
SUBJECT: Appropriate $60,000 Other Agency Share of Project to the Public Works Department's
Capital Improvement Budget within the Gas Tax Fund for Digital Orthophotos.
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: The City has received $60,000 from the U.S. Geological Survey Department for the use
of the April 2008 digital aerials of the City of Bakersfield 2010 General Plan boundary.
In past years, the City has purchased aerial photography within the City of Bakersfiield's General Plan
boundary. The City has acquired digital aerial photography approximately every two years to maintain a
history of City growth patterns. Digital aerial photography has become an invaluable tool citywide and is
used by many City departments. The U.S. Geological Survey staff contacted City staff to purchase our
recent digital orthophotography.
Staff recommends appropriating this $60,000 to fund outstanding invoices totaling $17,724 for the digital
orthophotography. The remaining funds will be used to defray future costs associated with the
orthophotography.
gl
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ADMINISTRATIVE REPORT
I 0
MEETING DATE: September 09, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD `A-K~-
DATE: August 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Federal ARRA Grant (COPS Hiring Recovery Program) in the amount of $5,062,124,
awarded to the Bakersfield Police Department, to hire and retain 17 Police Officers over
three years.
1) Appropriate $850,000 Federal ARRA grant revenues to the Police Operating Budget
within the ARRA Grant Fund.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Bakersfield Police Department has recently been awarded $5,062,124.00 under the U.S. Department
of Justice Community Oriented Policing Services COPS Hiring Recovery Program (CHRP). This grant is
funded by the American Recovery and Reinvestment Act (Recovery Act) of 2009.
CHRP is a competitive grant program that provides funding directly to law enforcement agencies having
primary law enforcement authority to create and preserve jobs and to directly increase their community
policing capacity and crime-prevention efforts. CHRP funding is available to hire full-time career law
enforcement officers. There is no local matching requirement, and the grant will pay for salary and
benefits for 17 officers, for three years. After the three years of CHRP funding, the City must retain the
officers for at least one year to satisfy CHRP grant requirements.
F BAK
o rou S
ADMINISTRATIVE REPORT
MEETING DATE: September 09, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: August 28, 2009 CITY ATTORNEY QC
CITY MANAGER F~
SUBJECT: Appropriate $202,108.00 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget, for
equipment and training.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
On July 15, 2009 the City Council adopted Resolution 086-09 authorizing the Police Department to apply
for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice. The Police
Department was awarded the grant ($202,108.00) on August 24, 2009.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the primary
provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all
components of the criminal justice system."
The Bakersfield Police Department will be using the $202,108.00 to purchase equipment, to implement an
automated staff scheduling system, and to provide training (please see attached detail).
AK
OFywsroa S
U + d
ADMINISTRATIVE REPORT
L/
JAG/BYRNE GRANT EQUIPMENT & TRAINING
Administrative:
• Telestaff Scheduling Software (1) $ 115,000
Operations:
• Tasers (30) $ 30,500
• Cameras (100) $ 18,500
• Pepperball Rounds (1,125 rounds) $ 3,300
Investilaations:
• Training $ 26,008
• Cameras (2) $ 4,500
• Binoculars (2) $ 2,700
• Surveillance Equipment $ 1,600
TOTAL = S 202.108
A
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,-t,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 27, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Grant of easement to County of Kern for drainage purposes at Casa Loma Park. (Ward 1)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND:
Previously the City funded the construction of a spray park element at Casa Loma Park. Casa Loma Park
is located in an unincorporated area of the City immediately west of Casa Loma School and north of the
Bakersfield Municipal Airport. The City also agreed to construct a new sump on its property to
accommodate the run-off from the spray park. Consequently, the County has requested the City grant
them an easement to provide for their drainage needs. The Public Works Department has reviewed their
request and recommends approval.
August 27, 2009, 11:48AM
P:\MyFiles\Admin Reports\County Casa Loma Park.doc
DMA/s
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ADMINISTRATIVE REPORT
0
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM: S. LL.
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: August 26, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Easement Deed 23 feet wide and 147 feet long with Pacific Gas & Electric Company for
constructing, operating and maintaining electric energy distribution facilities on the north
portion of the 2800 Acre Recharge Facility at the northern edge of the 2800 Acre Facility and
east of Heath Road alignment. (Ward No. 4)
RECOMMENDATION: Staff recommends approval of Easement Deed.
BACKGROUND:
The easement deed will extend an existing PG&E easement deed along the northern portion of the City's
2800 Acre Recharge Facility. The easement will allow PG&E to extend electrical service to a water turn-
out off the Cross Valley Canal to the Pioneer Banking Project on the north side of the City of Bakersfield
2800 Acre Recharge Facility. The easement will be for distribution of electrical energy only.
May 12, 2009
S:\2009 ADMIN REPORTS\admin 05012009 LicAgrmtBVWSD.doc
( L)
V ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 27, 2009 CITY ATTORNEY
CITY MANAGER BPS
SUBJECT: Accept $2,000 contribution from Granite Construction Company, Inc. for future bike path
improvements at Allen Road Bridge. (Ward 4)
RECOMMENDATION: Staff recommends acceptance of contribution.
BACKGROUND: The City has received a donation of $2,000 from Granite Construction Company, Inc.
for the future bike path rest area improvements planned near the Allen Road Bridge. This donation will
help offset the cost of benches, trash containers, drinking fountains, or landscaping and irrigation, to be
installed at the bike path rest area.
