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BAKERSFIELD CITY COUNCIL
. AGENDA
` MEETING OF JUNE 11, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Consent Calendar & Closed Session item(s) only during this portion of the
meeting)
3. WORKSHOPS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 12, 2008 Budget Meeting and May 21, 2008 Regular City
Council Meeting.
Payments:
b. Approval of department payments from May 9, 2008 to May 29, 2008 in the amount of
$17,840,816.92 and self-insurance payments from May 9, 2008 to May 29, 2008 in the
amount of $475,442.02.
Ordinances:
(Ward 1) c. First Reading of Ordinance amending Title 17 (Zone Map No. 124-29) of the Municipal Code
by changing the zoning from R-3 (Limited Multiple Family Dwelling) to C-2 (Regional
Commercial) on 0.63 acre located on the east side of South Union Avenue, approximately
500 feet south of East Panama Lane (ZC 08-0102 - Mark Sandoval representing Matthew
Mark and Partners, LP and RHPDB LLC).
(ward 6) d. First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 123-37) of the Municipal Code by changing the zoning from R-1 (One-Family
Dwelling) to M-1 (Light Manufacturing) on 1.79 acres generally located on the northeast
corner of McCutchen Road and Ashe Road (Applicant: Summit Engineering representing Old
River Land Company) (ZC 08-0179)
e. First Reading of Ordinance amending Section 2.28.030 of the Municipal Code relating to
Planning Commission - Creation - Members, incorporating only the technical changes
relating to dates for future appointments of Planning Commissioners. (Legislative &
Litigation Committee)
(Wards 1,6) f. Adoption of Ordinance amending Municipal Code Sections 1. 12.010 and 1. 12.060 by
adding Annexation No. 558 consisting of 42,706 square feet, located on the south side of
Terrace Way, between Wible Road and Delfino Lane to Ward 1 and Annexation No. 586
consisting of 1.55 acres, located on the south side of Taft Highway, between Ashe and Stine
Roads to Ward 6. (FR 05121108)
(Ward 4) g. Adoption of Ordinance approving a Notice of Exemption and amending Title 17 (Zone Map
No. 102-19) of the Municipal Code by changing the zoning from A (Agriculture) and R-S-1A
(Residential Suburban - 1 acre minimum lot size) to E/CH (Estate/Church Overlay) on 3.65
acres located at the southwest corner of Meacham Road and Calloway Drive (ZC 07-2273,
Michael H. McAlister representing Cornerstone Church) (FR 05121108)
4. CONSENT CALENDAR continued
(Ward 2) h. Adoption of Ordinance adopting the Notice of Exemption and approving a zone change
from PCD (Planned Commercial Development) to PCD on approximately 1.8 acres of a
larger 16.75 acre commercial center located generally at 5200 Stockdale Highway. (ZC 07-
2195 - Milestone Management) (FR 05121108)
(Ward 4) i. Adoption of Ordinance amending Title 17 (Zone Map No. 123-06) of the Municipal Code from
C-2 to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately
47 acres located west of Calloway Drive between Stockdale Highway and the Kern River.
(ZC 07-2098 - McIntosh & Associates). (FR 05121108)
(Ward 5) j. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone
Map No. 123-28) of the Municipal Code and amending Zoning Map No. 123-28 from A
(Agriculture Zone) to R-2 (Limited Multiple Family Dwelling) on 39.94 acres and to M-1 (Light
Manufacturing) on 19.99 acres generally located northwest of Ashe Road and McCutchen
Road. (ZC 07-1135 - Dave Dmohowski) (FR 05107108)
(Ward 2) k. Adoption of Ordinance approving a Notice of Exemption and amending Title 17 (Zone Map
No. 103-19) of the Municipal Code by changing the zoning from R-3 (Multiple Family
Dwelling) to C-O (Professional and Administrative Office) on 0.92 acre at the northeast
corner of San Dimas Street and 33rd Street.) (GPA/ZC 08-0151 - City). (FR 05107108)
(Ward 5 & 6)* 1. Adoption of Ordinance amending Title 17 (Zone Map No. 123-32) of the Municipal Code by
changing the zoning from A (Agriculture) to M-2 (General Manufacturing) on 19.55 acres
generally located at the southwest corner of Gosford Road and McCutchen Road. (ZC 07-
1930 - Brent Dezember, representing Structure Cast). (FR 05107108)
(Ward 3) M. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map
No. 104-16) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling
Residential) to R-2/PUD (Limited Multi-Family Dwelling Residential/Planned Unit
Development) on approximately 18 acres generally located northeast of Highway 178 and
Masterson Street. (ZC 07-2342 - Spring Hill Development). (FR 05107108)
Resolutions:
n. Delinquent Sewer Charges:
1. Resolution providing for the collection of delinquent sewer charges by the Kern
County Tax Collector.
2. Resolution authorizing the Kern County Tax Collector to establish two special
accounts to track collection of Plant #2 and Plant #3 delinquent sewer charges.
o. Resolution voiding the negative declaration for the amendments to Chapter 17.66 relating to
HD - Hillside Development Combining Zone of Title 17 of the Municipal Code.
(Ward 3,6) p. Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
1. Area 2-38 (Akers, Alum NE)
2. Area 4-84 (Canyons #1)
(Ward 3,4,5,6) q. 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).
* upon annexation
2 City Council Meeting of 06/11/2008
4. CONSENT CALENDAR continued
r. Purchase of Bomb Response Vehicle:
1. Resolution authorizing the Finance Director to dispense with normal bidding
procedures and authorize the purchase of a bomb response vehicle from Braun
Northwest Inc. (not to exceed $285,000).
2. Appropriate $141,355 seized asset revenues to the Capital Improvement Budget
within the Supplemental Law Enforcement Fund for the purchase of a bomb response
vehicle.
Agreements:
(Ward 4) s. Agreement with BH Investments, Inc. ($231,000) to purchase real property located on the
east side of Mohawk Street south of Rosedale Highway and north of the BNSF railroad for
the Westside Parkway.
(Ward 4) t. Agreement with A & A Land Company, LLC to purchase real property located on the east
side of Mohawk Street south of Rosedale Highway and north of the BNSF railroad for
Westside Parkway.
U. Settlement Agreement with Tricor Energy, LLC ($4,093,400) for reimbursement of costs to
relocate facilities being impacted by the Westside Parkway Project within the Fruitvale Oil
Field, Red Ribbon Ranch Lease located on both sides of Mohawk Street south of Rosedale
Highway and north of the Kern River.
(Ward 3,4,5,6,7) v. Agreement with Wilson & Associates (not to exceed $114,200) to provide continuing
disclosure services for various Special Assessment Districts.
(Ward 1) w. Agreement with Bakersfield Brigade SMUF (20% of fees collected to be paid to the City) for
management services at Saunders Park Multi-Purpose Recreational Facility.
X. Agreement with SMG (not to exceed $50,000) to reimburse costs associated with
renting the Rabobank Arena for the Christian Congregation of Jehovah's Witness'
Conventions.
Y. Agreements with the following engineering firms (each not to exceed $300,000) for providing
on-call engineering and surveying services for non-federally funded Capital Improvement
Projects during the remaining portion of Fiscal Year 2007-08 and all of Fiscal Years 2008-09
and 2009-10.
1. Harris & Associates
2. Meyer Civil Engineering, Inc.
3. Ruettgers & Schuler Civil Engineers
(Ward 2,3,4,5,6) Z. Amendment No. 1 to Agreement 92-250 with California Water Service Company to allow
service pipe replacement as capital expense, establish a deductible to repair costs and
adjust percentage for engineering and inspection fees.
(Ward 3) aa. Amendment No. 1 to Agreement 07-417 with Michael M. Hogan, Law Firm of Hogan Guiney
Dick LLP, (not to exceed $115,000) to provide outside legal services in the matters of DKS
Investments, LLC; and Canyons, LLC v. City.
bb. Amendment No. 1 to Agreement 07-197 with KSS Systems, Inc. dba Kern Security Patrol
($70,000) extending the term to June 19, 2009 for park security services.
(Ward 4) cc. Amendment No. 1 to Agreement 07-198 with Zim Industries, Inc. dba Bakersfield Well and
Pump Company ($100,000) extending the term to June 19, 2009 for maintenance and repair
of the Olcese wells.
3 City Council Meeting of 06/11/2008
4. CONSENT CALENDAR continued
(Ward 2) dd. Amendment No. 4 to Agreement 07-192 with Meyer Civil Engineering, Inc. ($20,000; revised
not to exceed $199,390) for additional engineering and construction administration services
for Mill Creek - Phase 1 (Central Park).
(Ward 4) ee. Contract Change Order No. 1 to Agreement 07-403 with Parsam Construction, Inc.
($13,871.78; revised not to exceed $667,871.78) for the Olcese 1 & 2 Block Pump Houses
Project located at the River Canal at Nord Road.
(Ward 6) ff. Contract Change Order No. 1 to Agreement 07-302 with Kiewit Pacific Corporation
($169,165; revised not to exceed $211,190,165) for the Wastewater Treatment Plant #3 -
2007 Expansion.
Bids:
gg. Accept bid from Bakersfield Truck Center ($297,628.74) for one additional three (3) axle
side-loading automated refuse truck for the Public Works Department Solid Waste Division.
hh. Accept bid from Valmont Industries, Inc., ($127,584.60) for traffic signal poles.
ii. Accept bid and award annual contract to Gilliam and Sons, Inc., (not to exceed $2,500,000)
for earthmoving and hauling services.
jj. Accept bid and award annual contract to Pestmaster Services, Inc. ($91,723.80) for chemical
application for the Water Resources and Recreation and Parks Departments.
(Ward 2) kk. Roof Replacement at 1715 Chester Avenue, Development Services Building:
1. Accept bid and award contract to Best Contracting Services, Inc., ($159,647) for roof
replacement.
2. Transfer $70,000 from Public Works Capital Improvement Project (Roof
Replacement) to the Capital Improvement Project entitled Replace Roof at
Development Services Building within the Capital Outlay Fund.
(Ward 3 & 4) ll. Accept bid and award contract to Kern Pacific Construction Company ($228,462.50) for
installation of metered turnouts on the Northwest Feeder Pipeline Project.
Miscellaneous:
mm. Authorize the Finance Director to forward to a collection agency, accounts receivable in
various funds totaling $147,943.77.
nn. Planning and Development Committee Report regarding standards for subdivision walls
along freeways, arterial and collector streets. (Committee recommends acceptance of report
and refer the matter to the Planning Commission to amend the subdivision wall and landscape
policy.)
Staff recommends adoption of Consent Calendar items a through nn.
5. CLOSED SESSION
a. Conference with Legal Counsel - Potential Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (One issue)
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One issue)
4 City Council Meeting of 06/11/2008
1 ;
RECONVENED MEETING - approximately 6:30 p.m.
6. ROLL CALL
7. INVOCATION by Reverend Elizabeth Price, Acts of Worship Ministries.
8. PLEDGE OF ALLEGIANCE by Garrett LaFavor, 5th Grade Student, Lakeside School.
9. CLOSED SESSION ACTION
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Margaret Gallegos, Principal, Juliet
Thorner Elementary School, proclaiming June 11, 2008, as Juliet Thorner Elementary
School Day.
b. Presentation by Mayor Hall of Proclamation to Sung Lim Koo, International Relations Team
Chief, Bucheon City, South Korea, bestowing on him the title of Honorary Citizen of
Bakersfield.
11. PUBLIC STATEMENTS
12. APPOINTMENTS
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution to revise the Countywide Siting Element of Kern
County and Incorporated Cities Integrated Waste Management Plan. (Staff recommends
adoption of Resolution.)
b. Public Hearing to consider Resolution adopting proposed sewer rate increase (14.8%) for
Fiscal Year 2008-09. (Staff recommends adoption of Resolution.)
C. Public Hearing to consider Resolution adopting proposed residential refuse rate increase
(3.9%) for Fiscal Year 2008-09. (Staff recommends adoption of Resolution.)
d. Public Hearing to consider Resolution adopting proposed commercial refuse rate increase
(3.9%) for Fiscal Year 2008-09. (Staff recommends adoption of Resolution.)
(Ward 2-6) e. Public Hearing to consider Resolution increasing the domestic water quantity rate for Ashe,
Fairhaven and Riverlakes Ranch service areas of the City's Water System.
f. Protest Hearing to consider Resolution approving and adopting the Public Works Director's
report for the Consolidated Maintenance District and the 2008-2009 Budget, confirming the
park landscaping assessments and authorizing collection of assessments by the Kern
County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.)
g. Protest Hearing to consider Resolution approving and adopting the Pubic Works Director's
report for the Consolidated Maintenance District and the 2008-2009 Budget, confirming the
street landscaping assessments and authorizing collection of assessments by the Kern
County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.)
