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HomeMy WebLinkAbout09/09/09_CC_AGENDA_PACKET 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 L 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 BA 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: krt A vo 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: krt A 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: ndw 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 S:\Richard\AP\ADMIMCOUNCIL-ADMIN-AP-2009\ADMIN-AP 090909.doc A 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 A O as ~ s Cri 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 S:\Councilladmins12004M4tgDabss2009Amend.dot F A 4} 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 A p o o~r 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 8124/2009 9:36 AM -1 IC 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 G:\GROUPDAT\ADMINRPT\2009\09-09\Parsons Amendment 6 Admin Report E4K114.doc 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 F A 4 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 A e4 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 G:\GROUPDAT\ADMINRPT12009\09-09\Admin Rpt Sports Village Phase 1.doc 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 G:%GROUPDATWDMINRPT12009\09-09Wdmin Rpt_ Sports Village Phase 1.doc ADMINISTRATIVE REPORT Page 3 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 G:\GROUPDAT\ADMINRPT\2009\09-09\Additional Approp - Orthophotos.doc A 00 1+r S 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 o ,s 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