G:\GROUPDAT\ADMINRPT12009\09-09\Granite Donation.doc
13A
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: August 25, 2009 CITY ATTORNEY
CITY MANAGER le
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (Two matters)
VG:Isc
SACOUNCIL\CI Sess\Admins\09-10\9-9-09.Po1Ltt.doc
15AK
ADMINISTRATIVE REPORT
LL
1
MEETING DATE: September 9, 2009 AGENDA SECTION: Closed Session
ITEM: G~
r
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD !12:-
DATE: September 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Exisft Litigation
Closed session pursuant to Government Code section 54956.9(b)(1)(C).
(One case).
• Bakersfield Police Officers' Association v. City of Bakersfield
VGAsc
SACOUNCIMI Sess\Admins\09-10\9-9-09ExistLH.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 J AGENDA SECTION: Hearings
ITEM: a ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: August 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 09-0023. (Ward 4 upon annexation).
Luis Hinojosa, Designed Images, representing Rosedale Verdugo LLC, the property
owner, has applied for a general plan amendment and zone change on approximately
25.03 acres generally located at the northeast comer of Rosedale Highway (SR-58) and
Verdugo Lane.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LMR/LR (Low Medium
Density Residential/Low Density Residential) to OC (Office Commercial) and GC
(General Commercial) on 15.16 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Bakersfield Municipal Code and amending the Zoning Map from E (Estate),
R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), and C-2
(Regional Commercial) to C-O/PCD (Professional and Administrative
Office/Planned Commercial Development) and C-2/PCD (Regional
Commercial/Planned Commercial Development) zones on 25.03 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration and approving the general
plan amendment and first reading of the ordinance.
BACKGROUND:
On August 19, 2009, this project was continued to the September 9, 2009, City Council meeting, due to
a recently served lawsuit by the local Home Builders Association of Kem County regarding the
Regional Transportation Impact Fee (RTIF).
The project approval includes conditions of approval related to traffic, and/or environmental
documents that disclose to the public the Impact of traffic on the environment as a result of the
proposed project traffic mitigation which relies, partially, on payment of the RTIF fee.
The regional traffic mitigation conditions assume payment of the correct regional transportation
Impact fee. Because of the pending HBA lawsuit, approval of said project will make the project,
as well as the City, vulnerable to a CEQA challenge based on unknown clarity as to the
adequacy or enforceability of traffic mitigation. Therefore, the applicant and owner
ADMINISTRATIVE REPORT Page 2
are proceeding at their own risk and are obligated to defend and indemnify the City of
Bakersfield as required under our Municipal Code and conditions of approval If the City is
challenged. In addition, the City will reserve the right, If this project is subject to a lawsuit, to
request a continuance/delay of the adjudication of such a lawsuit until resolution of the RTIF
lawsuit.
This project site is located at the northeast comer of Rosedale Highway (State Route 58) and Verdugo
Lane. The applicant is requesting to amend the Metropolitan Bakersfield General Plan Land Use
Element to change the land use designations from LMR/LR (Low Medium Density Residential/Low
Density Residential) to OC (Office Commercial) and GC (General Commercial) on 15.16 acres. The
applicant is also requesting a zone change from R-1 (One Family Dwelling), R-2 (Low Multiple Family
Dwelling) and C-2 (Regional Commercial) to C-O/PCD (Professional and Administration Office/Planned
Commercial Development) and C-2/PCD (Regional Commercial/Planned Commercial Development)
zones on 25.03 acres. The project also includes annexation into the City.
The proposal is bounded by Rosedale Highway (a designated arterial) to the south and Verdugo Lane
(a designated collector) to the west. The area is comprised of a mix of general plan designations and
zone districts with parcels of various sizes and uses. The applicant has acquired these properties and
now wishes to consolidate them into a cohesive development and achieve consistency between the
general plan and zoning.
The proposal would allow for the development of an integrated commercial complex along with street
improvements to support the area and buffers to accommodate the adjacent properties. The retail
commercial center portion of the project will consist of 177,000 square feet of gross leasable area
(GLA) and the office commercial center will consist of 52,000 square feet of GLA on the 25.03 gross
acre site (22.8 net acres). The retail commercial portion will front on Rosedale Highway and Verdugo
Lane with the office commercial orientated within the northern portion of the project site.
The proposal also includes a P.C.D. (Planned Commercial Development) overlay. A preliminary
development plan is not being proposed at this time. It is the intent of the property owner to receive
approval of the land use and prezoning now and submit a P.C.D. application after annexation and when
market conditions are more favorable. P.C.D. plans require public review and approval by the Planning
Commission, prior to development. The purpose for requesting a P.C.D. combining zone is to give the
developer opportunity to create a unique retail/office complex while giving the Planning Commission
opportunity to review the project to make sure all conditions are being met and time to evaluate any
issues that may be relevant to adjacent properties.
The project site is not currently contiguous to the city's boundary. The city boundary is located
approximately 1/8 of a mile east of the project site. Therefore, this project will require annexation of
adjacent property to the City of Bakersfield. The applicant is in the process of acquiring signatures from
these other property owners between the project site and the existing city limits to establish continuity.
The Planning Commission conducted a public hearing on this general plan amendmenttzone change
on June 18, 2009, and recommended approval to the City Council. This general plan amendmenttzone
change was scheduled to be heard on the August 19, 2009 City Council meeting, however a
continuance to the September 9, 2009 meeting date was granted to allow the City opportunity to
evaluate the potential impacts of the pending HBA lawsuit as it relates to the project's required RTIF
fee.