(Ward 1,3-7) h. Protest Hearing to consider Resolution approving and adopting the Public Works Director's
report for 12 Traffic Signal Maintenance Districts and the 2008-2009 Budgets, confirming the
assessments and authorizing collection of assessments by the Kern County Tax Collector.
(Staff recommends overriding protests and adoption of Resolution.)
5 City Council Meeting of 06/11/2008
14. HEARINGS
a. Public Hearing for the Fiscal Year 2008-09 Operating, Bakersfield Redevelopment Agency
and Capital Improvement Program Budgets.
Staff recommends Council hear public testimony.
15. REPORTS
16. DEFERRED BUSINESS
a. Proposed Quiet Zone on the Burlington Northern Santa Fe (BNSF) railroad Mojave Corridor
from L Street to Sumner Street. (Staff presentation by Raul Rojas, Public Works Director.)
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
06/05/08 8:20em
6 City Council Meeting of 06/11/2008
t
AGENDA HIGHLIGHTS
June 11, 2008 COUNCIL MEETING
REGULAR MEETING 5:15 a.m.
CONSENT CALENDAR
Ordinances
Item 4c. First Reading of an Ordinance Amendina the Municipal Code by Chanaina the Zonina from R-3
(Limited Multiple-Family Dwellina) to C-2 (Reaional Commercial) on 0.63 Acres Located on the East Side of
South Union Avenue approximately 500 Feet South of East Panama Lane Mark Sandoval representing
Matthew Mark and Partners, LP propose to facilitate the future construction of a fast-food restaurant. The
proposed zone change is a related project which depicts a 13,225 square foot pharmacy to be located at the
southeast corner of South Union Avenue and East Panama Lane. On April 17, 2008, the Planning
Commission recommended adoption by the City Council. No one spoke in opposition to the project at the
hearing.
Item 4d. First Reading of an Ordinance Armrovina a Negative Declaration and Amending the Municipal Code
by Chanaina the Zoning from R-1 (Sinale-Family Dwelling) to M-1 (Light Manufacturna) on 1.79 Acres
Generally Located on the Northeast Corner of McCutchen Road and Ashe Road. Summit Engineering,
representing Old River Land Company, propose light manufacturing zoning, which is allowed in the % mile no
residential buffer zone established surrounding the Wastewater Treatment Plant #3. The site is currently
undeveloped. On May 1, 2008, the Planning Commission recommended adoption by the City Council. No one
spoke in opposition to the project at the hearing.
Item 4e. First Reading of an Ordinance Amending the Municipal Code Relatina to the Creation of Planning
Commission Members. On March 26, 2008, Councilmember Weir made a referral to the Legislative and
Litigation Committee requesting consideration of changes dealing with the appointment of Planning
Commissioners. At the April 23, 2008 Council meeting, Councilmember Carson requested that the Committee
consider an alternative method. On May 20, 2008, the City Attorney presented two ordinances for the
Committee to consider, each one addressing the individual referrals. The Legislative and Litigation Committee
recommended that only the technical changes suggested by the City Attorney should be adopted and
forwarded to the full Council for approval and adoption.
Resolutions
Item 4o. Resolution Voiding the Negative Declaration for the Amendments to the Municipal Code relatina to
the Hillside Ordinance. In November, 2006, Council passed an ordinance adopting a Negative Declaration
and amending the Municipal Code regarding the Hillside Ordinance. Lawsuits were subsequently filed. In
March, 2008, Kern County Superior Court ordered the City to set aside the negative declaration and prepare
an EIR for the Hillside Ordinance. This resolution complies with the Court Order.
Item 4r. Resolution Authorizing the Finance Director to Dispense with Normal Biddina Procedures and
Authorize the Purchase of a Bomb Response Vehicle from Braun Northwest Inc in an amount not to exceed
$285,000. The armored vehicle now being used is 30 years old, unreliable and incapable of housing modem
equipment. Staff thoroughly researched vendors that specialize in bomb transportation vehicles and
determined that Braun Northwest, Inc. makes the most reasonable product. Staff recommends funding the
vehicle with $143,645 in unspent SLESF monies and the remainder from Asset Forfeiture funds.
Agreements
Items 4s. and 4t. Agreements with BH Investments. Inc. and A&A Land Company. LLC to Purchase Real
Prooerty Located on the East Side of Mohawk Street South of Rosedale Hiahwav and North of the BNSF
Railroad for the Westside Parkway; These agreements set forth mutually agreeable mitigation measures that
will reduce the impact to each company's operations. Each firm is also granting the City a temporary
construction easement to allow for the construction of the Mohawk Street Improvements. The amount on item
4t. will be completed in advance at the meeting, or it will be pulled from the agenda. Final numbers are being
negotiated after the agenda packet went to print.
Item 4u. Settlement Agreement with Tricor- Energy, LLC, for the Reimbursement of Costs to Relocate
Facilities being Impacted by the Westside Parkway Project within the Fruitvale Oil Field, Red Ribbon Ranch
Lease Located on Both Sides of Mohawk Street South of Rosedale Highway and North of the Kern River for
$4,093-,400. This Agreement states the terms and conditions agreed to by the Parties for the removal,
relocation and reconstruction of Tricor's facilities made necessary by the project.
Item 4w, Contract for Management Services at Saunders Park Multi-Purpose Recreational Facility with
Bakersfield Brigade SMUF. Three proposals were received in response to an RFP. The Bakersfield Brigade
was the organization that met the requirements to manage the facility. The agreement provides that the City
will be compensated 20% of fees collected by the Bakersfield Brigade for use of the facility. The agreement is
for a period of three years, with a two-year renewal option. Proceeds will be used towards future
improvements of the facility.
Item 4y. Consultant Agreements to Provide On-Call Engineering and Surveying Services for Non-Federally
Funded Capital Improvement for the Remainder of FY 2007-08 and all of FY 2008-09 and FY 2009-
10. In October, 2007, staff sent out a 'notice about this program to 165 local and out of town engineering firms.
Thirty firms submitted a Statement of Qualifications, along with their Hourly Billing Rate. Schedule. Staff
recommends entering into agreements with Harris & Associates, Meyer Civil Engineering, Inc. and Ruettgers &
Schuler Civil Engineers. Since specific scopes of work have not yet been determined, the compensation.
amount for each firm is set at a not-to-exceed aggregate total of $300,000 for a two-and=one=half year period.
Project assignments will be based on the firm's experience and expertise and on a rotational basis. Funding
for these agreements will be paid for through the actual budgeted project. No additional appropriations are
anticipated at this time.
Bids
Item 4gg.. Award Contract to Bakersfield Truck Center for One Additional Three Axle Side-Loading Automated
Refuse Truck for the Public Works Department Solid Waste Division in the amount of $297,628.74. Invitations
to bid were sent to 76 suppliers. One acceptable bid was received. Staffrecommends awarding the contract
to Bakersfield Truck Center.
Item 411. Award Annual Contract `to Gilliam and Sons Inc for Earthmoving and Hauling in an amount not to
exceed $2,500,000. Invitations to bid were sent to over 200 contractors. Four complete bids were received.
The pricing schedule is renewable annually for four consecutive one-year periods at the City's option and upon
mutually agreeable terms. Staff recommends awarding the contract to Gilliam and Sons, Inc.
Item 411. Award Contract to Kern Pacific Construction Company for the Installation of Metered Turnouts on the
Northwest Feeder' Pipeline Project in the amount of $228,462.50. Installation of the three metered turnouts will
complete the work required for connecting the City's distribution network to the Kern County Water Agency
pipeline. Five acceptable bids were received. Staff recommends awarding the contract to Kern Pacific
Construction Company,
Miscellaneous
Item 4nn. Planning and Development Committee Report regarding Standards for Subdivision Walls along
Freeways Arterial and Collector Streets. At Planning and Development Committee meetings of March, April,
and May 2008, the Committee discussed various options to improve the attractiveness of subdivision walls,
and ways to reduce graffiti. In an effort to balance aesthetics, graffiti deterrence, `and sound attenuation, the
Committee is recommending the City's subdivision wall and landscaping policy be amended to 1) add a
standard for freeway walls, and 2) revise the standard for walls along arterials and collector streets. The cost
and remedy differs between a textured pattern on a block wall and a poured wall.` The Committee unanimously
supported referral of this item to the Planning Commission to amend the City's subdivision wall and landscape
policy to include the standards summarized in the administrative report.
June 11, 2008 Agenda Highlights
Pacte 2
Council will sd/ourn fo G/Deed Session folloi:+ina the completion of the Consent Calendar
tLLOSED SESSION
There will be a conference with legal counsel regarding two cases of potential litigation.
CONTINUATION OF THE REGULAR MEETING - APPROXIMATELY 6.30 P.M.
CONSENT CALENDAR HEARINGS
Item 13s. Resolution in Support of Amendment of the Kern County and Incorporated Cities Integrated Waste
Management Plan. Kern County is preparing to amend the Countywide Integrated Waste Management Plan,
for the inclusion of the H.M. Holloway Landfill in the Siting Element. Although the H.M. Holloway Landfill is
located in the County, the City has the opportunity to participate in the amendment process. Because these
proposed changes present no adverse impact within the City's jurisdiction, it is appropriate to pass the
Resolution in support of the Countywide Siting Element amendment.
Item 13b. Public Hearina to Consider a Resolution adopting Proposed Sewer Rate Increase for FY 2008 09
Staff proposes a 14.8% increase in all sewer user charges. This atypical rate increase is due to the $211
million Plant 3 Expansion/Upgrade project. This project is financed by the issuance of bonds. The annual debt
service payments on these bonds are included in the proposed increase. Sewer connection fees will not be
able to fully fund the anticipated annual debt payments associated with the bond financing. The proposed rate
increase will also provide funds to establish and replenish sewer reserve funds to adequate levels to provide
certain assurances to bond holders and rating agencies regarding the financial stability of the enterprise. If
approved, the user rate for a single-family dwelling will increase from $155 to $178 per year. These fees are
collected with property taxes. Exhibits to the administrative report contain miscellaneous sewer user charges
and fee details. As of June 4, 2008, staff received two electronic notifications protesting the increase.
Items 13c. and 13d. Public Hearinas to Consider Residential and Commercial Refuse Rate Increases for FY
2008-09. Two residential refuse service collection rates are proposed to be increased: Single-Family dwelling
and Multiple-Family dwelling (up to four units) refuse service. The single-family rate is proposed to be
increased from $174.48 per unit to $181.32 per unit per year, which Is an increase of 3.9%). The multi-family
rate is proposed to be increased from $157.80 per unit per year to $163.92 per unit per year. The increase
covers inflation and operating cost increases, maintenance costs, and costs for greenwaste carts and recycling
equipment to meet the state recycling mandates. As of June 2, 2008, the City Clerk had received 6 written
letters and 2 electronic notifications protesting the residential refuse fee.
Commercial Solid Waste rates for FY 2008-09 also reflect a 3.9% increase in rates, which covers inflation and
operating cost increases, maintenance costs, and costs for street sweeping and commercial wood waste
recycling. The proposed fees would become effective July 1, 2008.
Item 139. Public Hearina to Consider an increase in the Quantity Rate for the City's Domestic Water System
The quantity rate is currently $0.79 per hundred cubic foot unit. The proposed rate will increase by $0.06 per
unit on October 1, 2008. No adjustment to the readiness-to-serve charge is proposed. A typical residential
customer will see a total increase of $1.68 per month. To date, no protests have been received.
Items 131, 13g, and 13h. Protest Hearings regarding Park and Street Landscaping Assessments and Traffic
Signal Assessments for the Consolidated Maintenance District (CMD). These hearings are to hear protests
only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of
the assessment on any parcel of property to be assessed and the reservation by the City of right to elect
whether to proceed to perform work by City forces or by private contractor. Staff recommends approval of
Resolutions for each assessment category, approving and adopting the Public Works Director's reports, and
confirming the assessments and authorizing collection of the assessments.
June 11, 2008 Agenda Highlights
Page 3
HEAD
Item 14a. Public Hearing for the FY 2008-09 Operating Bakersfield Redevelopment Agency and Capital
Improvement Progrm Budgets. The FY 2008,09 Budget is proposed at $595,885,848, which includes a
$372,166,431 Operating Budget, $18,979,286 ;Bakersfield Redevelopment Agency Budget, and a
$204,740,131 Capital Improvement Budget (including Redevelopment Agency capital improvements). Final
adoption of the budget is scheduled for June 25, 2008.
DEFERRED BUSINESS
Item 16a. Proposed Quiet Zone in Burlington Northern Santa Fe (BN.SF) Moiave Subdivision from L-Street to
Sumner Street: Staff will present three alternates for Council consideration, noted in the administrative report
as Alternates X, Y and Z. The City Attorney does not recommend either Alternate _X or Alternate Z.
This is a very complex and difficult issue. It is expected that the staff overview of the material may take as
much as an hour. Citizen comments may further complicate the issue.
There are no good or perfect alternates, and, therefore, no clear-cut staff recommendation. Unfortunately,
there is also not much time due to federal requirements.. Information is also likely to continue to evolve as we
approach the meeting.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
June 11, 2008 Agenda Highlights
Page 4
A
OF ,
ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: , q,,.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City ClerK.- DEPARTMENT HEAQa T
DATE: May 30, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the May 12, 2008 Budget Meeting and May 200 Regular
Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
oq ~MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 9-b.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD-244
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from May 9, 2008 to May 29, 2008 Zn th amount of
$17,840,816.92 and Self Insurance payments from May 9, 2008 to May 29, ,2008 in the
amount of $475,442.02.
RECOMMENDATION:
Staff recommends approval of payments totaling $18,316,258.94.
BACKGROUND:
RAR
May 29, 2008, 3:37PM
SARichardARADMIN-AP.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 14, C
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 22, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 124-29) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-3
(Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 0.63 acre located on
the east side of South Union Avenue, approximately 500 feet south of East Panama
Lane (ZC # 08-0102 - Mark Sandoval representing Matthew Mark and Partners, LP and
RHPDB LLC) (Ward 1)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On April 17, 2008, the Planning Commission held an advertised public hearing on this zone change
request and recommended adoption by the City Council. The zone change request consists of
changing the zoning from R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 0.63
acre. The zone change is being requested to facilitate the future construction of a fast-food restaurant.
No one spoke in opposition to the project at the Planning Commission hearing.
The proposed zone change is a related project of Site Plan Review No. 08-0226 which depicts a 13,225
square foot pharmacy to be located at the southeast corner of South Union Avenue and East Panama
Lane. The zone change would facilitate construction of a fast-food restaurant on the adjoining parcel to
the south. The site is currently undeveloped.
The proposed zone change is exempt from the provisions of the California Environmental Quality Act
(CEQA), pursuant Section 15061(b)(3), General Rule, because it will not affect the environment.
Staff recommends first reading of the zone change.
Prepared by MA 1515108 1 s:ldanaladmins120081june16-11-0102 1.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD r
DATE: May 12, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance approving a Negative Declaration and am6 ding S ction
17.06.020 (Zone Map No.123-27) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1 (One-Family Dwelling) zone to M-1 (Light
Manufacturing) zone on 1.79 acres generally located on the northeast corner of
McCutchen Road and Ashe Road (Applicant: Summit Engineering representing Old
River Land company) (ZC # 08-0179) (Ward 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On May 1, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council. The zone change request consists of changing
the zoning from R-1 (One-Family Dwelling) zone to M-1 (Light Manufacturing) zone on 1.79 acres. The
reason for the request is to bring the zoning into conformance with the % mile no residential buffer zone
established surrounding the City of Bakersfield's Treatment Plant #3. The zone change request will
allow the applicant to have Light Manufacturing zoning, which is allowed in the'/4 mile buffer. The site
is currently undeveloped.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act
(CEQA) an initial study was prepared for the original project which included the subject properties and a
Negative Declaration was adopted by the City Council on November 15, 2006. In accordance with
CEQA section 15162, no further environmental documentation is necessary because no substantial
changes to the original project are proposed, there are no substantial changes in circumstances under
which the project will be undertaken and no new environmental impacts have been identified.
May 12, 2008, 4:09PM
PE/ S: IDanaODMINS12008Vune 16-11-0179 1. doc
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ADMINISTRATIVE REPORT
cA lv°
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , e, .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD t4f7
DATE: June 2, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of Ordinance amending Section 2.28.030 of the Bakersfield Municipal Code
(Planning Commission - Creation - Members) incorporating only the technical changes
relating to dates for future appointments of Planning Commissioners
RECOMMENDATION:
The Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND:
On March 26, 2008, Councilmember Weir made a referral to the Legislative and Litigation Committee
("Committee") requesting consideration of changes to the Bakersfield Municipal Code ("Code") dealing
with the appointment of Planning Commissioners. Councilmember Weir requested three specific
revisions: 1) to allow each Councilmember an appointment to the Planning Commission; 2) to have a
Planning Commissioner's term of office expire with that of the nominating Councilmember; and 3) to allow
removal of a Planning Commissioner upon a majority vote. The issue was subsequently discussed by the
City Council at its April 23, 2008 regular City Council meeting. At that meeting, Councilmember Carson
requested the Committee consider changing the Code so that a Commissioner could only be removed for
cause.
On May 20, 2008, the City Attorney's office presented two ordinances for the Committee to consider,
reflecting the requests of Councilmembers Weir and Carson. Additionally, both versions contained
technical changes by updating the dates for future appointments. The Committee discussed both
versions. Councilmember Couch commented that the current methodology of selecting Planning
Commissioners will not allow a block of four Councilmembers to exert control over the Planning
Commission, and that the current Code protects against having four new Commissioners in one year. The
Committee members also commented that while they understood the rationale for Councilmember
Carson's proposal, the required supermajority in the Code addressed the concern raised. Ultimately, the
Committee unanimously agreed that only the technical changes suggested by the City Attorney's Office
should be adopted and forwarded to the City Council for approval and adoption.
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June 2, 2008, 2:57PM
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: L4, f ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 22, 2008 CITY ATTORNEY IPI;" _
CITY MANAGER Irr
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections § 1.12.010, §
1.12.060 by adding Annexation No. 558 consisting of 42,706 square feet, located on the
south side of Terrace Way, between Wible Road and Delfino Lane to Ward 1 and
Annexation No. 586 consisting of 1.55 acres, located on the south side of Taft Highway,
between Ashe and Stine Roads to Ward 6. (Wards 1 & 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 21, 2008.
This ordinance amends the ward boundaries to include Annexations 558 and 586 into corresponding
Council wards. These annexations were recently approved by LAFCO.
Annexation No. 558 is located on the south side of Terrace Way, between Wible Road and Delfino
Lane. The annexation territory consists of 42,706 square feet and includes three separate residential
properties. The property owners requested annexation to receive city services.
Annexation No. 586 is located on the south side of Taft Highway, between Ashe and Stine Roads.
The property consists of 1.55 acres. The property is currently undeveloped and zoned for
commercial use. The property owner requested annexation for development purposes and to
receive city services.
DL:dc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 22, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving a Notice of Exemption and amending ~ection
17.06.020 (Zone Map No. 102-19) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from A (Agriculture) and R-S-1A (Residential Suburban -1 Acre
Minimum Lot Size) to E/CH (Estate/Church Overlay) on 3.65 acres located at the
southwest corner of Meacham Road and Calloway Drive (ZC # 07-2273 - Michael L.
McAlister representing Cornerstone Church) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 21, 2008.
On April 3, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from A (Agriculture) and R-S-1A (Residential Suburban - 1 acre minimum lot size)
zone to a E/CH (Estate/Church Overlay) zone on 3.65 acres. The reason for the request is to bring the
zoning into conformance with the Metropolitan Bakersfield General Plan Land Use designation on the
subject property. The site is currently developed and utilized for church use.
No one spoke in opposition to the project at the Planning Commission hearing.
On June 11, 2002, the Board of Zoning Adjustment approved the Conditional Use Permit to allow the
existing church, Cornerstone Church, to expand its building to include a multi-purpose building (a
temporary 3,450 square feet sanctuary), two commercial coaches (1,440 square feet each utilized as
classroom space), and a future sanctuary building (8,000 square feet) as part of a three phased project.
The church has completed phase one of the three phased project being the existing 3,450 square foot
multi-purpose building, the additional parking area to meet the City's parking requirements, and a block
wall behind the new multi-purpose building.
TJ /S:IDanaIADMINS12008Uune16-11-2273 2.doc
May 22, 2008
ADMINISTRATIVE REPORT
Based upon an initial environmental assessment, staff has determined the proposed project is exempt
pursuant to CEQA Section 15061(b)(3).
Staff recommends first reading of the zone change.
TJ /S:1Dana1ADMINS120081Junel6-11-2273 2.doc
May 22, 2008
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ADMINISTRATIVE REPORT
1
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: !
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 22, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance adopting the Notice of Exemption and approving a "Zone
Change from PCD (Planned Commercial Development) to PCD on approximately 1.8
acres of a larger 16.75 acre commercial center generally located at 5200 Stockdale
Highway. (ZC #07-2195 - Milestone Management) (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the ordinance was given May 21, 2008.
The proposal would accommodate the development of a 12,900 sq. ft. pharmacy on a previously-
developed 1.8-acre pad site at 5200 Stockdale Highway. This site was previously developed as the
Ralph's gas station and convenience store, and is part of a larger 16.75-acre PCD (Planned
Commercial Development). Staff reviewed the preliminary development plan in context of the
commercial center as a whole, and determined that plans conform to applicable parking, architectural,
and landscaping requirements, and also meets the city's new development standards for large retail
centers.
No additional changes to the commercial center are proposed as part of this application; and properties
in the vicinity of the project site are generally developed with similar commercial uses.
The Planning Commission conducted a public hearing on the proposed PCD zone change and
recommended approval to the City Council on May 1, 2008. No one spoke in opposition to the project
at the Planning Commission hearing.
Staff determined that the project is an in-fill development; and thus exempt from CEQA under Section
15332. A Notice of Exemption was prepared on April 2 2008 in accordance with CEQA.
RB: - S:\ZoneChange\yr 2008\07-2195\Admin Report 07-2195.doc
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° ADMINISTRATIVE REPORT
1 0
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 23, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving the amendment of Title 17 of the Munici I C de
and amending Zoning Map No. 123-06 from C-2 to C-2/PCD (Regi nal
Commercial/Planned Commercial Development) on approximately 47 acres located
west of Calloway Drive, between Stockdale Highway and the Kern River. (Zone
Change 07-2098 - McIntosh & Associates) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 21, 2008.
The 47-acre project site is currently designated for commercial use that was approved by the City
Council in 2001 with numerous conditions and environmental mitigation measures. Those conditions
and mitigation measures (as amended) have been incorporated into this zone change action. The
property currently has four restaurants built and in operation and an office building is under
construction.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on April 3, 2008, and recommended approval to the City Council of the applicant's two condition
changes to increase the size of an individual tenant from 100,000 to 140,000 square feet and to allow
an additional traffic signal along Stockdale Highway. The City Council agreed with the Commission's
recommendation to increase the tenant size but reversed the Commission's action regarding the
signal at their May 21St meeting. They also required inclusion of a PCD overlay zone on the entire
site. Although the Commission did not consider the addition of a PCD overlay zone, the Municipal
Code allows the City Council at the public hearing to approve a more restrictive zone and add
conditions to further define and enhance a project. A preliminary development plan was approved by
the City Council at the May 21, 2008 hearing for the project.
The Project has generated considerable controversy and the record includes correspondence both
objecting and supporting the project. However, with additional conditions and the cooperative effort
by the developer to assure the project maintains compatibility with park functions and maintains the
image initially portrayed to the City Council in 2001, staff recommends that the City Council approve
the project as amended.
An Environmental Impact Report (EIR) was prepared for this project in accordance with CEQA and
City Guidelines. The Riverwalk Commercial Center EIR (GPA/ZC 00-0291), certified on August 22,
2001, documents that this Zone Change is a later project that will not have any new or substantial
ADMINISTRATIVE REPORT Page 2
changes in circumstances that increase the severity of previously identified significant effects and no
new environmental impacts have been identified, therefore, pursuant to CEQA Guidelines Section
15162 the EIR certified for this project is adequate.