A number of individuals spoke in opposition to the request. Leslie Martinez, a property owner adjacent
to the project site to the north, stated she is opposed to the project which will place the office
commercial complex abutting her backyard. She also expressed concerns that the project will create
ADMINISTRATIVE REPORT Page 3
traffic problems, excessive noise and environmental issues that would further complicate her husband's
asthma.
Susan Bennett, property owner at 10500 DeeDee Avenue, stated she purchased her property in the
late 1970's because she needed property that allowed the keeping of horses. She is opposed to the
project because she feels once the commercial complex is developed traffic will increase causing
compatibility issues for property owners that board horses and other animals.
Michelle Shaw and Sterling Cole also spoke in opposition to the project. These property owners live in
the neighborhood adjacent to the project on the west side of Verdugo Lane. Their objections were
based on traffic issues and property value concerns. They feel that Rosedale Highway and Verdugo
Lane are unable to handle the current traffic flow and a large commercial complex will increase traffic
problems in their neighborhood. They further stated concerns that a number of commercial
developments within the area are empty and therefore, another commercial development may not be
needed at this location.
Brandi Pyle, 2719 Verdugo Lane submitted a letter in opposition to the commercial development stating
traffic and safety concerns. Ms. Pyle's property fronts Verdugo Lane. She feels the development will
further exasperate traffic problems and create a hazardous situation for children walking to and from
the school bus stop on Verdugo Lane. She also states concerns that this development will decrease
property values.
Arthur Unger, representing the Sierra Club submitted a comment letter to city staff dated May 19, 2009.
A response to the Sierra Club letter was prepared by Vista Environmental, the applicant's Air Quality
consultant, dated June 17, 2009. A copy of the Vista Environmental response letter was given to Mr.
Unger at the Planning Commission meeting. Mr. Unger reiterated the information supplied in his letter
of May 19, 2009, which discusses Leadership in Energy and Environmental Development (LEED)
buildings, solar panels, green house gas emissions, and global warming. He urged the city to consider
establishing rules that require solar panels on roofs. Mr. Unger feels solar is a financially feasible
mitigation for global warming and green house gas emissions. He concluded his comments by stating
he would like to see decision makers' contact companies that build solar components/panels to learn
more about their product.
Luis Hinojosa, the applicant, spoke in favor of the project. Mr. Hinojosa stated the property owner is in
agreement with all the mitigation/conditions of approval. He further stated that the property owner is
not proposing development of the project site in the near future, however, when development is
proposed the project will be constructed to city standards. To address issues raised by the adjacent
property owners, Mr. Hinojosa explained that city standards includes improvements to both Rosedale
Highway (to Caltrans standards) and the widening of Verdugo Lane to collector standards (Condition
13a). These road improvements should alleviate traffic congestion in the- area. In addition to road
improvements, a condition has been added requiring the developer to address the visual impacts on
homes fronting Verdugo Lane across from the proposed site. The condition will be met during POD
review, which may require bermed landscaping or enhanced landscape planting (Condition 17d).
Lastly, Mr. Hinojosa stated that the office commercial complex proposed for the northern portion of the
project site would not abut the backyards or fence lines of the properties to the north. There is a no
build area created by a 120 foot wide PG& E tower line easement that runs in an easttwest direction
along the northern portion of the project site. The office commercial development will be constructed
south of the tower line easement with parking oriented underneath the towers. This will create an
adequate buffer between the proposed office commercial development and the backyards of the
properties to the north.
ADMINISTRATIVE REPORT Page 4
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Various studies were conducted as part of the environmental review. This
included traffic, air quality, and cultural resources records search. As a result of those studies,
associated mitigation measures are proposed as conditions of approval for this item. Therefore, a
Negative Declaration was prepared and posted on May 11, 2009 in accordance with CEQA.
DL:\S:\GPA 2nd 2009\09-0023\Adm SR\Admin Report 09-0023.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Hearings
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: August 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 09-0258. (Ward 5)
Smith Tech USA, Inc., representing Fairway Oaks South L.P., the property owner, has
applied for a general plan amendment and zone change on 22.46 acres, located at the
northwest comer of Gosford Road and Berkshire Road (future alignment).
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from OC (Office Commercial) to
HMR (High Medium Density Residential) on 22.46 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Section 17.06.020 of the Bakersfield Municipal Code by changing the zoning
from C-O/PCD (Professional and Administrative Office/Planned Commercial
Development Zone) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit
Development Zone) on 22.46 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:
On August 19, 2009, this project was continued to the September 9, 2009, City Council meeting, due to
a recently served lawsuit by the local Home Builders Association of Kem County regarding the
Regional Transportation Impact Fee (RTIF).
The project approval includes conditions of approval related to traffic, and/or environmental
documents that disclose to the public the impact of traffic on the environment as a result of the
proposed project traffic mitigation which relies, partially, on payment of the RTIF fee.
The regional traffic mitigation conditions assume payment of the correct regional transportation
impact fee. Because of the pending HBA lawsuit, approval of said project will make the project,
as well as the City, vulnerable to a CEQA challenge based on unknown clarity as to the
adequacy or enforceability of traffic mitigation. Therefore, the applicant and owner
are proceeding at their own risk and are obligated to defend and indemnify the City of
Bakersfield as required under our Municipal Code and conditions of approval If the City is
challenged. In addition, the City will reserve the right, If this project is subject to a lawsuit, to
ADMINISTRATIVE REPORT Paget
request a continuance/delay of the adjudication of such a lawsuit until resolution of the RTIF
lawsuit.
The proposal would allow for the development of 352 multi-family units on the 22.46 acre project site.
This site was initially zoned for multiple family uses in 2005 when a larger area was annexed into the
city. In 2007, the present commercial office zoning was approved. The applicant now desires to return
the zoning to its previous multiple family residential designation.
The Planning Commission conducted a public hearing on this general plan amendmenttzone change
and recommended approval to the City Council on June 18, 2009. No individuals or agencies were
present at the hearing 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 May 22, 2009, in
accordance with CEQA.
BM - SAGPA 2nd 200M09-0258WIrnin SRWdmin Report 09-0258 CC mtg 9-9-09.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 9, 2009 AGENDA SECTION: Hearings
ITEM. ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 4e/
DATE: September 1, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change No. 03-0337 - The Canyons Project (Ward 3)
Robert Kapral, representing Canyons, LLC, the property owner, has applied for a general
plan amendment and zone change on 889 acres generally located south of Hart Memorial
Park; Alfred Harrell Highway bounds the site on the west, north and east sides.
1. Resolution making findings and certifying the Final Environmental Impact Report for
the Canyons Project (File No. 03-0337).
2. Appeal hearing and resolution adopting the general plan amendment changing the
land use designations, and the Circulation Element.
3. Resolution adopting the Speck Parks and Trails Plan for Northeast Bakersfield
amendment to change the Plan Map.
4. Appeal hearing and first reading of ordinance amending Title 17 of the Municipal
Code and amending Zoning Maps No. 103-01, and 104-06, to change the zoning.
5. Resolution approving tentative cancellation of a Williamson Act Contract on 201.20
acres within Kern County Agricultural Preserve No. 14, and the exclusion of 243.20
acres from the boundaries of Kern County Agricultural Preserve No. 14, located
within the Canyon's development boundaries.
RECOMMENDATION:
Staff recommends adoption of resolutions certifying the Final Environmental Impact Report and upholding
the appeal in part, approving the proposed general plan amendment, speck parks and trails plan
amendment, tentative cancellation of the Williamson Act Contract, exclusion from Agricultural Preserve
No. 14, and first reading of the ordinance.
BACKGROUND:
This hearing was continued from the August 19, 2009 meeting. The City Council continued this public
hearing from the May 6, 2009 meeting to allow staff time to respond to the applicant's appeal of
conditions related to traffic fees, interim Class I bike path on Morning Dr., a special events traffic plan,
PUD (Planned Unit Development) overlay zoning on R-1 property.
ADMINISTRATIVE REPORT Paget
The project approval includes conditions of approval related to traffic, and/or environmental
documents that disclose to the public the Impact of traffic on the environment as a result of the
proposed project traffic mitigation which relies, partially, on payment of the RTIF fee.
The regional traffic mitigation conditions assume payment of the correct regional transportation
impact fee. Because of the pending HBA lawsuit, approval of said project will make the project, as
well as the City, vulnerable to a CEQA challenge based on unknown clarity as to the adequacy or
enforceability of traffic mitigation. Therefore, the applicant and owner are proceeding at their own
rusk and are obligated to defend and indemnify the City of Bakersfield as required under our
Municipal Code and conditions of approval if the City Is challenged. In addition, the City will
reserve the right, If this project is subject to a lawsuit, to request a continuance/delay of the
adjudication of such a lawsuit until resolution of the RTIF lawsuit.
The proposal would allow for the development of a mixed use neighborhood on 888.68-acres generally
located south of Hart Memorial Park. The project consists of 1,214 single-family residential lots, with the
majority developed as private gated streets, and 120 multi-family dwelling units, and 8 acres of
commercial property. There are 2 public parks, 9.66 miles of public trails and a 1.4 mile Class I bike
path. Over 290 acres will be retained as open space. A 243.20-acre parcel (Assessor's Parcel No. 386-
030-04) located in the eastern portion of the Canyons project site lies within the boundaries of Kern
County Agricultural Preserve No. 14, of which a 201.20-acre portion of this parcel is subject to a
Williamson Act Contract. The applicant's request would allow the tentative cancellation of the 201.20-
acre under a Williamson Act Contract and the removal of the entire 243.20-acre parcel from Kern County
Agricultural Preserve No. 14.
On April 16, 2009, by a 5-2 vote, the Planning Commission recommended approval of the Canyons
project GPA and Zone Change, subject to the following changes. The recommended plan is known as
the "hybrid plan" to which the applicant has agreed. The hybrid plan reasonably achieves the goals of
both the developer and the City, and provides better recreational benefits and circulation. Staff
recommended approval of the Canyons project with conditions of approval that are intended to balance
the urban development and community benefits. The hybrid plan consists of the following differences
from the applicant's proposal.
➢ Expanding the northeast park from 6.34 net acres to 11.51 net acres. The 27 lots along View
Pointe Court may be integrated into other areas of the development.
Remove the 2 acre park requirement in the southwest portion of the project site.
➢ Extend Clearwater Canyon Place, including multi-purpose trail and Class I bike path (east-west
street generally located in south-eastern area of project site) to Morning Drive as a collector
street. Provide Pebble Creek Court connection to Clearwater Canyon Place.
➢ Remove Goodmanville Road access (the extension of Solitude Canyon Way) in northwestern
portion of the project site.