CG-S:\GPA 1st 2008\07-2098\Staff Reports\Admin Report 2nd Reading.doc
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1
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 8, 2008 CITY ATTORNEY
CITY MANAGER //7/
SUBJECT: Adoption of an ordinance approving the Negative Declaration, amendin itle 7 of
the Municipal Code and amending Zoning Map No. 123-28 from A (Agriculture Zone)
to R-2 (Limited Multiple Family Dwelling Zone) on 39.94 acres and to M-1 (Light
Manufacturing Zone) on 19.99 acres, generally located northwest of Ashe Road and
McCutchen Road. (ZC 07-1135 - Dave Dmohowski) (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 7, 2008.
The subject property consists of two separate parcels located at the northwest corner of Ashe Road
and McCutchen Road. The proposal would allow for the development of 450 total single and multiple
family units on approximately 40 acres, and 325,000 square feet of industrial on approximately 20
acres.
The Planning Commission conducted a public hearing on this GPA/Zone Change on March 20, 2008,
and recommended approval to the City Council.
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 February
25, 2008 in accordance with CEQA.
RB-SAGPA 1 st 2008\07-11 MAdm SR\Admin Report 07-1135 2nd Reading.doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 4A
, k
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 12, 2008 CITY ATTORNEY - Ai~l
CITY MANAGER r17T
SUBJECT: Adoption of an Ordinance approving a Notice of Exemption and amen ing S ction
17.06.010 (Zone Map No. 103-19) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-3 (Multiple Family Dwelling) to C-O (Professional and
Administrative Office) on 0.92 acres at the northeast corner of San Dimas Street and
33rd Street. (GPA/ZC 08-0151 - City of Bakersfield) (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on May 7, 2008.
The proposed zone change/general plan amendment would allow for the development of an office
parking lot. The parking lot is to support the adjacent medical offices of Bakersfield Memorial Hospital
(BMH). The city is a co-applicant as this project will also allow for a correction to general plan maps to
be consistent with the existing zone designation.
BMH owns the easterly 0.93 acres currently zoned C-O (Professional and Administrative Office) but
designated HR (High Density Residential) on the general plan. The proposal brings zoning and land
use into consistency on the eastern portion of the property. There are a few single family residential
units on the western 0.92 acres of the project, which will become legal nonconforming uses with this
action. None of these property owners have expressed any concern with this proposal. One
abandoned home on the 0.92 portion where a parking lot is proposed is in disrepair and used illegally
by transients. BMH is actively trying to acquire some of this area.
BMH has slowly been expanding the medically related uses around the existing hospital. The hospital is
a very large employer (1,400 employees) providing a necessary service in a rapidly growing
metropolitan area. This expansion has the added attraction as serving as a redevelopment tool in a
very old part of Bakersfield.
The Planning Commission conducted a public hearing on the proposed general plan amendment and
the concurrent zone change to C-O (Professional and Administrative Office) on approximately 0.92
acres and recommended approval of the project to the City Council on March 20, 2008. No individuals
or agencies present at the hearing opposed the request.
ADMINISTRATIVE REPORT Paget
Staff determined that the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)
(3) General Rule does not apply to the proposed project. The project does not have the potential to
cause significant adverse effects to the environment, since the primary project contemplated by the
applicant is a parking lot. Parking is required for every type of commercial development and the most
common type of parking facility is the at grade parking lot, a far less expensive proposal than a parking
structure. There is considerable experience with parking lots in the City of Bakersfield. There have
never been issues associated with the development and use of at grade parking lots locally, which have
resulted in significant environmental impacts. City ordinances address lights, landscaping, access,
parking space dimensions, drive isle widths, and back up areas, signage and improvement standards,
which effectively deal with this exceedingly common commercial facility. These ordinance requirements
are the results of decades of actual operation of parking facilities. Therefore, a Notice of Exemption
was prepared, in accordance with CEQA.
"BM"SAGPA 1st 2008\08-0151\Admin SR\Admin Report 08-0151 2nd Reading.doc
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: June 11, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving the amendment of Title 17 of4/14ersfield
Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to M-2
(General Manufacturing) on 19.55 acres generally located at the southwest corner of
Gosford Road and McCutchen Road. (ZC 07-1930 - Brent Dezember, representing
Structure Cast). (Ward 5/6 Upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on May 7, 2008.
The proposal would acknowledge the existing concrete batch plant on the 19.55 acres project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on March 20, 2008 and April 3, 2008. 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 February 15, 2008,
in accordance with CEQA.
JS:pjt
SAGPA 1st 2008\07-1930\Staff Reports\Admin Report 2nd Reading.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGEND/ SECTION: Consent Calendar
ITEM: t~
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: May 8, 2008 CITY ATTORNEY V
CITY MANAGER 7/1
SUBJECT: Adoption of an ordinance approving the Negative Declaration, amendi Title 17 of
the Municipal Code and amending Zoning Map No. 104-16 from R-1 (One amily
Dwelling Residential) to R-2/PUD (Limited Multi-family Dwelling Residential/ Planned
Unit Development) on approximately 18 acres, generally located northeast of Highway
178 and Masterson Street. (ZC 07-2342 - Spring Hill Development) (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 7, 2008.
The subject property is an 18-acre parcel located at the northeast corner of Highway 178 and
Masterson Street. The proposal would allow for the development of a senior living development
consisting of independent living, assisted living, skilled care, and Alzheimer's care facilities.
The Planning Commission conducted a public hearing on this GPA/Zone Change on March 20, 2008,
and recommended approval to the City Council.
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 February
13, 2008 in accordance with CEQA.
RB-S:\GPA 1 st 2008\07-2342\Staff Reports\Admin Report 07-2342 2nd Reading.doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD-A'~ _
DATE: May 19, 2008 CITY ATTORNEY &e"-7
CITY MANAGER
SUBJECT: Adding Delinquent Sewer Charges to County Tax Bill:
1. Resolution providing for the collection of delinquent sewer charges by the
Kern County Tax Collector.
2. Resolution authorizing the Kern County Tax Collector to establish two special
accounts to track collection of Plant # 2 and Plant # 3 delinquent sewer charges.
RECOMMENDATION: Staff recommends adoption of Resolutions.
BACKGROUND: Each year the City Council transfers the function of collecting the charges for sewer
service to the Kern County Tax Collector by resolution. Currently, the charges placed on the property tax
roll only cover services in existence at the time the tax roll is prepared.
Charges for sewer service that start after the tax roll is prepared have been billed on a prorated basis
through the City's accounts receivable billing system by the Finance Department. When an account is 90
days past due, a demand letter is issued to the property owner who established the account. If the
demand letter is returned without a forwarding address or if the property is under foreclosure, the amount
billed has historically been written off as uncollectible.
By transferring the collection to the Kern County Tax Collector, the City would be able to collect those
delinquent sewer charges that would, otherwise, need to be written off. In addition, staff would no longer
have to monitor/investigate these delinquent accounts.
May 19, 2008, 3:49PM
GAGR0UPDAT\ADMINRPT\2008\06-11\wastewater Deliquent Accts-AdmRpt.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: L4 , p ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 20, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution voiding the negative declaration for the amendments to Chapter 17.66, HD,
Hillside Development Combining Zone, of Title Seventeen of the Bakersfield Municipal
Code
RECOMMENDATION:
Staff recommends adoption of this resolution.
BACKGROUND:
On November 15, 2006, the Council passed an ordinance which adopted a negative declaration and
amended Chapter 17.66, HD, Hillside Development Combining Zone ("Hillside Ordinance"). On
December 14, 2006, DKS Investments, LLC, Canyons, LLC, General Holding, Inc., Joseph A. Tarabino
and John M. Tarabino filed a petition for writ of mandate against the City. That petition alleged that the
negative declaration adopted for the Hillside Ordinance was inadequate and that an environmental impact
report ("EIR") was required to comply with the California Environmental Quality Act ("CEQA").
On March 21, 2008, the Kern County Superior Court ordered the City to set aside the negative declaration
and prepare an EIR for the Hillside Ordinance. The court further ordered that the Hillside Ordinance will
remain in effect while the City prepares the EIR.
This resolution complies with the court order by voiding the negative declaration. In further compliance
with the court's order, an EIR will be prepared.
RMS:Isc
May 20, 2008, 10:57AM
S:\000NCIL\Admins\07-08 Admins\HillsideOrd.VoidNegNec.doc
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ADMINISTRATIVE REPORT
q~w„Y,Lra
I
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 4.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD i?-,Y to
DATE: May 22, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions adding the following territories to the Consolidated Maintenanc Distri t and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Wards 3, 6)
1. Area 2-38 (Akers, Alum NE) or PMW @ 3810 Akers Road
2. Area 4-84 (Canyons #1) or PM 11189
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On May 21, 2008 the Council adopted Resolution of Intention No's. 1601 and 1602 to
add the above territories 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 areas 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 letters from the owners of the properties described above which
waive 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 owners also
have submitted Proposition 218 ballots 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,
covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
mr
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ADMINISTRATIVE REPORT
t
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 28, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that Bioxide, a proprietary chemical for sewer dor ntrol 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 $700,000.00. (Wards 3, 4, 5
& 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Some areas of Southwest, Northwest and Northeast Bakersfield experience continuing
odor problems from the Sewer Trunk Line thus creating a nuisance to residents and businesses.
Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control District (District) policies
and can be punishable by a fine. The City has previously received a warning from the District to alleviate
the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine by
the District. Carollo Engineers conducted an odor alleviation study and, Bioxide, a proprietary and
therefore sole source product of U.S. Filters was found to be the only effective agent for controlling odors
in the Sewer Trunk Lines.
Due to the proprietary nature of Bioxide, and the need to continually inject Bioxide to control odors in the
Sewer Trunk Lines, staff is recommending adoption of the Resolution to dispense with bidding for Bioxide
and authorizing the purchase of Bioxide on a continuing basis in amounts to meet the City's requirements,
not to exceed the budgeted amount of $700,000.00. If at any time it is determined that other products or
more effective products are available, staff will re-evaluate the sole source designation of Bioxide and will
seek competitive pricing to insure the best interests of the City are met.
Purchasing Division
S:\PURCHWDMIN\Bioxide Sole Source Resolution, June 11, 2008.doc
May 28, 2008, 2:39PM
ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: q, IL,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ~S
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of Bomb Response Vehicle:
1. Resolution authorizing the Finance Director to dispense with normal bidding
procedures and authorize the purchase of a bomb response vehicle from Braun
Northwest Inc. in an amount not to exceed $285,000.
2. Appropriate $141,355 seized asset revenues to the capital improvement budget
within the Supplemental Law Enforcement Fund for the purchase of a bomb
response vehicle.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the appropriation.
BACKGROUND: The equipment transport vehicle currently used by the Police Department's Bomb
Squad is a 30 year old armored car that was donated to the department nearly 20 years ago. It is
mechanically unreliable and is incapable of carrying the heavy equipment used by the department's Bomb
Squad. The space in the current vehicle is inadequate. The electronic robot used by the bomb squad
weighs over 700 pounds and the Bomb Squad members have to physically lift it into the back of one of
their vehicles to transport it to scenes.
Calls to the department regarding suspicious devices have significantly increased since 9/11. Since 2005
the Bomb Squad has averaged almost 100 call outs per year. With the increase in calls has come the
necessity for additional render safe and safety equipment. These items have added weight and space to
an already overtaxed vehicle.
The Police department has thoroughly researched vendors that specialize in bomb transportation vehicles
and has determined that Braun Northwest, Inc. makes the most reasonable product that meets the City's
needs. The price for an outfitted vehicle is between $245,000 and $285,000, plus tax, depending on
optional equipment selected. The current balance of unspent 2006-2008 SLESF funds is $143,645. The
department proposes to utilize the remaining SLESF funds (must be encumbered by 6/30/08) with the
balance coming from asset forfeiture funds to purchase a new bomb transportation vehicle that will meet
the needs of the department for many years.
Purchasing Division
SANELSOMBomb truck admin june 2008.doc
ADMINISTRATIVE REPORT
The County of Los Angeles issued a formal invitation to bid nationwide for bomb response vehicles in
2006 and only one bid was received in response to the solicitation. The bid was awarded to Braun
Northwest Inc., Chehalis, WA. The bid has provisions for other governmental agencies to piggyback on
the bid and the supplier has agreed to extend the base bid price for truck to the City of Bakersfield with a
$2,500 adjustment for a newer model truck chassis.
Piggybacking on to the County of Los Angeles bid will allow the City to obtain equipment meeting the
City's requirements and save staff time and efforts required if this item were to be bid by the City.
Additionally, due the time sensitive nature of the State funding source, expediting the purchase approval
will allow the City to leverage State Grant funds for the acquisition of this equipment.