➢ Allow lots lost due to application of Hillside Ordinance criteria (based on specific analysis during
improvement plan review) and park expansion to be redistributed into other areas internal to the
Canyons project.
The Planning Commission voted unanimously to recommend certification of the Final EIR, and Trails
Plan amendments. However, Chair Johnson and Commissioner Tragish voted against the GPA. They
are of the opinion that a Planned Unit Development overlay zone for the single family residential be
required to ensure a consistent character and design for the project due to the unique foothill location of
ADMINISTRATIVE REPORT Page 3
the project; and the Canyons project needed to address traffic issues for Hart Park, especially on
special events or holidays where Alfred Harrell Highway may be closed through the park. On a 43 vote
regarding the Zone Change request, Commissioners Blockley, Stanley and Tkac voted against the
motion that adding Condition Nos. 87 and 88 (described in table below) would place an undo burden on
the applicant without a public benefit.
The Planning Commission conducted a total of 6 public hearings on EIR and/or the Canyons project.
This project has been publically controversial. The Sierra Club and the Bakersfield Bluffs and Trails
Committee spoke in opposition to the Canyons project. These groups and other citizens oppose the
project for the following reasons: a) removal of a natural open space recreational area; b) the project
requires excessive grading; c) excessive traffic and circulation; d) traffic impact to Hart Park.
General Plan Amendment and Zone Change &12eals•
The applicant has appealed four conditions of approval recommended for the GPA and zone change.
The applicant's April 22, 2009 letter of appeal (attached) provides their detailed reasons why the
following conditions should be removed from the project. The table below summarizes the appealed
conditions, with staff comments in the second column.
CONDTION APPEALED STAFF COMMENT / RECOMMENDATION
GPA & ZC Condition No. 2: Request removal of Applicant submitted correspondence on 8/10/09
Transportation Facility fee @ $0.35 /sf for withdrawing appeal to Condition No. 2.
commercial and $2487 per dwelling unit.
GPA & ZC Condition Nos. 1.1. 5.2. & 6: Staff recommends modifying conditions to
Request removal of construct an interim Class I require paved shoulders to provide transition
bike path on Morning Dr. from the existing bike path until full
improvements on Morning Dr. are constructed.
Partially uphold the appeal by modifying the
conditions.
ZC Condition No. 87: Planning Commission Staff recommends upholding appeal and
added this condition requiring the applicant to deleting the condition.
prepare a "Special Events Traffic Plan" to
address Hart Park traffic and closure of Alfred
Harrell Hwy.
ZC Condition No. 88: Planning Commission Staff recommends upholding appeal and
added this condition requiring a PUD (Planned deleting the condition.
Unit Development) overlay zone on all
residential property in the Canyons project.
Environmental Review:
The Final EIR for the Canyons project was prepared in accordance with CEQA and local regulations. The
Final EIR concluded that environmental impacts resulting from the project are either no impact, less than
significant, or less than significant with mitigation measures. The project as reviewed and presented to the
public for comment contains conditions of approval deemed necessary to mitigate impacts of the project
identified through the CEQA process as well as impacts identified through project review for consistency
and compliance with adopted ordinances, policies and standards.
ADMINISTRATIVE REPORT Page4
Conclusion/Recommendation:
The EIR as completed complies with CEQA. The applicant submitted correspondence withdrawing their
appeal to Condition No. 2 (transportation fee). Therefore, this condition shall remain. The other appealed
conditions as described in the table above have been mutually resolved. Staff recommends certification of
the EIR and approval of the GPA, ZC and Trails Plan amendments with modified conditions that partially
uphold the appeal. Pursuant to Government Code Sections 51282(b)(1) through (5), staff also
recommends approval of the tentative contract cancellation, and exclusion from the agricultural preserve.
Jeng //S:\03-0337 Canyons\City CoundRSept 9-09\AR-GPA ZC Canyons.doc (9/1/20091:53 PM)
`B ox,rEh',p~
1 11 BAKERSFIELD CITY COUNCIL
af4w
MINUTES
MEETING OF AUGUST 19, 2009
IF O
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Weir, Couch,
Hanson, Sullivan
Absent: Councilmember Benham
2. INVOCATION by Reverend Curtis Jenkins, Tri-Stone
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Taelyr McCormick, 4th
Grade Student at Highland Elementary School.
4. PUBLIC STATEMENTS
a. Jenelle Wilcox and Chris Kildare, representing
the Native Daughters of the Golden West,
spoke regarding the California Admission Day
event on September 9th at the Liberty Bell, and
invited Council to attend.
b. Karen Polyniak spoke regarding the B-Town
Blues Fest event on September 19th at the CSUB
amphitheater, invited everyone to attend,
requested a Mayoral Proclamation, and
provided written material.
C. Grace Madruga spoke regarding the 30-minute
parking at 25th and H streets.
City Manager Tandy responded.
d. William Lind, representing the Bakersfield Tea
Party, spoke in opposition to the location of the
Federal Courthouse and the increase in the
traffic impact fees.
Bakersfield, California, August 19, 2009 - Page 2
4. PUBLIC STATEMENTS continued ACTION TAKEN
e. Josiah Vencel spoke regarding some concerns
about the Bakersfield Redevelopment Agency.
d. Sheryl Barbich, President, Greater Bakersfield
Vision 2020, and Bernie Herman, Executive
Director, Bakersfield Museum of Art, presented
Spirit of the Vision Awards to City Manager
Tandy, Economic and Community
Development Director Kunz, Public Works
Director Rojas, Recreation and Parks Director
Hoover, and Water Resources Manager Core.