Purchasing Division
SANELSOMBomb truck admin june 2008.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD Wt
DATE: May 29, 2008 CITY ATTORNEYS
CITY MANAGER
SUBJECT: Agreement with BH Investments, Inc. to purchase real property located on the eas side of
Mohawk Street south of Rosedale Highway and north of the BNSF railroad for $231,000 for
the Westside Parkway. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway. The property currently
being acquired is owned by BH Investments, Inc., a California corporation who operates a pipe yard that
provides materials to the oil and gas industry. BH Investments, Inc. operations will be impacted by the
project and the agreement sets forth the mitigation measures that were mutually agreed to reduce the
impact to their operations. Also, BH Investments, Inc. is granting the City a temporary construction
easement to allow for the construction of the Mohawk Street improvements. The purchase price of
$231,000 is a product of negotiations based on appraisals prepared by Randy K. Merriman, MAI and
Michael Launer, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
May 29, 2008, 12:05PM
P:\MyFiles\Admin Reports\BH Investments purchase.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with A & A Land Company, LLC to purchase real property locat on a east side
of Mohawk Street south of Rosedale Highway and north of the BNSF railroad for the Westside
Parkway. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway. The property currently
being acquired is owned by A & A Land Company, LLC (A&A) who operates a pipe yard that reconditions
pipelines and drill stems for the oil and gas industry. A&A's operations will be impacted by the project and
the agreement sets forth the mitigation measures that were mutually agreed to reduce the impact to their
operations. Also, A&A is granting the City a temporary construction easement to allow for the construction
of the Mohawk Street improvements. The purchase price is a product of negotiations based on appraisals
prepared by Randy K. Merriman, MAI and Michael C. Burger, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
June 5, 2008, 3:17PM
P:\MyFiles\Admin Reports\A&A purchase.doc
DMA/s
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: q. LL,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Settlement Agreement with Tricor Energy, LLC, a California limited liability c rp ration for
the reimbursement of costs to relocate facilities being impacted by the Westside Parkway
Project within the Fruitvale Oil Field, Red Ribbon Ranch Lease located on both sides of
Mohawk Street south of Rosedale Highway and north of the Kern River for $4,093,400.00.
(Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City has commenced the planning, engineering, acquisition and construction of certain public
transportation projects including the Westside Parkway and Mohawk Extension providing for an
interchange, realignment, extension, widening and associated road improvements of Mohawk Street from
the intersection Truxtun Avenue Extension to the intersection of Rosedale Highway.
The Project as planned, located and designed by City requires that Tricor remove, relocate and
reconstruct certain oil wells, pumps, power lines, pipelines, waterlines and other appurtenant and
interconnected equipment and associated facilities necessary to Tricor's current and ongoing business of
owning, operating and managing certain mineral interests granted pursuant to oil and gas leases existing
in the Project area.
This Agreement states the terms and conditions agreed to by the Parties for the removal, relocation and
reconstruction of Tricor's facilities made necessary by the City's Project.
June 5, 2008, 3:20PM
P:\MyFiles\Admin Reports\SJFM purchase.doc
DMA/s
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ADMINISTRATIVE REPORT
0
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: y
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE May 27, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Wilson & Associates (not to exceed $114,200.00) to provide Continuing
Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City currently has 20 active Assessment Districts, with a total bonded
indebtedness of $82,065,000.00,which all require Continuing Disclosure Certificates. The City
has covenanted in its respective Continuing Disclosure Certificate for the benefit of the
Bondholders to provide an annual report containing certain financial information and operating
data relating to each Assessment District and the property within the Assessment District. This
covenant has been made in order to assist the Underwriter in complying with Securities and
Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of
reporting requirements.
This agreement will allow us the use of a professional consultant to process these Continuing
Disclosure Reports and meet the deadlines imposed by the Securities and Exchange
Commission. The cost of these services will be charged to the related Special Assessment
District.
S:\CONN IECORE"DM IN-W ILSON-CONTDISCAG WEDOC
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 14, W.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover DEPARTMENT HEAD d L
Recreation & Parks Department
DATE: May 30, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Bakersfield Brigade SMUF, a limited liability corp fnt~o provide
management services to Saunders Park multi-use recreational facility, with 20% of fees
collected to be paid to the City of Bakersfield. (Ward 1).
RECOMMENDATION:
Staff recommends approval of the agreement
BACKGROUND:
This agreement provides that Bakersfield Brigade SMUF, a limited liability corporation, will manage the
new multi-use recreational facility at Saunders Park ("Facility"). The agreement provides that the City of
Bakersfield will be compensated 20% of fees collected by Bakersfield Brigade SMUF for use of the
Facility. The term of the agreement is for a period of 3 years, with a mutual 2 year renewal option.
The City of Bakersfield accepted a donation of two roller hockey rinks in late 2005. After contacting Sport
Court, the flooring manufacturer, it was determined that a variety of sports - roller hockey, basketball,
volleyball, soccer and football - can be played on the floor surface. Thus, it became known as Saunders
Multi-Use Facility (SMUF).
Several public meetings and an in-line hockey event were held at Saunders Park to receive neighborhood
input regarding the feasibility of installing one of the two multi-use facilities in the park. Once Saunders
Park was determined to be the best location for the facility, plans were developed to protect the rink from
weather, yet not have the expense of heating and cooling an indoor area. A roof was designed and
installed over the Facility, which includes lights, fans and netting.
The City of Bakersfield sent out an RFP requesting management services of the Facility. Three proposals
were received and reviewed by a committee. The Bakersfield Brigade was the organization that met the
requirements to manage the Facility.
Proceeds received by the City of Bakersfield, as proposed in the agreement, will be used toward future
improvements of the Facility.
June 3, 2008, 2:23PM
SAPLANNING & DEVELOPMEN RPark Tech Files\Saunders Multi Use Facility\Brigade Admin.doc
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.~a~1pA'1\FV ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 11. X
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD / 7~0 C
DATE: May 22, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reimbursement Agreement in an amount not to exceed $50,000 betwee I he ity of
Bakersfield and SMG for the reimbursement of costs associated with renting the Rabobank
Arena for the Christian Congregation of Jehovah's Witnesses conventions
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
On August 29, 2007 the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered
into Agreement No.07-314 regarding the management of the CVB and the marketing of Bakersfield as a
destination center for conventions, sporting and other events including individual/group travel and tourism.
Over the past several years, the CVB has provided incentives to various non-profit organizations to hold
their events in Bakersfield to ultimately generate more sales tax and Transient Occupancy Tax (TOT) and
to market the benefits and advantages of the City as a destination center for holding conventions. Over
the past 12 years, the CVB has contributed to the cost of renting the Rabobank Arena and Convention
Center on behalf of the Christian Congregation of Jehovah's Witnesses (JWC). The JWC puts on five
weekend events during the summer and the CVB has contributed $10,000 rental reimbursement to each
of the five events.
The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to continue
the contribution of the costs associated with the rental of the Rabobank Arena. Upon receipt of an invoice,
the City, on behalf of the JWC, shall pay SMG $10,000 for rental reimbursement for each of five non-
consecutive weekend events beginning June 13 and ending August 9.
SAAdmins\City Council\City Council Admins 2008\JW Admin Report.doc
5/30/2008 10:57 AM
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 14,
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 2, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Consultant Agreements:
1. Agreement with Harris & Associates (Bakersfield) (not to exceed $300,000) for providing
on-call engineering and surveying services for non-federally funded Capital Improvement
Projects during the remaining portion of Fiscal Year 2007-08 and all of Fiscal Years 2008-
09 and 2009-10. (All Wards);
2. Agreement with Meyer Civil Engineering, Inc. (Bakersfield) (not to exceed $300,000) for
providing on-call engineering and surveying services for non-federally funded Capital
Improvement Projects during the remaining portion of Fiscal Year 2007-08 and all of Fiscal
Years 2008-09 and 2009-10. (All Wards); and
3. Agreement with Ruettgers & Schuler Civil Engineers (Bakersfield) (not to exceed
$300,000) for providing on-call engineering and surveying services for non-federally funded
Capital Improvement Projects during the remaining portion of Fiscal Year 2007-08 and all of
Fiscal Years 2008-09 and 2009-10. (All Wards);
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an
on-call engineering and surveying services contracts with selected engineering firms in 1996. This on call
program provides staff surveying and civil engineering design services as needed for various City CIP
projects. The program has proven to be effective for providing timely design and surveying services to the
City to maintain CIP project delivery. These agreements will allow the on call program to continue for the
remainder of Fiscal Year 2007-08 through Fiscal Year 2009-10.
On October 8, 2007, staff sent out a notice about this program to 165 local and -out of town engineering
firms. A total of 77 firms responded to that notice by obtaining a copy of the City's Request for
Qualifications. On November 2, 2007, the following thirty firms submitted a Statement of Qualifications,
along with their Hourly Billing Rate Schedule.
Afinar (Bakersfield) McIntosh & Associates (Bakersfield)
Boyle Engineering Corporation (Bakersfield) Meyer Civil Engineering, Inc. (Bakersfield)
Cannon Associates (Bakersfield) MNS Engineers, Inc. (Bakersfield)
Cornerstone Engineering, Inc. (Bakersfield) MVE, Inc. a Corporation dba Mid-Valley
DMJM Harris (Los Angeles) Engineering (Modesto)
Gateway Engineering, Inc. (Fresno) Parsons Transportation Group, Inc. (Bakersfield)
Harris & Associates (Bakersfield) Pinnacle Civil Engineering, Inc. (Bakersfield)
HMK Engineering, Inc. (Calabasas) Porter & Associates, Inc. (Bakersfield)
Huitt-Zollars, Inc. (Westlake Village) Provost and Pritchard Engineering Group, Inc.
KOA Corporation (Monterey Park) (Bakersfield)
Mark Thomas & Company, Inc. (Fresno) Psomas (Los Angeles)
ADMINISTRATIVE REPORT
Quad Knopf, Inc. (Bakersfield) T. Y. Lin International (San Ramon)
RBF Consulting (Camarillo) TPG Consulting, Inc. (Visalia)
Rick Engineering Company (Bakersfield) W.G. Zimmerman Engineering, Inc. (Seal Beach)
Ruettgers & Schuler Civil Engineering (Bakersfield) Willdan (Bakersfield)
Stantec Consulting Inc. (Bakersfield)
Summit Engineering (Bakersfield)
In late November 2007, a selection committee of City staff reviewed the submitted Statement of
Qualifications and recommended award of contracts to ten firms. Then in early December 2007,
announcements were made about the pending shortage of funds from the State. Staff determined that it
was best for the City to postpone award of these on call agreements until more reliable forecasts were
available regarding the budget for FY2008-09. City staff now has that information and recommends award
of consultant agreements to the following three firms:
Harris & Associates (Bakersfield);
Meyer Civil Engineering, Inc. (Bakersfield); and
Ruettgers & Schuler Civil Engineers (Bakersfield).
Since specific scopes of work have not yet been determined, the compensation amount for each firm is set
at a not-to-exceed aggregate total of $300,000 for a two-and-one-half year period. Project assignments
will be based on the firm's experience and expertise and on a rotational basis.
Funding for these agreements will be paid for through the actual budgeted project. No additional
appropriations are anticipated at this time.
To reduce paper usage, the backup documents attached to this administrative report are limited to a copy
of each of the three contracts (ten pages each), and one copy of the City's Request for Qualification which
is included as Exhibit A in each of the ten original contracts. Each original contract also includes the
consultant's submitted billing schedule as Exhibit B. Those Exhibit B's are available in the City Clerk's
Office for review.
ARAB
GAGR0UPDAIIADMINRPT2008\06-11\OnCallCivil.doc
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ADMINISTRATIVE REPORT
Tit
ql1 0
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: , 2 .
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: May 20, 2008 CITY ATTORNEY c~
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement No. 92-250 with California Water Service omp ny to allow
service pipe replacement as capital expense, establish a deductible to repair costs and adjust
percentage for engineering and inspection fees. (Ward Nos. 2, 3, 4, 5 & 6)
RECOMMENDATION: Water Board and staff recommend approval of amendment to the agreement.
BACKGROUND: Agreement No. 92-250 is the operations and maintenance service contract with
California Water Service Company (Cal Water). Under the existing agreement, for work deemed as
Extraordinary Maintenance, which typically is emergency repairs or non-scheduled maintenance, Cal
Water would perform the needed work. If the work cost was under $2,000 Cal Water absorbed the entire
cost, if the cost was $2,000 or higher the City paid the full cost. This amendment establishes a deductible
of $2,000 in which the City will be responsible for costs that exceed $2,000.