5. WORKSHOPS
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to Derek L. Tisinger.
Fire Captain Tisinger accepted the plaque and
gift certificate, and made comments.
b. Presentation by Mayor Hall of Certificates of
Appreciation to the Frontier High School Men's
Varsity Track State Championship Team and
coaches.
Certificates were provided to team members
Caleb Barger, Nick Barton, Alex Carmichael,
Matt Darr, Nathan Despain, Garett Dickey, Ian
Driskill, Zach Ferrenberg, Eric Folweiler, Michael
Heathcott, Nolan Mearse, Jacob Rutledge, and
coaches Jeff Caneta, Cliff Bolton, David
Gaeta, Romy Greenwood, Robert Nunez, John
Richardson.
Coach Gaeta thanked Mayor Hall for the
recognition.
Matt Darr, State Champion in Discus/Shot Put,
made comments.
C. Presentation by Mayor Hall of Certificates of
Appreciation to the Fruitvale Junior High
School National History Day Championship
Team and coaches.
Bakersfield, California, August 19, 2009 - Page 3
6. PRESENTATIONS continued ACTION TAKEN
Item 6.c. continued
Certificates were presented to team members
Sameen Bramer, Bianca Hinojosa, Calvin
Laverty, Marissa Manos, Ramie Sahota, and
coaches Brenda Griffiths (not present), Jennifer
Mykytiuk.
Coach Mykytiuk made comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 29, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from July ABS WEIR
17, 2009 to August 6, 2009 in the amount of
$15,361,852.25 and self-insurance payments
from July 17, 2009 to August 6, 2009 in the
amount of $1,095,902.69.
Ordinances:
C. Adoption of Ordinance amending Municipal ORD 4585
Code Sections 1. 12.010 and 1. 12.040 by adding
Annexation No. 596 consisting of 50.12 acres
located at the southwest corner of Washington
Street and Belle Terrace to Ward 1 and
Annexation No. 591 consisting of 86.78 acres
located on the north side of Brimhall Road, east
of Rudd Road to Ward 4.
Bakersfield, California, August 19, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of Ordinance amending Municipal ORD 4586
Code Sections 1.12.010, 1.12.020, 1.12.030 and
1.12.070 by adding Annexation No. 597
consisting of the following multiple uninhabited
County owned properties: County Property
No. 1 consisting of 1557.72 acres located south
of Casa Loma Drive, east of Mt. Vernon
Avenue; County Property No. 2 consisting of
160.51 acres located south of Belle Terrace,
west of Union Avenue; County Property No. 3
consisting of 21.12 acres located south of Belle
Terrace and west of Cottonwood Road; County
Property No. 4 consisting of 17.48 acres located
south of Highway 58 east of Cottonwood Road;
County Property No. 5 consisting of 94.52 acres
located on the west side of Mt. Vernon Avenue,
south of Bernard Street; County Property No. 6
consisting of 7.57 acres located at the
northeast corner of Cottonwood Road and
Belle Terrace; County Property No. 7 consisting
of 13,835 square feet located at the northeast
corner of Virginia Avenue and S. Williams Street;
County Property No. 8 consisting of 2.32 acres
located at the northeast corner of Cottonwood
Road and Casa Loma Drive; County Property
No. 9 consisting of 41,746 square feet located
east of Virginia Avenue between Lake Street
and Kentucky Street, to Wards 1, 2, 3 & 7.
Resolutions:
RES 092-09
e. Resolution determining that Bioxide, a
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one (1) year, not to exceed the
budgeted amount of $700,000.
f. Resolution approving the destruction of certain RES 093-09
obsolete City records, documents, instruments,
books and papers, pursuant to Government
Code Section 34090, et seq. (Public Works
Department)
Bakersfield, California, August 19, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
g. Resolution amending the official list of RES 094-09
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
h. Resolution confirming approval by the Assistant RES 095-09
City Manager of the Chief Code Enforcement
Officer's report regarding assessments of
certain properties in the City for which
structures have been secured against entry or
for the abatement of certain weeds, debris and
waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
i. Resolution of Intention No. 1641 to add territory, R011641
Area 2-40 (6000 & 6020 District Blvd.) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
j. Agreement with Bakersfield Symphony ($50,000 AGR 09-105
contribution) for Fiscal Year 2009-10.
k. Agreement with California Emergency AGR 09-106
Management Agency (CaIEMA, formerly OES)
for the possession of the State Type-2 Urban
Search & Rescue Trailer and associated
equipment cache.
1. Amendment No. 1 to Agreement No. 07-154 AGR 07-154(1)
with RRM Design Group ($68,350; revised not to
exceed $719,150) for design and prepare
construction documents for Fire Station No. 14
and Greystone Park.
M. Amendment No. 1 to Agreement No. PW08-179 AGR 09-107
with Wastewater Solids Management Co.
($40,000; revised not to exceed $68,200) for
cleaning of two (2) anaerobic digesters at
Wastewater Treatment Plant No. 3.
AGR 07-416(2)
n. Amendment No. 2 to Agreement No. 07-416
with Krazan & Associates, Inc. ($250,000; revised
not to exceed $739,628.75) for material testing
services for various construction projects -
calendar years 2008 & 2009.
Bakersfield, California, August 19, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
o. Allen Road Bridge Project over the Kern River:
1. Amendment No. 1 to Agreement AGR 07-078(1)
No. 07-078 with Lim & Nascimento
Engineering Corp. ($17,000; revised not
to exceed $1,009,050) for construction
management services for the project.
2. Appropriate $17,000 Transportation
Development Fund Balance to the
Public Works Department Capital
Improvement Budget.
P. Addendum to Agreement No. 06-293 with AGR 06-293(1)
County of Kern, Pacific Gas & Electric Co.,
Southern California Edison Co. and Southern
California Gas Co. to deliver the Bakersfield
and Kern County Energy Watch Program and
continue certain energy efficiency programs to
the end of the bridge funding period.
q. Amendment No. 3 to Agreement No. 02-061 AGR 02-061(3)
with CC Plaza, LLC for office space at 900
Truxtun Avenue to include space into the
master lease that was formerly subleased to
generate a net savings to the City of
approximately $1,000 per month.
r. Amendment No. 1 to Agreement No. 92-76 with AGR 92-076(1)
Michael Richert for lease of parking lot at What
a Racket Health and Sports, 3500 215' Street.
S. Contract Change Order No. 54 to Agreement AGR 07-304
No. 07-304 with Security Paving Construction CCO 54
($136,858; revised not to exceed
$30,261,903.26) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
t. Contract Change Order No. 3 to Agreement AGR 09-008
No. 09-008 with Griffith Company ($27,662.33; CCO 3
revised not to exceed $1,112,048.17) for the
Realignment of Auburn Street Project.
AGR 08-236
U. Contract Change Order No. 2 to Agreement CCO 2
No. 08-236 with AC Materials, Inc. ($29,370.34;
revised not to exceed $674,629.79) for the
Shoulder Paving at S. Mt. Vernon Avenue from
E. Belle Terrace to E. Planz Road Project.
Bakersfield, California, August 19, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
V. Contract Change Order No. 1 and 2 to AGR 08-215
Agreement No. 08-215 with Rock Bottom, Inc. CCO 1, CCO 2
($10,451.02 credit; revised not to exceed
$609,422.98) for the Irrigation Improvements at
Aera Park Project.
Bids:
W. Reject bids for HUD street materials annual
contract.
X. Accept bid and award annual contract to Terry AGR 09-108
Bedford Concrete Construction, Inc. (not to
exceed $890,000) for construction of HUD curb
and gutter.
Y. Accept bid and award contract to Granite AGR 09-109
Construction Co. ($1,550,804) for the Pavement
Rehabilitation 2009 Phase 1 - Mt. Vernon
Avenue from SR178 to University Avenue
Project. (ARRA)
Z. Accept bid and award contract to Maverick AGR 09-110
Asphalt, Inc. (1,661,661) for the Pavement
Rehabilitation 2009 Phase 2 - Ashe Road from
White Lane to Ming Avenue. (ARRA)
aa. Accept bid and award contract to Maverick AGR 09-111
Asphalt, Inc. ($1,783,543.90) for the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from
White Lane to Planz Road; Wible Road from
Pacheco Road to White Lane and Hughes Lane
from White Lane to Planz Road. (ARRA)
bb. Landscape Improvements - Watts Drive and REMOVED FOR
Madison Street: SEPARATE
CONSIDERATION
1. Accept bid and award contract to Kern
Sprinkler Landscaping, Inc. ($120,314.50)
for project.
2. Contract Change Order No. 1 to
Agreement with Kern Sprinkler
Landscaping, Inc. ($58,100; revised not
to exceed $178,414.50) for expansion of
the Madison Street project.
Bakersfield, California, August 19, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
CC. Mesa Marin Sports Complex:
1. Accept Base Bid and Additive Alternates AGR 09-113
1, 2, 4, 5, 6 & 7 and award contract to
Kern Pacific Construction ($3,127,500) for
project.
2. Appropriate $684,811 Park Development
Fund balance to the Recreation and
Parks Department Capital Improvement
Budget.
dd. Accept bid and award contract to Gilliam & AGR 09-114
Sons, Inc. ($134,114) for Rick's Recycling ABS COUCH
Demolition Project at 730 California Avenue.
ee. Accept bid and award annual contract to AGR 09-115
Clean Harbors Environmental Services, Inc.
($67,456) for sulfa treat media removal related
to cogeneration energy production for
Wastewater Division.
Miscellaneous:
ff. League of California Cities Annual Conference
appointment of voting delegate and City
positions on Conference Resolutions. (Legislative
& Litigation Committee recommends the
appointment of Jacquie Sullivan as voting delegate
and staff recommends acceptance of the
recommendations for the proposed resolutions.)
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 conflict of interest, potential source of Income
to himself and his employer, on item 8.dd.
Councilmember Carson requested that item 8.bb. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.1f. with the removal for AB BENHAM
separate consideration of item 8.bb.
Bakersfield, California, August 19, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
bb. Landscape Improvements - Watts Drive and
Madison Street:
1. Accept bid and award contract to Kern AGR 09-112
Sprinkler Landscaping, Inc. ($120,314.50)
for project.
2. Contract Change Order No. 1 to AGR 09-112
Agreement with Kern Sprinkler CCO 1
Landscaping, Inc. ($58,100; revised not
to exceed $178,414.50) for expansion of
the Madison Street project.