The normal procedure for service pipe repair under the agreement is that Cal Water is to repair leaks, as
they occur, in the most expedient and cost effective way. With the aging of the City's water system, the
older service pipes may experience several instances of leaks in a short period of time. Many times this
leads to several street pavement patches at one location, service interruptions to customers and has
resulted in high cost repairs due to damages to sidewalks, customer landscaping and adjoining buried
utilities. This amendment spells out the procedure to replace service pipes if more than one leak occurs in
a one year period. The amendment clarifies that the City will pay the cost of replacement as a capital
expense item.
This amendment allows for the change of percentage in fees paid to Cal Water for engineering and
inspection services. The present fee schedule is 4% of the actual cost of a project for engineering and 4%
for field inspection and record drawings preparation. The amendment adjusts the fee to 5% for each
service.
The City of Bakersfield Water Board reviewed and voted to recommend City Council approval of this
amendment to the agreement at its May14, 2008 meeting.
May 20, 2008
SA2008ADMIN REPO RTS\Amend No.1to92-250CaIWater
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: LA, pcL,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 19-
DATE: May 19, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-417 (formerly Agreement N CAO -002 and
CA07-002(1)) with outside counsel, Michael M. Hogan of the law firm Hogan uiney Dick
LLP, to provide legal services in the matters of DKS Investments, LLC; and Canyons, LLC
v. City of Bakersfield, in an amount not to exceed $115,000. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On December 12, 2007 the City and Michael M. Hogan of the law firm of Hogan Guiney Dick LLP entered
into Agreement No. 07-417 (not to exceed $80,000) whereby Mr. Hogan agreed to handle litigation in the
matters of DKS Investments, LLC, et al v. City of Bakersfield (CEQA case on the Amended Hillside
Ordinance), and Canyons, LLC v. The City of Bakersfield (alleging that their Tentative Tract Map
Application was filed prior to the Amended Hillside Ordinance and therefore exempt from the Hillside
Ordinance). The writ was granted in the DKS matter and the Court ordered the City to prepare an EIR; the
Canyons matter was dismissed and is now on appeal to the Court of Appeal, Fifth Appellate District.
There will be additional legal work to have these matters completed which requires that Agreement No.
07-417 be amended to add an additional $35,000.
vC SUNCIL\Admins\07-08 Admins\AttyAgr07-417Amd1.Hogan-DKS.dot
May 19, 2008, 4:08PM
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD 10
DATE: May 23, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-198 with Zim Industries, Inc. dba Ba ersfield Well
and Pump Company extending the term to June 19, 2009 for the annual contract for
maintenance and repair of the Olcese wells. (Ward 4)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 20, 2007, Council awarded the Annual Contract for maintenance and repair of
the Olcese Wells in the amount of $100,000. The Agreement allows for four (4) consecutive one-year
extensions of agreement, if all parties agree. City staff and Zim Industries, Inc. dba Bakersfield Well and
Pump Company agree to the extension of Agreement under the same terms and conditions. Extending
the Agreement allows the City to continue working with a good provider and saves staff time and efforts
required if this item were to be re-bid.
Purchasing Division
S:\PURCHWDMIN\Amendments\Amendment #1 to Agreement 07-198, Zim Industries, AC for Maint-Repair Olcese Wells, June 11, 2008.doc
June 2, 2008, 2:38PM
ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: y odd,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD Ll
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. $20,000;
revised not to exceed amount of $199,390) for additional engineering and c struction
administration services for the Mill Creek - Phase 1 (Central Park).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City requested that Meyer Civil Engineering (Design Consultant) complete
additional work for the Mill Creek Linear Park Project - Phase 1 project. Currently, the project is under
construction. The work request required additional Engineering and Construction Administration Services
for electrical design and construction. The additional amount is due to changes to scope for the electrical
design, as well as the unique "design-build" effort that is required through the construction process. The
amendment will increase the Design Consultant fee by an additional $20,000; therefore, the total not to
exceed contract amount is $199,390.
(tma)
(Ml 17)
May 29, 2008,1:18PM
G:\GR0UPDAT\ADMINRPT\2008\06-1Mill Creek Agreement No. 07-192 - Add No. 4.doc
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ADMINISTRATIVE REPORT
MEETING DATE June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:,-A,C6,
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: May 16, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Contract No. 07-403 with Parsam Construction, Inc. 3,871.78,
revised not to exceed $667,871.78), for the project known as Olcese 1 & 2 Block Pump Houses, at the River Canal at
Nord Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The CBK Olcese 1 & 2 well sites are being upgraded to include block pumphouses, new meter
panels and a back - up generator facility critical for the operation of the interface facility supplying southwest
Bakersfield water demands. In the interest of avoiding utility delays for completion of the well projects in a timely
manner, these items, which are outside of the normal scope of work, are being added to the contract in a cooperative
effort with PG&E's requirements.
Original contract amount of: $654,000.00
Change Order #1 amount of: $13,871.78
Total to Date: $667,871.78
SA2008 ADMIN REPORTS~Admin0001 Parsam 07-403 06-11-2008.doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: L{
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 'gRV,,,
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER- 771
SUBJECT: Contract Change Order No. 1 to Agreement No. 07-302 with Kiewit Pacific C rporation
($169,165.00 for a revised not to exceed amount of $211,190,165.00) for the Wastewater
Treatment Plant #3 - 2007 Expansion (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for a major expansion and upgrade to the Wastewater Treatment
Plant #3 treatment processes located at 8101 Ashe Road.
ITEM 1: During construction, it was discovered by the general contractor Kiewit Pacific that the contract
documents call for a bare unlined ductile iron pipe for digested sludge. The pipe supplier and the
contractor questioned whether an unlined pipe is appropriate for this corrosive environment. The design
engineer confirmed that the ductile iron pipe should have an epoxy lining to protect and extend the service
life of this pipe. The cost for this change is the cost of the epoxy coated pipe minus credit for the uncoated
pipe. The contractor has agreed to do this work for the lump sum price of $169,165.00.
ITEM 2: Part of the contractor's scope of work is to install a new sewer pipeline just to the north of the
treatment plant along McCutchen Road. The initial approved schedule milestone called for this sewer
pipeline work to be completed by January 1, 2008. This completion date was coordinated with a
developer so the developer can make road improvements to McCutchen Road. Since the slowdown in
development, this early completion date has been eliminated. This revision is beneficial to the contractor
in that it allows him to concentrate labor on other construction items. The contractor will complete this
scope of work within the overall project schedule. McCutchen Road is not a through road therefore there
is no impact to traffic.
This is the first change order to be submitted for this project. This change order will increase the project
total by $169,165.00. This change order reflects a net increase of $169,165.00 (which is an increase of
0.08% of the original contract amount) as illustrated below:
• Original Contract Amount = $211,021,000.00
• Amended Contract Agreement after Change Order = $211,190,165.00
Net Increase to date = $169,165.00
G:\GROUPDAT\ADMINRPT\2008\06-11\CCO 1 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: y
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 28, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $297,628.74 r one additional
three axle side-loading automated refuse truck for the Public Works Department Solid
Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to seventy-six (76) suppliers for providing one (1) additional
three axle side-loading automated refuse truck be used by the Public Works Department.
One (1) acceptable bid was received in response to solicitation as follows.
BIDDER AMOUNT
Bakersfield Truck Center $297,628.74
Bakersfield, California
Due to the long lead time in acquiring a vehicle of this type (9 to 10 months) staff believes it is important to
order this truck now to maintain adequate service levels over the next two years. This vehicle was
originally budgeted in.the 2006-07 fiscal year but the purchase was deferred for one year as a result of the
development slowdown. While new development has slowed down, it has not stopped completely, and
staff is requesting to purchase the one additional truck at this time to adequately serve the needs of our
community. Staff recommends award of the bid to Bakersfield Truck Center, Bakersfield, California.
Purchasing Division
Kb
S:\PURCH\ADMIN\Three Axle Side Loading Refuse Truck, 07-08-82, June 11, 2008.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Valmont Industries, Incorporated in the amount of $127,584.60 for traffic
signal poles. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for traffic signal poles.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for traffic signal poles for
various traffic signal intersections. Two (2) acceptable bids were received in response to the solicitation
as follows:
BIDDER AMOUNT
Valmont Industries, Inc $127,584.60
Valley, NE
JAM Services, Inc $134,695.28
Livermore, CA
Staff finds the low bid to be acceptable and recommends award of the bid to Valmont Industries,
Incorporated in the amount of $127,584.60.
Purchasing Division
SAPURCH\ADMIN\Traffic Signal Poles, 07-08-95, June 11, 2008.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: . ;
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 29, 2008 CITY ATTORNEY
w~ /
CITY MANAGER- V1
SUBJECT: Accept bid and award contract to Gilliam and Sons, Incorporated not /to exceed
$2,500,000) for the Annual Contract for Earthmoving and Hauling. (Citywide) '
RECOMMENDATION: Staff recommends acceptance of the bid, award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to bid were sent to over two hundred (200) contractors for the Annual
Contract for Earthmoving and Hauling for the Public Works Department Streets Division and Water
Resources Department. The bid required suppliers to provide hourly pricing for various pieces of
equipment provided with operator and without operator. Four (4) complete bids were received in response
to solicitation. The bids submitted are based on an estimated quantity of hours projected by various City
departments multiplied by the contractor's unit price for each service element. The proposed award
amount of $2.5 million includes a provision for earthmoving work associated with the proposed sports
village park; which is in the 2008-09 proposed budget but was not incorporated into the hours of the bid
packet estimates. The bid pricing schedule is renewable annually for four (4) consecutive one-year periods
at the City's option and upon mutually agreeable terms.
BIDDER AMOUNT
Gilliam and Sons, Incorporated $671,756.00
Bakersfield, CA
T D Whitton Construction, Inc $923,200.00
Bakersfield, CA
M P Environmental Services, Inc $966,516.00
Bakersfield, CA
Sturgeon and Son, Incorporated $990,920.00
Bakersfield, CA
Staff finds the low bid to be acceptable and recommends award to Gilliam and Sons, Incorporated,
Bakersfield.
Purchasing Division
Kb
SAPURMADMINIAC Earthmoving & Hauling, 07-08-84, June 11, 2008.doc
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ADMINISTRATIVE REPORT
C1 W IL*
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 'A, '
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 23, 2008 CITY ATTORNEY
CITY MANAGER- 17/
SUBJECT: Accept bid and award contract to Pestmaster Services, Incorporated in the amount of
$91,723.80 for the Annual Contract for Chemical Application for the Water Resources and
Recreation and Parks Departments. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to Bid were sent to thirty five (35) suppliers for the Annual Contract for
Chemical Application. Two (2) bids were received in response to solicitation and are as follows. The
contract is renewable annually for four consecutive one-year periods at the City's option and upon
mutually agreeable terms.
BIDDER AMOUNT
Pestmaster Services, Inc. $ 91,723.80
Bishop, CA
Abate-A-Weed, Inc. $103,010.00
Adelanto, CA
Staff finds the low bid submitted by Pestmaster Services, Incorporated, Bishop, CA to be acceptable.
Purchasing Division
S:\PURCH\ADMIN\AC for Chemical Application, 07-08-83, Pestmaster Services, Inc, June 11, 2008.doc
May 23, 2008, 5:39PM
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: , kK.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_
DATE: May 29, 2008 CITY ATTORNEY- X77
CITY MANAGER
SUBJECT: Accept bid and award contract for Roof Replacement at 1715 Chester Avenue,
Development Services Building.
1. Accept bid and award contract to Best Contracting Services, Incorporated in the amount
of $159,647.00 for roof replacement at 1715 Chester Avenue, Development Services
Building. (Ward 2)
2. Transfer $70,000 from Public Works Capital Improvement Project (Roof Replacement)
to the Capital Improvement Project entitled Replace Roof at Development Services
Building within the Capital Outlay Fund.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract to Best Contracting
Services, Incorporated for roof replacement at 1715 Chester Avenue, Development Services Building.
BACKGROUND: Invitations to bid were sent to over two hundred (200) bidders for roof replacement at
1715 Chester Avenue, Development Services Building. Five (5) bids were received in response to the
solicitation as follows:
BIDDER AMOUNT
Best Contracting Services, Inc $159,647.00
Gardena, CA
Graham Prewett, Inc $164,000.00
Fresno, CA
Fresno Roofing Company, Inc $167,928.00
Fresno, CA
Garcia Roofing, Inc $171,500.00
Bakersfield, CA
Tri-Counties Roofing Co., Inc $195,160.00
Visalia, CA
Purchasing Division
S:\PURCH\ADMIN\1715 Chester Ave Roof Replacement, 07-08-78, June 11, 2008.doc
ADMINISTRATIVE REPORT
This project originally went out to bid in the fall of 2007. The low bid exceeded the $100,000 budgeted
amount and all bids were rejected at the November 7, 2007 Council meeting.
The project was re-bid in April 2008 and all bids again exceeded the budgeted amount. Staff recommends
approving the transfer of $70,000 (savings from the Convention Center roof repair) to allow the necessary
roof replacement for the 1715 Chester Avenue, Development Services Building.
Purchasing Division
S:\PURCH\ADMIN\1715 Chester Ave Roof Replacement, 07-08-78, June 11, 2008.doc
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ADMI141STRATIVE REPORT
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MEETING DATE June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: &A
TO: Honorable Mayor and City Council APPROVED
FROM: Flom Core, Water Resources Manager DEPARTMENT HEAD
DATE: May 9, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Kern Pacific Construction Company, in the amount of $228, 62.50, for
installation of metered turnouts on the Northwest Feeder Pipeline Project (Wards 3 & 4 )
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The recently installed Northwest Feeder Pipeline is to provide an additional source of high quality
treated surface water for the City's Domestic Water System. Installation of the three (3) metered turnouts will
complete the work required for connecting the City's distribution network to the Kern County Water Agency pipeline
to allow the receiving of 6,500 acre feet of treated water annually and will provide metering and regulating of the flow
based on water demand in northwest Bakersfield. One turnout is located near Standard Street and Freeway "99" and
two are near the intersection of Coffee Road and Meany Drive.
5 acceptable bids were received on May 8th, 2008 for this project, as follows:
Kern Pacific Construction Company
4001 Patton Way
Bakersfield, CA 93308 in the amount of: $228,462.50
Whitaker Contractors Inc.
2752 Concrete Court
Paso Robles CA 93446 (Out of county) in the amount of: $283,000.00
Mike Stanton Construction Inc.
3578 Corona St
.
Camarillo, CA 93010 in the amount of. $285,983.00
The ALECO Corporation
2202 Zeus Court
Bakersfield, CA 93308 in the amount of: $296,725.00
Zondiros Corporation
2401 208th St Suite C-8
Torrance, CA 90501 (Out of county) in the amount of: $316,225.00
S:\2008 ADMIN REPORTS\admin06l l2008KernPacific.doc
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ADMINISTRATIVE REPORT
~gLIFO
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: 4. m m
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: May30, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Authorize the Finance Director to forward to a collection agency, accounts receivable in
various funds totaling $147,943.77.
RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a
collection agency accounts receivable.
BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due
accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection
efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection
agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency
are eventually recovered.
Account detail is attached. The amount recommended is made up of the following account categories:
Commercial Sewer Service & Solid Waste (Refuse) $ 39,351.63
Residential Sewer Service & Solid Waste (Refuse) 2,947.62
SUB-TOTAL 42,299.25
Risk Management (Property Damage Claims) 44,769.18
Police (Alarm Violations & Misc. Activity) 21,449.28
Fire & Fire Safety (Environmental Services) 19,411.20
Other 20,014.86
TOTAL $147,943.77
The recommended write off amount is about .26% of total billing, or less than 1 The private sector uses
1-2% as an acceptable write off. Bankruptcy proceedings make up 20.09% or $29,724.06 and Judgments
make up 9.00% or $13,327.42 of the write off amount. In the bankruptcy cases, claims have been filed
with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are
prohibited by law from further collection efforts.
The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer
generated past due notice which continues every 30 days. Additionally, past due letters are sent and
phone contact is initiated at 90 days delinquent. Larger balances are given priority.
klg
May 29, 2008, 2:17PM
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MEETING DATE: June 11, 2008 AGENDA SECTION:Cctn--yttCo-- yr-c(Q,r-
ITEM: 44. nn
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley Grady, Development Services Director DEPARTMENT HEAD ~w
DATE: May 23, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Planning and Development Committee Report regarding standards for subdivision walls
along freeways, arterial and collector streets. (All Wards)
RECOMMENDATION:
The Planning and Development Committee recommends acceptance of this report, and to refer the matter
to the Planning Commission to amend the subdivision wall and landscape policy.
BACKGROUND:
At Planning and Development Committee meetings of March, April, and May 2008, the Committee
discussed various options to improve the attractiveness of subdivision walls, and ways to reduce
graffiti. The primary purpose of walls separating residential subdivisions and freeways/streets is sound
attenuation. The height of the wall is determined by a noise study prepared by a qualified consultant. In
an effort to balance aesthetics, graffiti deterrence, and sound attenuation, the Committee is
recommending the City's subdivision wall and landscaping policy be amended to 1) add a standard for
freeway walls, and 2) revise the standard for walls along arterials and collector streets.
First, adoption of a new standard is proposed to address walls separating freeways and residential
neighborhoods. Whether the wall is block or a "poured in place" wall is an engineering decision. The height
of the wall will be determined by a noise study. The cost of beautification differs between the two types of
walls because a textured pattern on a block wall is substantially less costly than on a poured wall. The
freeway side of the block wall must have a minimum 40% scored texture pattern. Climbing vines planted
on the freeway side of the wall is the goal. However, if vines are not appropriate, the wall shall be textured.
In locations such as interchanges, off-ramps and abutments, where vines can not be planted, other visual
treatments such as murals, public art, mosaics, textures or colored finishes are encouraged. A 10-foot
wide maintenance road (outside of CalTrans right-of-way) for access shall be provided on the freeway
side.
Secondly, the Committee recommends the standard for walls along arterial and collector streets be
revised to increase the amount of texture on the street side from a minimum 25% to a minimum 40%.
The Committee unanimously supported referral of this item to the Planning Commission to amend the
City's subdivision wall and landscape policy to include the standards summarized above and more
thoroughly describe in the attached Committee Report.
May 23, 2008, 8:54AM
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MEETING DATE: June 11, 2008 AGENDA SECTION: Closed Session
ITEM: . a .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD C 16-
DATE: May 23, 2008 CITY ATTORNEY ;
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9.
.(One issue).
VGAII
May 23, 2008, 2:40PM
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Closed Session
ITEM: 5
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: June 4, 2008 CITY ATTORNEY
CITY MANAGER
j,
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One issue)
GGAII
S:\COUNCIL\CI Sess\Admins\07-06\6-11-08PotLit.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Presentations
ITEM: .
TO: Honorable Mayor and City Council PP
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Ms. Margaret Gallegos; Princi al of Juliet
Thorner Elementary School, proclaiming June 11, 2008, as "Juliet Thorner Elementary
School Day".
RECOMMENDATION:
BACKGROUND:
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May 29, 2008, 1:53PM
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Presentations
ITEM: p b,
TO: Honorable Mayor and City Council kAPOVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: June 4, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Sung Lim Koo, Internatio t I R lations Team
Chief, Bucheon City, South Korea, bestowing on him the title of Honorary Citizen of
Bakersfield.
RECOMMENDATION:
BACKGROUND:
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June 4, 2008, 8:07AM
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar Hearings
ITEM: (3, q ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 21, 2008 CITY ATTORNEY
CITY MANAGER i
SUBJECT: Resolution in support of amendment of the Kern County and Incorpora ed Ci ies Integrated
Waste Management Plan.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Kern County is preparing to amend the Countywide Integrated Waste Management
Plan, for the inclusion of the H.M. Holloway Landfill in the Siting Element. Although the H.M. Holloway
Landfill is located outside the City of Bakersfield, the City has the opportunity to participate in the
amendment process as outlined in PRC Section 41721.5(c).
Because these proposed changes present no adverse impact within the City's jurisdiction, it is appropriate
to pass Resolution in support of the Countywide Siting Element amendment.
SMP
May 21, 2008, 10:04AM
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ADMINISTRATIVE REPORT
qL~
MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM: 16. gyp,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD At2
DATE: May 19, 2008 CITY ATTORNEY
CITY MANAGER 71*
SUBJECT: Public hearing to consider resolution adopting proposed sewer rate increa a (14.8%) for
Fiscal Year 2008-09 (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380
of the Bakersfield Municipal Code to recover costs reasonably incurred in providing regulation, operation,
maintenance, replacement, and capital improvements for the storm water/sewer collection systems and
wastewater treatment plants. Staff proposes a 14.8% increase in all sewer user charges. This atypical
rate increase is due to the $211 million Plant 3 Expansion/Upgrade project. This project is financed by the
issuance of bonds. The annual debt service payments on these bonds are included in the proposed
sewer user rate increase. Sewer connection fees will not be able to fully fund the anticipated annual debt
payments associated with the bond financing. It is important to note that the Plant 3 Expansion project not
only includes improvements to handle growth, the project also includes significant costs to: 1) upgrade the
Plant to meet environmental regulations mandated by the State Water Resources Control Board, 2) new
state of the art odor control to prevent odors from migrating to surrounding neighbors, and 3) extensive
landscaping surrounding the Plant. The proposed rate increase will also provide funds to establish and
replenish sewer reserve funds to adequate levels to provide certain assurances to bond holders and rating
agencies regarding the financial stability of the enterprise.
If approved, the user rate for a single family dwelling will increase from $155 to $178 per year.
See attached Exhibits A and B to the resolution for miscellaneous sewer user charges and fee details.
Sewer user fees and charges are collected with property taxes by the Kern County Tax Collector pursuant
to the Bakersfield Municipal Code.
As of .Tune 4, 2008, the City Clerk had received 2 electronic notifications protesting
the sewer rate increase.
GAGR0UPDATWDMINRPT\2008106-11\Admin Rpt Sewer User Fee.doc
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° REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council A ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 16, 2007 CITY ATTORNEY V
CITY MANAGER
SUBJECT: Public hearing to consider residential refuse rate increases for fiscal year 2008/09 (3.9%
proposed rate increase). (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: State law requires new fees and charges as well as increases in existing fees and
charges to be adopted by ordinance or resolution following a public hearing. A notice of the proposed rate
increase and the public hearing was mailed to each of the 87,602 property owners in the City. As of June
2, 2008, the City Clerk had received 6 written letters and 2 electronic notifications protesting the refuse
fee. ,
Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling
and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be
increased from $174.48 per unit to $181.32 per unit per year (an increase of 3.9%). The multi-family rate
is proposed to be increased from $157.80 per unit per year to $163.92 per unit per year. The increase
covers inflation and operating cost increases, maintenance costs, and costs for greenwaste carts and
recycling equipment to meet the state recycling mandates.
According to Proposition 218, if written protests against the proposed fee are presented by a majority of
the identified parcels, the City shall not charge the annual proposed fee. If written protests against the
proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the
proposed fee.
The proposed fees would become effective July 1, 2008.
June 2, 2008, 9:16AM
hAdmins ReporhAdmin Rpt Residential 08-09.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM: J 5. d.
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 2, 2008 CITY ATTORNEY
CITY MANAGER 77
SUBJECT: Public hearing to consider commercial refuse rate increase for fiscal year 2008/09 (3.9%
proposed rate increase). (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: State law requires a public hearing before new fees and charges and/or increases in
existing fees and charges may be adopted by ordinance or resolution. Chapter 8.32 of the Bakersfield
Municipal Code allows the creation and increase of fees and charges to recover costs for services
rendered. It is the intent of City Council to increase the refuse rates to cover the increased costs to render
services. This public hearing provides the mechanism for ensuring that fees adopted by the City for
services rendered do not exceed the reasonable estimated cost for providing the services for which the
fees are charged.
The last refuse rate adjustment was one year ago. Commercial Solid Waste rates for FY 2008-09 reflect a
3.9% increase in rates for the various services. This increase covers inflation and operating cost
increases, maintenance costs, and costs for street sweeping and commercial wood waste recycling.
The proposed fees would become effective July 1, 2008.
tm
June 2, 2008, 8:38AM
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MEETING DATE: June 11, 2008 AGENDA SECTION: Consent Calendar Hearings
ITEM: 3. e .
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: May 30, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider an increase in the quantity rate for the ity of Bakersfield
Domestic Water system. (Portions of Wards No. 2, 3, 4, 5 & 6)
1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes
Ranch service areas of City of Bakersfield Water System.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: California state law under Proposition 218 requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing
on a proposed increase in the quantity rate on the City of Bakersfield Domestic Water System was mailed
to each of the City's 37,986 customers and/or property owners that receive City water service. The mailing
occurred during March and April 2008. As of May 29, 2008, the City Clerk has received 0 letters
protesting or commenting on the fee increase.
The quantity rate is currently $0.79 per hundred cubic foot unit. The proposed rate will increase by $0.06
to $0.85 per unit on October 1, 2008. No adjustment to the readiness-to-serve charge is proposed. A
typical residential customer will see a total increase of $1.68 per month. Due to new water supply
programs, the cost of meeting water quality standards and the general inflation rate, overall expenditures
have increased 5.3%.
According to Proposition 218, if written protests against the proposed fee increase are presented by a
majority of the customers and/or property owners that are receiving water service from the City, the City
shall not charge the additional readiness-to-serve fee or the additional quantity rate. If written protests
against the proposed increased fee and charges are not presented by a majority of the customers and/or
property owners that are receiving water service from the City, the City Council may adopt the proposed
fees and charges.
SA2008ADMIN REPORTSWunel 1 rateinc.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM: 3
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 13'LA
DATE: May 20, 2008 CITY ATTORNEY
SUBJECT: Consolidated Maintenance District (CMD). CITY MANAGER-
1. Protest hearing as required by Resolution of Intention No. 1599 regarding the park
landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the CMD and
the 2008-2009 budget, confirming the park landscaping assessments and authorizing
collection of assessments by the Kern County Tax Collector. (All wards)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1599 on May 21, 2008,
preliminarily adopting, confirming and approving the Public Works Director's Report and the 2008-2009
park landscaping budget for the CMD. This Resolution also set the protest hearing date for June 11,
2008. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the
Bakersfield Municipal Code in the manner required by law.
1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of
benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be
assessed and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
2. This Resolution confirms the 2008-2009 CMD park landscaping assessments and authorizes collection
of the assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the CMD. All parcels
within the CMD are receiving benefit from public parks and/or street landscaping and are assessed
consistent with the rates set by the Proposition 218 ballot signed at the time of formation of each
maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No.
019-05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will
remain at their current level of assessment.
Resolution of Intention No. 1599 and its exhibits for the CMD including the Public Works Director's Report,
the 2008-2009 Budget, the Benefit Formula and the Assessment Roll are on file in the office of the City
Clerk.
do
May 21, 2008, 8:35AM
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MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~bgy1
DATE: May 20, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Consolidated Maintenance District (CMD).
1. Protest hearing as required by Resolution of Intention No. 1598 regarding the street
landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the CMD and
the 2008-2009 budget, confirming the street landscaping assessments and authorizing
collection of assessments by the Kern County Tax Collector. (All wards)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1598 on May 21, 2008,
preliminarily adopting, confirming and approving the Public Works Director's Report and the 2008-2009
street landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 11,
2008. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the
Bakersfield Municipal Code in the manner required by law.
1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of
benefit including tier level, the amount of the street landscaping assessment on any parcel of property to
be assessed and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
2. This Resolution confirms the 2008-2009 CMD street landscaping assessments and authorizes
collection of the assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the CMD. All parcels
within the CMD are receiving benefit from public parks and street landscaping and are assessed
consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of
each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution
No. 019-05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will
remain at their current level of assessment.
Resolution of Intention No. 1598 and its exhibits for the CMD including the Public Works Director's
Report, the 2008-2009 Budget, the Benefit Formula and the Assessment Roll are on file in the office
of the City Clerk.
do
May 21, 2008, 8:36AM
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ADMINISTRATIVE REPORT
1 0
MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ft
DATE: May 19, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Traffic Signal Maintenance Districts.
1. Protest hearing as required by Resolution of Intention No. 1600 regarding the
assessments for twelve (12) Traffic Signal Maintenance Districts.
2. Resolution approving and adopting the Public Works Director's report for twelve (12)
Traffic Signal Maintenance Districts and the 2008-2009 budgets, confirming the
assessments and authorizing collection of assessments by the Kern County Tax Collector.
(Wards 1, 3, 4, 5, 6 and 7)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1600 on May 21, 2008,
preliminarily adopting, confirming and approving the Public Works Director's Report and the 2008-2009
budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for
June 11, 2008. Traffic signal assessment rates were not increased for the 2008-2009 fiscal year. Notice
of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal
Code in the manner required by law.
1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of
the assessment on any parcel of property to be assessed and the reservation by the City of right to elect
whether to proceed to perform work by City forces or by private contractor.
2. This Resolution confirms the 2008-2009 Traffic Signal Maintenance District assessments and
authorizes collection of the assessments by the Kern County Tax Collector.
Resolution of Intention No. 1600 is on file in the City Clerk's office.
do
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"y ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2008 AGENDA SECTION: Hearings
ITEM: (y CL.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: May 8, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing for the FY 2008-09 Operating, Bakersfield Redevelopment Age cy and
Capital Improvement Program Budgets.
RECOMMENDATION:
Staff recommends Council hear public testimony.
BACKGROUND:
Each year a public hearing is required to receive public comment prior to adoption of the budget. The FY
2008-09 Budget is proposed at $595,885,848, which includes a $372,166,431 Operating Budget,
$18,979,286 Bakersfield Redevelopment Agency Budget, and a $204,740,131 Capital Improvement Budget
(including Redevelopment Agency capital improvements). Final adoption of the budget is scheduled for
June 25, 200$.
Prior to this public hearing, individual department budget presentations were made to the City Council on
May 12, 2008 and June 9, 2008. Responses to Council budget questions resulting from the budget
presentations were forwarded to each Council member.
jws
5/8/2008 12:33 PM
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ADMINISTRATIVE REPORT
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MEETING DATE: June 11, 2008 AGENDA SECTION: Deferred Business
ITEM: 16.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Proposed Quiet Zone in Burlington Northern Santa Fe (BNSF) Mojave ubdivi Ion from L
Street to Sumner Street
RECOMMENDATION:
Staff presents three alternates for Council consideration, as follows:
Alternate X
Authorize the submission of a plan in the lower range of the cost spectrum for possible
improvements, which is about $3 million. Monitor what comes back to see how costs
and mandates are finalized, and proceed accordingly from that point.
Alternate Y
Do not submit a detailed plan at this time due to cost and liability issues. Work to
support changes in the federal law that creates the noise and puts the "cure" on cities.
Seek out other community and governmental financial support to assist in financing a
quiet zone in the future.
Alternate Z
Authorize the submission of a "Risk Assessment" Plan under a special federal rule. This
includes only the closure of two streets, but carries the highest liability.
The City Attorney does not recommend either Alternate X or Alternate Z.
BACKGROUND: This is a very difficult issue for which there are no perfect solutions, and perhaps
not even any good alternatives. Due to the timing of the requests by the federal government, a decision
is needed at this Council meeting. Attachment A will explain why the time compression exists. Staff and
the Ad Hoc Committee have been actively working on this for a long time.
The federal government, presumably in response to an effective railroad lobbying effort, passed
legislation in 2005 that requires the blowing of train horns at all at-grade crossings. That legislation
allows for the creation of quiet zones, but at City cost, rather than the Railroad's.
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The noise is one of the worst sources of complaints of any issue facing the City. If we do not proceed, we
will be criticized for our inaction. In addition to individual complaints, the City has received complaints
from the Holiday inn Select, the County building and the local Courthouse. The noise negatively impacts
Downtown and East Bakersfield business and hurts redevelopment efforts. It also causes people to lose
sleep, causes personal hardship on residents, etc.
There is a short-term "no blow" zone in place on the mile and a quarter stretch between L Street and
Sumner/Miller Streets. To continue the quiet time in this Downtown corridor, we have to submit a detailed
plan by June 24th showing what specific improvements we will install to make it a permanent quiet zone. If
the plan is approved, we have to build these improvements within two years, unless a continuance is
granted.
Information we have received lacks complete clarity on what costs will be to silence the horns permanently
for the mile and a quarter. There are three parties involved (FRA), CPUC and the Railroad) and that there
are differences in the proposed improvements required or recommended by each. As such, costs may
vary. Costs could be $3 million and may be up to $8 million or more. For purposes of estimation, we have
broken alternates down to $3 million, $5 million and $8 million. Attachment B shows the list of
improvements under the $3 million alternate. Attachment C details major impacts and costs of the $3
million, $5 million and $8 million alternates. Attachment D shows a list of what other projects would need
to be cancelled to fund each of these alternates.
If we submit a plan, presumably at the lower end of the cost spectrum, the Federal Railroad
Administration, BNSF and CPUC will review it and provide comments. Submission of the plan does not
commit the City to perform. Even if we submit a plan at the less expensive level, their comments could
drive the cost back up to the higher level. In addition, future public hearings to decide street closures will
be necessary.
By involving ourselves in this, we risk liability for future train/auto or train/pedestrian accidents, for which
we currently have no liability. If we submit the lower cost ($3 million) plan, our liability is arguably greater
than the higher cost ($8 million) plan because safety features that are recommended would not be
installed.
All cost estimates are subject to change, as in the end they are what will actually be billed by the Railroad.
In our last experience with that, which was the Amtrak Station, there were huge cost escalations.
There are other public convenience and property owner impacts involved, such as mandatory street
closures and disruption to ingress/egress for governments and businesses, among others.
Another alternative available to us is to submit a "Risk Assessment" plan under a special federal rule for
previous "no blow" zones. Attachment E is a flow chart from the federal government regulations which
outlines both processes. We believe that using this method, which involves closing two streets (Beale and
21st / Gage Streets), which will require future public hearings and notice, would put the math in place to
potentially force the Federal Railroad Administration (FRA) to keep the quiet zone in place. Attachment F
is a chart showing the mathematical calculations.
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A slight variation on this alternative would be to add some of the safety improvements later which are
outside of the Railroad right-of-way, are affordable and do not require Railroad or CPUC approval as
liability reduction efforts.
This is clearly the best alternative regarding cost, time and beneficial impact on the noise issues.
Unfortunately, it is the option with the highest liability. More study is needed to determine how applicable
the "Risk Assessment" plan is for other parts of the city.
The obvious question is, what are the financial elements of liability? We have a $1 million deductible
under our self insurance pool. We pay the first $1 million on every claim, and the pool then covers the
next $4 million. If we have an adverse experience, our rates will go up and/or the pool may exclude
coverage on claims of this type. It is an evolving area, so perfect clarity is not yet available. Please note,
also, we tried to get an indemnification bill passed through the legislature, but the Consumer Attorneys of
California opposed it.
It should be noted that we have not had an accident on this segment in the last five years. An accident
chart for this segment is included to this report as Attachment G.
Constructing the safety improvements in the 1.25 mile stretch, while it is the noisiest, does not cure the
noise problem in the rest of the city. We believe a "complete solution" will run more in the $50 - $60
million range for the safety measures.
Interested citizens and perhaps even federal officials may characterize liability, regulations or processes
differently than City staff. We are presenting the best information we have available.
Advantages of Alternate X
• Keeps the horns silent until the evaluation of the plan is complete;
• In theory, could be the resolution to the noisiest mile and a quarter stretch; and
• Supports businesses / citizens that are negatively impacted by the noise.
Disadvantages of Alternate X
• Takes $3 million from existing needed projects;
• The $3 million may be only the beginning;
• Creates a new liability for the City in part because not all recommended improvements are being
made;
• Problem is temporarily resolved, and even then only for Downtown and East Bakersfield, not
Citywide;
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• There are mandatory street closures involved, which require notice and hearings, as well as other
property owner impacts; and
• The State may still take funding from us and make this contribution impossible or cut deeply into
other programs.
Advantages to Alternate Y
• Allows us to proceed with needed capital projects that are already budgeted or are in the proposed
budget; and
• Does not increase City liability.
Disadvantages of Alternate Y
• Businesses and citizens will feel angry that the City is failing in their efforts;
• Negatively impacts Downtown and East Bakersfield businesses; and
• Negatively impacts redevelopment efforts Downtown and in East Bakersfield.
Advantages to Alternate Z
• Lowest cost option to resolve the noise issue in this corridor;
• Quickest and possibly the least work intensive alternative;
• Addresses citizen and business concerns; and
• Has some potential applicability to other parts of the City.
Disadvantages to Alternate Z
• Highest liability alternative - carries the potential for future safety and cost burdens;
• Although this option does not require approval by BNSF and CPUC, their cooperation and approval
of future modifications on this corridor or others may become extremely difficult; and
• Could create problems with insurance costs.
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