At the request of Councilmember Carson,
Economic Development Director Kunz
responded to questions.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.bb. AB BENHAM
9. CONSENT CALENDAR HEARINGS
a. General Plan Amendment No. 09-0060; The City
is requesting a general plan amendment to
change the Circulation Element - Circulation
Map generally located in the northwest
Bakersfield area, on the west side of Freeway
99, south of Olive Drive. (Staff recommends
adoption of resolution.)
1. Resolution approving the Negative RES 096-09
Declaration, adopting the general plan
amendment of the Circulation Element
to change the designation of Hageman
Road from a collector to an arterial
between Landco Drive and State Route
99 (SR-99)/Golden State Avenue (SR-204)
and remove the future bikeway route at
the same location. This amendment will
also revise the alignment of Standard
Street (collector) from its current
diagonal alignment intersecting with
Landco Drive and Hageman Road to a
horizontal (east-west) alignment from
Atlas Court and intersecting with Landco
Drive'/4 mile south of Hageman Road.
Bakersfield, California, August 19, 2009 - Page 10
9. CONSENT CALENDAR HEARINGS ACTION TAKEN
b. General Plan Amendment No. 09-0326; The City RES 097-09
has applied for a general plan amendment to
incorporate land use changes approved by the
Kern County Board of Supervisors. (Staff
recommends adoption of resolution.)
1. Resolution approving the Notice of
Exemption and adopting the general
plan amendment to incorporate land
use changes 1) from LMR/LR (Low
Medium Density Residential) to LI (Light
Industrial) on 1.96 acres located north of
Rosedale Highway, generally west of
Calloway Drive and 2) from SR/LR
(Suburban Residential/Low Density
Residential) to GC (General
Commercial) on 18.02 acres located
north of Taft Highway, generally east of
South H Street, approved by the County
of Kern.
C. General Plan Amendments/Zone Changes: CONTINUED
(Staff recommends continuance to September 9, TO THE
2009 meeting.) SEPTEMBER 9TH
COUNCIL MEETING
1. General Plan Amendment/Zone Change
No. 09-0023.
2. General Plan Amendment/Zone Change
No. 09-0258.
3. General Plan Amendment/Zone Change
No. 03-0337 (The Canyons Project).
City Clerk McCarthy announced Item 9.a. should be
corrected to read "General Plan Amendment
No. 09-0060..."
Consent Calendar Hearings opened at 5:57 p.m.
No one spoke.
Consent Calendar Hearing Items 9.a. and 9. b. closed
at 5:58 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing Items 9 a. and 9.b., and the AB BENHAM
continuation of Consent Calendar Hearing Item 9.c. to
the September 9th Council meeting.
Bakersfield, California, August 19, 2009 - Page 11
10. HEARINGS ACTION TAKEN
None.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Counciimember Couch asked staff to check with
PG&E regarding the manner in which customers are
being charged under the new Smart Meter program
and to clarify this process and advise the community.
Counciimember Carson asked staff to provide extra
patrols in the area of Ralston and Martin Luther King
Jr. Boulevard due to excessive criminal activity around
the church.
Councilmember Sullivan commended staff for the
completed street construction on the Ming Avenue
on-ramp, as well as the improvements on White Lane.
Councilmember Hanson asked staff to look into the
feasibility of staggering Code Enforcement
Officers' hours of work to facilitate after-hours
complaints.
Chief of Police Rector responded to questions from
Councilmember Hanson regarding making better use
of the reserve officers to assist the Police Department.
Councilmember Hanson referred to the Legislative and
Litigation Committee the Issue of leaf blower
regulations.
Bakersfield, California, August 19, 2009 - Page 12
15. CLOSED SESSION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following cases:
1. George Hollingsworth v. City, et al; KCSC
Case No. S-1500-CV-264923-SPC.
2. Robert Pratt v. City; KCSC Case Nos. S-
1500-CV-253264-AEW, S- 1 500-CV-
259414-AEW and S-1500-CV-261666-AEW
3. Home Builders Association of Kern
County, Inc. v. City, et al; KCSC Case No.
S-1500-CV 267954 NFT
b. Conference with Legal Counsel -
Potential Litigation; Closed Session
pursuant to subdivision (b) (1) (3) (A) of
Government Code Section 54956.9.
(One matter)
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:08 p.m. AB BENHAM
Motion by Councilmember Couch to adjourn from APPROVED
Closed Session at 8:58 p.m. AB HALL, BENHAM
Mayor Hall announced that Vice-Mayor Scrivner will
be reconvening the meeting.
RECONVENED MEETING - 9:01 p.m.
16. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following cases:
1. George Hollingsworth v. City, et al; KCSC DIRECTION GIVEN
Case No. S-1500-CV-264923-SPC. TO CITY ATTORNEY
2. Robert Pratt v. City; KCSC Case Nos. NO REPORTABLE
ACTION
S-1500-CV-253264-AEW, S-1500-CV-
259414-AEW and S-1500-CV-261666-AEW.
3. Home Builders Association of Kern DIRECTION GIVEN
County, Inc. v. City, et al; KCSC Case No. TO STAFF
S-1500-CV 267954 NFT.
Bakersfield, California, August 19, 2009 - Page 13
16. CLOSED SESSION ACTION continued ACTION TAKEN
b. Conference with Legal Counsel - DIRECTION GIVEN
Potential Litigation; Closed Session TO CITY MANAGER
pursuant to subdivision (b) (1) (3) (A) of
Government Code Section 54956.9.
(One matter)
17. ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at 9:01
p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield