HomeMy WebLinkAbout04/22/09_CC_AGENDA_PACKET.A '-~' BAKERSFIELD CITY COUNCIL
~1~~,~ • AGENDA
~,..
~` ~~~~ MEETING OF APRIL 22, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Reverend Eddie Hair, Jr., St. John's Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Sebastian Medina, 3~d Grade Student at Christa McAuliffe Elementary
School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Omar Macias declaring May 2009,
Motorcycle Awareness Month.
b. Presentation by Mayor Hall of a Proclamation to Linda Vernon declaring April 2009, Fair
Housing Month.
7. APPOINTMENTS
a. Three appointments to the Historic Preservation Commission due to the expiration of terms
of Nancy McNamee-Carter, Susan Stussy and Patricia Duffel, whose terms expired March
30, 2009.
Staff recommends Council determination.
b. Two appointments to the Planning Commission due to the expiration of terms of Russell
Johnson (Ward 3) and Murray Tragish (Ward 5), whose terms expire April 30, 2009.
Staff recommends Council determination.
c. Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms
of Larry Pickett and Danny Ordiz, whose terms expire April 22, 2009.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 23, 2009 Joint Meeting of the City Council and Kern
County Board of Supervisors, and the April 1, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from March 20, 2009 to April 9, 2009 in the amount
of $21,324,365.77 and self-insurance payments from March 20, 2009 to April 9, 2009 in the
amount of $370,804.68.
CONSENT CALENDAR continued
Ordinances:
c. First Reading of the following:
Ordinance amending Section 3.40.010 § D and § E defining tax collector and
person in Chapter 3.
2. Ordinance amending Section 3.40.120 relating to the payment of transient lodging
taxes.
3. Ordinance deleting a portion of Section 3.40.020 § B relating to collecting taxes in the
General Fund.
4. Ordinance deleting Section 3.40.040 § C and § D relating to reports and
remittances.
5. Ordinance amending Section 3.40.080 relating to security requirements.
6. Ordinance amending Section 3.40.100 relating to successor or assignee of business
to withhold tax from purchase price.
7. Ordinance amending Section 3.40.110 § B relating to liability of successor or
assignee for tax.
8. Ordinance amending Section 3.40.150 relating to enforcement.
9. Ordinance amending Section 5.26.010 § C relating to definition of person.
Resolutions:
d. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and the demolishment of dangerous buildings and authorize
collection of the assessments by the Kern County Tax Collector.
e. Purchase of Econolite Autoscope Traffic Signal Video Detection Systems:
Resolution determining that the traffic signal video detection systems cannot be
obtained through the usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $270,000.
2. Approve the purchase of 28 Autoscopes from Econolite Control Products, Inc. in the
amount of $270,000.
f. Resolution authorizing the sale of a surplus VAC-CON sewer line cleaning truck to the City of
Taft for $20,000.
g. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial
Justice Assistance Grant ($830,733) from the U. S. Department of Justice.
(ward ~) h. Resolution terminating Improvement Agreement Nos. 08-201 and 08-202 with Community
Action Partnership of Kern for improvements in the City right of way for Parcel Map 11782
located at the southwest corner of Washington Street and Feliz Drive.
(Ward 3) i. Resolution of Intention No. 1632 to order the vacation of a portion of Auburn Street from
Morning Drive to approximately 1,300 feet west.
City Council Meeting of 04/22/2009
8. CONSENT CALENDAR continued
(Ward 3) j. Morning Drive-College Avenue Planned Bridge and Major Thoroughfare Area:
Resolution of Intention No. 1635 to establish the Morning Drive-College Avenue
Planned Major Bridge and Thoroughfare Area and preliminarily approving the
boundaries of the area and the cost and fee schedule.
2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code
relating to Bridge Crossings and Major Thoroughfares.
Agreements:
k. Agreement with JTS Construction, Inc. (not to exceed $150,000) to provide construction
rehabilitation services for the Neighborhood Stabilization Program.
Agreement with Hybrid Construction (not to exceed $150,000) to provide construction
rehabilitation services for the Neighborhood Stabilization Program.
m. Agreement with Gilliam & Sons, Inc. (not to exceed $300,000) to provide demolition services
for the Neighborhood Stabilization Program.
n. Amendment No. 1 to Agreement No. RP08-100 with Brenntag Pacific ($50,000; revised not
to exceed $90,000) for bulk delivery of pool chemicals to City operated Recreation & Park
facilities.
(Ward 1) o. Ground Lease of Hangar Space at Bakersfield Municipal Airport:
1. Amendment No. 1 to Agreement No. 06-358 with Steve Ayler assigning ground lease
of Hangar Space B1 to Gordon Dole.
2. Amendment No. 1 to Agreement No. 06-359 with Steve Ayler assigning ground lease
of Hangar Space 62 to Gordon Dole.
p. Asphalt Rejuvenator and Sealant:
1. Amendment No. 2 to Agreement No. 07-141 with Burtch Construction (not to exceed
$3,000,000 and extending term to May 6, 2010) to provide and apply asphalt
rejuvenator and sealant.
2. Amendment No. 2 to Agreement No. 07-142 with Alon Asphalt (extending term to
May 6, 2010) to provide ready to use asphalt rejuvenator and sealant.
q. Amendment No. 4 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc. ($80,000;
revised not to exceed $680,000) for irrigation and landscaping services.
(Ward 4) r. Amendment No. 2 to Agreement No. 07-198 with Zim Industries dba Bakersfield Well and
Pump Co. ($100,000; revised not to exceed $200,000 and extending term for one (1) year)
for maintenance and repair of the Olcese Wells.
s. Water Meters:
1. Amendment No. 1 to Agreement No. 08-074 with Measurement Control Systems (not
to exceed $817,050 and extending term to May 5, 2010) for water meters.
2. Amendment No. 1 to Agreement No. 08-075 with Badger Meters (extending term to
May 5, 2010) for water meters.
3 City Council Meeting of 04/22/2009
8. CONSENT CALENDAR continued
(Ward 1) t. Contract Change Order No. 1 to Agreement No. 08-236 with AC Materials, Inc. ($78,660;
revised total not to exceed $645,259.45) for the Shoulder Paving at S. Mt. Vernon Avenue
from E. Belle Terrace to E. Planz Road project.
(Ward 2) u. Contract Change Order No. 2 to Agreement No. 08-196 with Kern Pacific Construction Co.
($75,997.26; revised not to exceed $655,082.07) for the Friant-Kern Canal Liner
Replacement Project. (TRIP)
(Ward 2) v. Amendment No. 2 to Agreement No. 05-132 with H & H Engineering Construction, Inc. (no
increase in compensation; extends term) for repair and maintenance of Bakersfield Amtrak
Railroad.
Bids:
w. Reject all bids for Bakersfield Amtrak Railroad maintenance and repair.
(Ward 1) x. Roof Replacement at Martin Luther King Community Center, 1000 S. Owens Street:
1. Accept base bid and additive alternate and award contract to Graham Prewett, Inc.
($320,000) for the project.
2. Transfer $20,000 CDBG Contingency funds from the Operating Budget to the Capital
Improvement Budget within the Community Development Block Grant Fund for the
project.
(Ward 6) y. Accept bid and award contract to Granite Construction Co. ($1,479,870) for construction of
street improvements along White Lane from Dovewood Street to Wible Road.
(ward ~) z. Accept bid and award contract to Lee Wilson Electric ($109,795.50) for traffic signal and
lighting system installation at Berkshire Road and Wible Road.
Miscellaneous:
aa. Appropriate $275,000 Asset Forfeiture Funds to the Police Department's FY 2008-09
Operating Budget within the General Fund to balance the budget in the case of unanticipated
overtime expenditures.
Staff recommends adoption of Consent Calendar items a through aa.
9. RECESS
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
b. Public Employee Performance Evaluation -City Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
c. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding Robert Pratt v. City - KCSC Case Nos.
S-1500-CV-253264-AEW, S-1500-CV-259414-AEW, and S-1500-CV-261666-AEW.
11. CLOSED SESSION ACTION
12. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution establishing industrial and commercial sewer service
user surcharges for Fiscal Year 2009-10. (Staff recommends adoption of resolution.)
4 City Council Meeting of 04/22/2009
12. CONSENT CALENDAR HEARINGS continued
(Ward 3) b. Public Hearing to consider resolution making findings and certifying the Final Environmental
Impact Report (EIR) for the Amended Hillside Development (HD) Combining Zone Ordinance
(Municipal Code Chapter 17.66) (Staff recommends adoption of resolution.)
13. HEARINGS
14. REPORTS
15. DEFERRED BUSINESS
16. NEW BUSINESS
a. Amendment No. 2 to Resolution No. 140-08 approving Memorandum of Understanding for
employees of the Blue and White Collar Units and adopting salary schedule and related
benefits.
Staff recommends:
1. Adoption of resolution.
2. Express the thanks of the City to the SEIU, Local 521 Collective Bargaining Unit and
to the Blue and White Collar employees for deferring their scheduled pay increase in
2009 to assist in reducing the budget shortfall.
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
Respectfully submitted,
~~ ~~
~-' Alan Tandy
City Manager
04/16/09 8:45am
5 City Council Meeting of 04/22/2009
AGENDA HIGHLIGHTS
April 22, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 n.m.
There will be three appointments to the Historic Preservation Commission, two appointments to the
Planning Commission and two appointments to the Bakersfield Redevelopment Agency.
CONSENT CALENDAR
Ordinances
Item Bc. First Reading of Ordinances. About once a year, or as needed, various departments
throughout the City request changes to the Municipal Code which are minor in nature. Staff is
recommending several changes to the Municipal Code which relate to Transient Lodging Tax. Generally,
the changes are being sought to make a section read better or to reflect current practice or correct
typographical errors.
Resolutions
Item 8e. Purchase of Econolite Autoscooe Traffic Signal Video Detection Systems. Econolite
Autoscope Model 2004 Video Detection Systems are installed at various signal-controlled intersections in
the City and work in conjunction with the Econolite traffic controllers in monitoring and controlling traffic
flow. Econolite has discontinued production of the Autoscope Model 2004processing unit and has
replaced it with the Autoscope Rack Vision Terra. On February 27, 2008, Council approved the
purchase of thirty (30) Autoscope Rack Vision Terra systems to complete the first of a two-phase
process to upgrade intersections operating with the Model 2004 system. This item will authorize the
Finance Director to dispense with bidding and approve the purchase of twenty-eight (28) Autoscope
Rack Vision Terra systems in the amount of $270,000. This will complete the final phase of upgrading
the remaining intersections operating the 2004 system. Funds for this purchase are included in the FY
2008-09 Adopted Budget.
Item 8g. Resolution Authorizing the Police Department to aogly for the Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice. The American Recovery and Reinvestment Act
of 2009 provided significant funding for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG)
program. The JAG program is the primary provider of federal criminal justice funding to state and local
jurisdictions. JAG funds support ali components of the criminal justice system. The Bakersfield Police
Department is eligible for a grant award in the amount of $830,733. These grants have a term of four
years and do not require any match from the City. Prior to submitting the application to the Department
of Justice, the Police Department must comply with a number of grant conditions, including the
requirement that the grant application be reviewed by the governing body of the City. This agenda item
fulfills this requirement. Grant funds will be used to support training, overtime for the Directed Policing
Unit, the BPAL Safe Haven Program and to purchase ten (10) police vehicles.
As~reements
Item 8k, 8/ and 8M. Agreements to Provide Construction Rehabilitation and Demolition Services for the
Neighborhood Stabilization Program. The Neighborhood Stabilization Program (NSP) is designed to
help communities by providing funds to purchase and repair properties that have gone into foreclosure.
Some of these properties may be repaired then offered for sale to first time home buyers, while others
may be demolished. In order to follow through with the rehabilitation or demolition services, a contractor
needs to be in place. A Request for Proposals and Qualifications for these services went out in January
of this year. Proposals were received for both construction rehabilitation and demolition services and
were evaluated based on specific criteria by a review team from the Economic and Community
Development Department.
The review team recommended two contractors to provide rehabilitation services, JTS Construction, Inc.
and Hybrid Construction. Both firms are local and JTS Construction also qualifies as a Disadvantaged
Business Enterprise. Each ..contract is not to exceed $150,000 and the City's expenses will be
reimbursed by the NSP Grant upon invoices being approved by the City and paid to JTS.
The review team also recommended Gilliam & Sons, Inc. to provide demolition services for the NSP in
an amount not to exceed $300,000. Gilliam & Sons is also a local firm.
Item 8p. Asphalt Rejuvenator and Sealant. On May 9, 2007, Council awarded the Annual Contracts for
asphalt rejuvenator and sealants in the amounts of $1,000,000 to Burtch Construction and $200,000 to
Alon Asphalt. The Agreement allows for four (4) consecutive one-year extensions, if all parties agree.
On May 7, 2008, Council executed Amendment No. 1 adding an additional $1,000,000 for a revised not
to exceed amount of $2,000,000 to Burtch Construction and $200,000, for a revised not to exceed
amount of $400,000 to Alon Asphalt and both contracts were extended to May 2009. Amendment No. 2
will add $1,000,000, for a revised not to exceed amount of $3,000,000 to Burtch Construction and no
additional funds for Alon Asphalt. Both contracts will be extended to May 2010. Extending the
Agreements allow the City to continue working with good providers.
Item 8s. Water Meters. On May 7, 2008, Council awarded the Annual Contracts for water meters in the
amounts of $417,050.10 to Measurement Control Systems and $175,404.38 to Badger Meters. The
Agreement allows for Four (4) consecutive one-year extensions, if all parties agree. Amendment No. 1
will add $400,000, for a revised not to exceed amount of $817,050 to Measurement Control Systems and
no additional funds for Badger Meters. Both contracts will be extended to May 2010. Extending the
Agreements allow the City to continue working with good providers.
0
Item 8x. Roof Replacement at Martin Luther King Community Center. 1000 S. Owens Street. Invitations
to bid were sent to over three hundred (300) bidders for the roof replacement at Martin Luther King
Community Center. Four (4) bids were received in response to the solicitation with Graham Prewett, Inc.
being the lowest. The base bid amount was used to determine the low bid as specified in the bid
documents. This item consist of Accepting the base bid and additive alternate and awarding the contract
to Graham Prewett, Inc. in the amount of $320,000 and transferring $20,000 CDBG Contingency funds
from the Operating Budget to the Capital Improvement Budget within the Community Development Block
Grant Fund for the roof replacement project.
Item 8y. Accept Bid and Award Contract to Granite Construction Co. for Construction of Street
Improvements Alonq_White Lane from Dovewood Street to Wible Road in the amount of $1.479.870.
The purpose of this project is to reconstruct the existing pavement along White Lane from Dovewood
Street to Wible Road, restripe the newly reconstructed roadway to add an additional travel lane in each
direction and to construct parking pockets on the north and south sides of White Lane. This project will
allow the City to maintain the current on-street parking condition for the adjacent residents, while
expanding the number of travel lanes in this area to improve traffic flow. On March 4, 2009 seven (7)
bids were received with Granite Construction Co. being the lowest. This project is funded entirely with
Proposition 1 B funds.
Agenda Highlights -April 22, 2009 Council Meeting
Page 2
Miscellaneous
Item 8aa. Appropriate $275.000 Asset Forfeiture Funds to the Police Department's FY 2008-09
Operating Budget Within the General Fund to Balance the Budget in the Case of Unanticipated Overtime
Expenditures. The Bakersfield Police Department has historically been accustomed to operating with a
healthy margin of salary savings to cover overtime in the case of emergencies. As part of the Phase I
reductions to the FY 2008-09 General Fund Budget, the Police Department has cut 6.8% from its
operating budget. Part of the reductions included a reduction of $1,000,000 from overtime. With only a
very slim margin left to cover overtime in the event of an emergency call out, there is potential for the
Police Department to exceed their operating budget prior to the end of the fiscal year. Therefore, the
Police Department is requesting an appropriation in the amount of $275,000 from the Police Asset
Forfeiture Fund to prepare for unanticipated overtime expenses due to emergency call outs.
NSENT CALENDAR HEARINGS
Item 12s. Hearing to Consider a Resolution Establishing Industrial and Commercial Sewer Service
User Surcharges for Fiscal Year 2009-10. Pursuant to the Municipal Code, sewer user charges and fees
are established annually to cover the cost of operation and maintenance for the sewer treatment plants
and for the existing sewer collection system. An annual flat rate sewer fee is collected with property
taxes by the Kern County Tax Collector. In addition, a monthly surcharge is assessed if flow and sewer
strength for commercialrndustrial sewer users exceeds the baseline amount. In most cases each
individual industrial and commercial user that is assessed a surcharge adds a unique amount of waste
disposal to the sewer that is different than a single family home. The objective of the surcharge is to
capture this unique waste disposal to the sewer and assess them the fee accordingly, thus the sewer fee
is equitably distributed to the industries that discharge more to the sewer. City staff is recommending an
increase in the surcharge rates for Fiscal Year 2009-10.
Item i2b. Public Hearing to Consider Resolution Making Findings and Certifying the Final
Environmental Impact Report (EIR) for the Amended Hillside Development (HD) Combining Zone
r ' n The EIR was prepared in compliance with the Writ of Mandate issued by the Kern County
Superior Court. The purpose is to assess potential environmental effects resulting from the
implementation of the amendments to the original Hillside Development Combining Zone, which was
adopted on August 11, 1999. The EIR is in compliance with the California Environmental Quality Act
(CEQA). Staff recommends adoption of the Resolution.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation, a conference with
the labor negotiator and the performance evaluation of the City Manager.
NEW BUSINESS
Item 18e. Amendment No. 2 to the Resolution A roving the Memorandum of Understanding for
Employees of the Blue and White Collar Units and Adog_ting Salary Schedule and Related Benefits. This
agenda item includes three changes to the Memorandum of Understanding (MOU) for the Blue and
White Collar Units. These changes have been ratified by the members of SEIU, Local 521 and are
designed to assist the City in dealing with an estimated $6 million budget shortfall for FY 2009-10. The
changes include an Extension of the MOU to December 31, 2011 and allow a 2% pay increase, effective
December 2010 and a 2% pay increase, effective December 2011 (This pay increase structure takes the
place of a scheduled 4% pay increase that would have been effective December 2009 under the existing
MOU). The revised agreement also includes provisions related to "bumping" rights and restrictions on
mandatory furloughs during the term of the agreement. The City appreciates the understanding and
Agenda Highlights -April 22, 2009 Council Meeting
Page 3
cooperation the Blue and White Collar employees have shown in doing their part to reduce the $6 million
shortfall, due to this there will be less damage to City operations and our ability to provide services to the
taxpayers.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Cleric's File
News Media File
Agenda Highlights -April 22, 2009 Council Meeting
Page 4
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ADMINISTRATIVE REPORT
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MEETING DATE: April 22, 2009 AGENDA SECTION: Presentations
ITEM: ~, Q ,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD 6'(
DATE: April 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Omar Macias declaring May 2009,
Motorcycle Awareness Month.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: April 22, 2009 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD~~~r~
DATE: April 10, 2009 CITY ATTORNEY D~
CITY MANAGER F~
SUBJECT: Presentation by Mayor Hall of a Proclamation to Linda Vernon declaring April 2009, Fair
Housing Month.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: April 22, 2009 AGENDA SECTION: Appointments
ITEM: , a ,
TO: Honorable Mayor and City Council
FROM: Pamela A. McCarthy, City Clerk
DATE: April 14, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Three appointments to the Historic Preservation Commission due to the expiration
of terms of Nancy McNamee-Carter, Susan Stussy and Patricia Duffel, whose terms
expired March 30, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there three appointments to the Historic Preservation Commission due to the expiration of terms
of Nancy McNamee-Carter, Susan Stussy and Patricia Duffel, whose terms expired March 30, 2009. The
news release for this recruitment was posted March 9, 2009.
A declaration was received from Nancy McNamee-Carter indicating she did not wish to be reappointed to
the Commission.
Applications for appointment have been received from the following:
• Juliana Bernier Dooley
• Patricia Duffel
• Susan Stussy
The membership of the Historic Preservation Commission was amended in accordance with Ordinance
No. 4246 adopted on April 13, 2005. The Commission is now composed of five (5) members rather than
eight. In addition, the nominations, which were previously made by individual Councilmembers and the
Mayor, are currently made by the full Council.
The Historic Preservation Commission is an advisory body to the City Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council. Meetings are held on the third Tuesday of
each month at 4:00 p.m. as needed.
April 14, 2009, 12:21 PM
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ADMINISTRATIVE REPORT
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IF
MEETING DATE: April 22, 2009 AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela. A. McCarthy, City Cler~
April 10, 2009
Two appointments to the Planning Commission due to the expiration of terms of Russell
Johnson (Ward 3) and Murray Tragish (Ward 5), whose terms expire April 30, 2009.
APPROVED
DEPARTMENT HEAD~,c. n~n. i~1"
CITY ATTORNEY J~
CITY MANAGER ,P,S
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Planning Commission due to the expiration of terms of Russell
Johnson and Murray Tragish. The news release for this recruitment was posted on February 27, 2009
Applications for appointment have been received from the following:
• McCoy Dean Haddock
• Kristin Alaina Hagan
• Andrew Michael Heglund
• Russell Park Johnson
• Murray Tragish
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
In accordance with this ordinance, the appointments shall be made by the Councilmembers of Wards 3
and 5.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Councilmember.
April 10, 2009, 9:48AM
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ADMINISTRATIVE REPORT
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IF
MEETING DATE: April 22, 2009 AGENDA SECTION: Appointments
ITEM: 7, G ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cle~
April 10, 2009
Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms
of Larry Pickett and Danny Ordiz, terms expiring April 22, 2009.
APPROVED
DEPARTMENT HEAf1~, ~,
CITY ATTORNEY ~~
CITY MANAGER /W
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of
Larry Pickett and Danny Ordiz, whose terms expire April 22, 2009.
Applications for appointment have been received from the following:
• Andrew Hegland
• Jason Boone Matthews
• Danny Ordiz
• Larry Pickett
The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven
(7) members, appointed by the Mayor and approved by the Council. Agency members must be registered
voters and residents of the City throughout the remainder of their term.
The agency transacts business and exercises its powers under Community Redevelopment Law.
Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall,
1501 Truxtun Avenue.
April 9, 2009, 11:40AM
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MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
April 10, 2009
CITY MANAGER
Approval of Minutes of the March 23, 2009 Joint Meeting of the Bakersfield City Council
and Kern County Board of Supervisors, and the April 1, 2009 Regular City Council Meeting.
APPROVED
DEPARTMENT HEAD ~ T~
CITY ATTORNEY
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~?
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 10, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,~S
SUBJECT: Approval of department payments from March 20, 2009 to April 9, 2009
in the amount of $21,324,365.77 and Self Insurance payments from March 20, 2009
to April 9, 2009 in the amount of $370,804.68.
RECOMMENDATION:
Staff recommends approval of payments totaling $21,695,170.45.
BACKGROUND:
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April 9, 2009, 3:48PM
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ADMINISTRATIVE REPORT
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MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 9, 2009 CITY ATTORNEY Q~.
CITY MANAGER ~J
SUBJECT: 1. First Reading of Ordinance Amending Section 3.40.010 Subsections D and E Defining
Tax Collector and Person in Chapter 3.
2. First Reading of Ordinance Amending Section 3.40.120 Relating to the Payment of
Transient Lodging Taxes.
3. First Reading of Ordinance Deleting a Portion of Section 3.40.020 Subsection B
Relating to Collecting Taxes in the General Fund.
4. First Reading of Ordinance Deleting Section 3.40.040 Subsections C and D Relating to
Reports and Remittances.
5. First Reading of Ordinance Amending Section 3.40.080 Relating to Security
Requirements.
6. First Reading of Ordinance Amending Section 3.40.100 Relating to Successor or
Assignee of Business to Withhold Tax From Purchase Price.
7. First Reading of Ordinance Amending Section 3.40.110 Subsection B Relating to
Liability of Successor or Assignee For Tax.
8. First Reading of Ordinance Amending Section 3.40.150 Relating to Enforcement.
9. First Reading of Ordinance Amending Section 5.26.010 Subsection C Relating to
Definition of Person.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
About once a year or as needed, various Departments throughout the City request changes to the
Bakersfield Municipal Code (BMC) which are minor in nature. Staff is recommending several changes to
Chapter 3.40 of the BMC which relate to Transient Lodging Tax. Generally, the changes are being sought
to make a section read better or to reflect current practice or correct typographical errors.
The following is a list of ordinances which are being recommended by Staff for changes:
1. BMC Section 3.40.010 Subsections D and E. The amendment inserts "of Bakersfield" to
City and defines "person" in this chapter.
2. BMC Section 3.40.120. The amendment lists eligibility requirements to qualify for an
exemption to the transient lodging tax.
3. BMC Section 3.40.020 Subsection B. A portion of subsection B is being deleted because
transient lodging taxes are not part of the City's general funds.
S:\COUNCILWdminsWB-09 AdminsWdmin_TOT.doc
ADMINISTRATIVE REPORT
4. BMC Section 3.40.040 Subsections C and D. These subsections should be deleted
as reports and remittances are collected on a monthly basis.
5. BMC Section 3.40.080 Subsections A and B. The amendment to subsection A replaces
"auditor-controller" with "tax collector" because "auditor-controller" has no relevant meaning in this chapter.
The amendment also clarifies the process by which security deposits are processed when an entity is no
longer in business. Subsection B is deleted in its entirety as it better reflects the current practices of the
City.
6. BMC Section 3.40.100. The amendment revises formerly ambiguous language and
replaces "auditor-controller" with "tax collector" because "auditor-controller" has no relevant meaning in
this chapter.
7. BMC Section 3.40.110 Subsection B. The amendment replaces "auditor-controller" with
"tax collector" because "auditor-controller" has no relevant meaning in this chapter.
8. BMC Section 3.40.150. The amendment replaces "revenue supervisor" with `Treasurer,"
because it is a more accurate description of the current practices of the City.
9. BMC Section 5.26.010 Subsection C. The amendment defines "person" in this chapter.
CI/vl:lsc
S:ICOUNCILVIdmins~08-09AdminsWdmin TOT.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent
ITEM g, d ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: April 3, 2009
APPROVED
,
DEPARTMENT HEAD f~
CITY ATTORNEY T
CITY MANAGER ~,S
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings and
authorize collection of the assessments by the Kem County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on April 13, 2009, by the Assistant City Manager and all proposed charges
were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield
Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute
public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or were
determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits
maintaining dangerous buildings. The property owners were notified and failed to comply with the notices
to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the
Director issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION ~ COST
Ward 1/Councilmember Irma Carson
1. 420 S. Brown Street 019-072-02 $ 625.00
2. 130 Clifton Street 018-390-07 $ 850.00
April 3, 2009, 11:22AM
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PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
3. 1000 Dr. Martin Luther King Jr. Blvd 018-032-02 $ 11,490.00
4. 2612 Laurel Drive 022-041-09 $ 600.00
5. 33 T Street 010-031-01 $ 399.00
6. 906 Watts Drive 170-221-01 $ 424.00
7. 1200 11 "' Street 009-031-07 $ 465.00
'` Demolished structure
Ward 2/Councilmember Sue Benham
8. 1117 Beale Avenue 015-360-24 $ 424.00
9. 724 Beech Street 007-361-03 $ 524.00
10. 1102 Gage Street 015-350-12 $ 900.00
11. 1106 Kentucky Street 015-390-15 $ 450.00
12. 1314 Kentucky Street 015-410-09 $ 500.00
13. 1114 Lake Street 015-340-13 $ 375.00
14. 1315 Lake Street 015-410-14 $ 350.00
15. 1922 Maple Avenue 007-194-06 $ 725.00
16. 423'/z Monterey Street 014-160-05 $ 588.00
17. 1007 Monterey Street 015-350-03 $ 375.00
18. 1205 Monterey Street 015-330-02 $ 425.00
19. 1300 Monterey Street 015-250-14 $ 650.00
20. 1305 Monterey Street 015-320-02 $ 399.00
21. 1201 Niles Street 015-240-20 $ 665.00
22. 1530 Niles Street 015-140-08 $ 575.00
23. 1116 Oregon Street 015-090-12 $ 350.00
24. 1206 Oregon Street 015-100-15 $ 500.00
25. 1409 Oregon Street 015-150-03 $ 544.00
26. 1211 Pacific Street 015-100-19 $ 395.00
27. 1219 Pacific Street 015-100-04 $ 474.00
28. 1201 Robinson Street 015-240-16 $ 424.00
Ward 3/Councilmember Ken Weir
29. 3217 Dartmouth Street 021-182-05 $ 625.00
30. 4300 Elder Court 434-092-12 $ 444.00
31. 5805 Fairfax Road 439-090-08 $ 750.00
32. 6201 Stonegate Drive 439-122-09 $ 375.00
Ward 5/Counciimember Harold Hanson
33. 904 Harvest Creek Road 501-062-05 $ 494.00
April 3, 2009, 11:22AM
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Page 3 of 3
PRO PERTY LOCATION APN COST
War d 6/Coucilmember Jacauie Sullivan
34. 6717 Shelby Loop 385-242-02 $ 300.00
War d 7/Councilmember Zack Scrivner
35. 2909 Agate Street 023-431-03 $ 399.00
36. 1901 Maurice Avenue 372-301-09 $ 300.00
37. 7910 Moonrise Court 516-432-04 $ 399.00
38. 210 Scarletfire Drive 516-461-25 $ 399.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
April 3, 2009, 11:22AM
S:1Dana1ADMINS\2009\April\422-Property Abatement.dx
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM:
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 2, 2009
Purchase of Econolite Autoscope Traffic Signal Video Detection Systems.
1. Resolution determining that the traffic signal video detection systems cannot be
obtained through the usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $270,000.
2. Approve the purchase of twenty-eight (28) Autoscopes from Econolite Control
Products, Inc. in the amount of $270,000.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D r
CITY MANAGER /w
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase
BACKGROUND: Econolite Autoscope Model 2004 Video Detection Systems are installed~at various
signal-controlled intersections in the City of Bakersfield and work in conjunction with the Econolite traffic
controllers in monitoring and controlling traffic flow. The .oldest. of the video detection systems was
installed in 1992.
Econolite Control Products, Inc. discontinued production of the Autoscope Model 2004 processing unit in
2002 and is no longer supporting the software component with upgrades and fixes. Additionally, the
operating system of the Autoscope Model 2004, which is DOS-based, has limited processing capacity and
the units have to be manually set on foggy days and then re-set when the weather clears, resulting in
traffic delays.
Econolite has replaced the Autoscope Model 2004 with the Autoscope Rack Vision Terra. The Autoscope
Rack Vision Terra is windows-based and has four processing units which will allow a faster response to
traffic and better fog recognition algorithm, thus facilitating better traffic flow throughout the City's traffic
grid.
On February 27, 2008 Council approved the purchase of thirty (30) Autoscope Rack Vision Terra systems
to complete the first of a two-phase process to upgrade intersections operating with the Model 2004 Video
Detection Systems. This purchase of twenty-eight (28) units completes the final phase of upgrading the
remaining intersections to the Rack Vision Terra systems.
Funds for the purchase of twenty-eight (28) replacement units are in the FY 2008-2009 Adopted Budget.
Purchasing Division
S:\PURCFMDMIMAutoscopes, Sole Source, April 22, 2009.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, .~',
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: March 25, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D ~.
CITY MANAGER /w
SUBJECT: Resolution to Authorize Sale of Surplus VAC-CON sewer line cleaning truck to the City
of Taft for Twenty Thousand Dollars ($20,000).
RECOMMENDATION: Staff recommends approval of the resolution.
BACKGROUND: The Public Works Department, Fleet Services Division has received a request from the
City of Taft, a governmental entity, to purchase one (1) surplus VAC-CON sewer line cleaning truck for
twenty thousand dollars ($20,000). This truck has been removed from service and was recently replaced
by a newer unit through the normal attrition process. The City of Taft does not currently own this type of
equipment and must rely on the Kern County Sanitation District for backup when mainline sewer issues
occur. While no longer appropriate for use as a front-line unit for the City of Bakersfield, this smaller
department would have access to equipment for emergencies that they couldn't otherwise purchase new.
The total value of this sewer line cleaning truck is estimated to be $20,000-$24,000 with a recommended
purchase offer to City of Taft for twenty thousand dollars ($20,000).
The Bakersfield Municipal Code Section 3.20.120E provides for this action and states that any sale to a
governmental entity or non-profit organization shall be subject to confirmation and approval by the City
Council.
The equipment is being sold "as is with all faults" to remove the City from any potential liability claims.
March 25, 2009, 2:53PM
S:\PURCHWDMIN\Surplus Property VAC-CON sewer line cleaning truck, City of Taft, April 22, 2009.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: 5~'. n .
TO: Honorable Mayor and City Council
FROM: William R. Rector, Chief of Police
DATE: April 10, 2009
APPROVED
DEPARTMENT HEAD ~~ ~-un 1,•//Z~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne
Memorial Justice Assistance Grant ($830,733.00) from the U.S. Department of Justice.
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
The 2009 Edward Byrne Memorial Justice Assistance grant program is authorized by the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery Act") and by 42 U.S.C. 3751
(a).
The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic
recovery; to assist those most impacted by the recession; to provide investments needed to increase
economic efficiency by spurring technological advances in science and health; to invest in transportation,
environmental protection, and other infrastructure that will provide long-term economic benefits; and to
stabilize State and local government budgets, in order to minimize and avoid reductions in essential
services and. counterproductive State and local tax increases.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal
justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic
violence programs, courts, corrections, treatment, and justice information sharing initiatives."
The Bakersfield Police Department is eligible for a grant award in the amount of $830,733. Grants from
the J.A.G. Program have a term of four years and do not require any match from the City. Prior to
submitting the application to the Department of Justice, the Bakersfield Police Department must comply
with a number of grant conditions including the requirement that the grant application be reviewed by "the
governing body of the unit of local government." This agenda item fulfills this requirement.
BAKE
O~ ycoeroe„~~s
~ ~
U d ADMINISTRATIVE REPORT
The Police Department wishes to submit the following list of items to the Department of Justice for grant
approval. The dollar amounts in the proposed budget below are estimates. If department needs change
or the amounts spent differ from those proposed, the Police Department will expend the differences in
accordance with the JAG/Byrne Grant Guidelines.
• Overtime for the Directed Policing Unit $ 270,000
• Training (POST Mandated /High Liability) $ 70,773
• BPAL Safe Haven Program $ 70,000
• Police Vehicles (10) $ 420.000
BAKE
o~,~o~.o.,, Rs
ADMINISTRATIVE REPORT
c ~~~~
gLlF 0
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, h ,
TO: Honorable Mayor and City Council PPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~~~
DATE: April 15, 2009 CITY ATTORNEY : /~'~ -~
CITY MANAGER
SUBJECT: Resolution terminating Improvement Agreement No. 08-201 and 08-202 with Community
Action Partnership of Kern for improvements in the City right of way for Parcel Map 11782
located at the Southwest Corner of Washington Street and Feliz Drive (Ward 1).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: A written request was submitted by the Executive Director of the Community Action
Partnership of Kern for the termination of their Improvement Agreements No. 08-201 and 08-202. The
improvements covered by these agreements were over and above the conditions placed on Parcel Map
11782, and will be completed in the future using the existing site plan review and permit process. The
improvements in question are for Washington Street and Feliz Drive along the parcel frontages. The
request letter has been attached for your reference.
Currently, this site contains a food bank facility at the south end of the parcel. There are approved Site
Plan Reviews fora 20,000 square foot warehouse for food storage, a 8,805 square foot child care facility a
13,765 square foot training center, and a 12,000 square foot office/warehouse building -each on a
separate parcel. As each building is constructed, the right of way improvements for their frontage will be
completed by Community Action Partnership of Kern or whoever has purchased the parcel.
Staff is recommending the agreements be terminated at this time and that the future improvements be
secured with an improvement agreement or street permit at the time the permits for the various parcels
are issued.
tt:mps
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G:IGROUPDATIADMINRP112009\04-22Wdmin for Community Action Partnership of Kem agr termination.doc
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ADMINISTRATIVE REPORT
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IF
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g' ' ,
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: April 22, 2009
APPROVED
DEPARTMENT HEAD ~ ~ ~"
CITY ATTORNEY~~
CITY MANAGER
SUBJECT: Resolution of Intention No. 1632 to order the vacation of a portion of Auburn Street from
Morning Drive to approximately 1,300 feet west. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is proposing to vacate a portion of Auburn Street from Morning Drive to
approximately 1,300 feet west. The purpose of this vacation is for the realignment of Auburn Street for the
future Morning Drive interchange.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there are no City storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on February 11, 2009 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of May 20, 2009, on the
proposed vacation.
S:\Street Vacations\Aubum St West of MomingWdmin. Report -Consent Calendar.doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q; ` ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~
DATE: April 6, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Morning Drive-College Avenue Planned Bridge and Major Thoroughfare Area (Ward 3).
1. Resolution of Intention No. 1635 to establish the Morning Drive-College Avenue
Planned Major Bridge and Thoroughfare Area and preliminarily approving the
boundaries of the area and the cost and fee schedule.
2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060
of the Bakersfield Municipal Code relating to Bridge Crossings and Major
Thoroughfares.
RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first reading of
the ordinance.
BACKGROUND: A property owner developing 20 acres in northeast Bakersfield has requested the
formation of a Major Bridge and Thoroughfare District to help in the construction of Morning Drive.
Morning Drive is an arterial shown on the Circulation Element of the current Metropolitan Bakersfield
General Plan. This arterial will provide an essential transportation link in the northeast upon completion,
connecting SR 178 with College Avenue. Morning Drive is shown on the Regional Transportation Impact
Fee Facilities List for 2 lanes. The construction of the remaining 4 lanes plus curbs, gutters and sidewalks
will be the responsibility of the adjacent property owner as he develops his property. However,
development in the northeast tends to be non-adjacent, creating gaps in improvements that may stand for
years before the property develops and constructs their frontage.
Because of the importance of this roadway, and because of the fragmented ownership of the property that
the Specific Plan Line traverses, a Major Bridge and Thoroughfare District is the best way to insure that
property benefiting from the construction of this road pays their proportionate share of the improvements
beyond the initial 2 lanes funded by the impact fee.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule. The resolution sets a hearing for May 6, 2009.
This Ordinance adds the Morning Drive-College Avenue Planned Bridge and Major Thoroughfare Area to
the list of bridge crossings and major thoroughfares for which subdividers/developers are charged at time
of development to pay the cost of constructing the planned facilities.
mps
S:IPROJECTS\Bridge DistrictWdmin\Morning ROI Ord.doc
/. ~•:•
'~ ~ ~~` ,J~ ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: $, k ,
TO: Honorable Mayor and City Council APP VED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD - ~~
DATE: April 14, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with JTS Construction, Inc., in an amount not to exceed $150,000 to
Provide Construction Rehabilitation Services for the Neighborhood Stabilization
Program. (WARD ALL)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In 2008, the City was approved for a grant, through the Housing and Economic Recovery Act
(HERA) from the U.S. Department of Housing and Urban Development (HUD). HERA provides
for the Neighborhood Stabilization Program (NSP) to help the community through the purchase
and repair of properties that have gone into foreclosure.
Upon purchase of the foreclosed properties some may be repaired then offered for sale to first
time home buyers. If the properties require construction rehabilitation services a contractor
needs to be in place which is the reason this agreement is before you.
A Request for Proposals and Quaycations was available to firms beginning January 16, 2009.
That document was posted on the city's website and postcards were mailed to more than 31
firms alerting them to this opportunity. Eight proposals were received by the February 13, 2009
deadline and were evaluated by the following criteria:
• Firm's qualifications to provide the requested services. 20°k
• Firm's experience in successfully completing rehabilitation projects. 50°~6
• Firm's ability to complete the project within desired timeline. 2090
• Firm's quoted price to provide all requested services. 10%
A review team from the Economic and Community Development Department evaluated the
proposals and recommends two contractors, Hybrid Construction and JTS Construction, Inc. for
Rehabilitation Services.
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ADMINISTRATIVE REPORT
The city's expenses will be reimbursed by the NSP Grant upon invoices being approved by the
City and paid to JTS Construction, Inc. The total amount available for Rehabilitation Services
from the NSP Grant will be $150,000 with JTS Construction.
JTS Construction, Inc. anticipates all work at each specific job site to be completed within one
and one-half weeks. The agreement with Hybrid Construction will be brought forward for
Council consideration on April 22, 2009. The city's agreement with HUD requires all the funding
from the NSP must be committed prior to October 2010.
Page 2
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4/14/20098:10 AM
~~O ,rroh~rSu+
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~'4, r~~,w~„~ ~,;f/~ ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q,)
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: April 14, 2009
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
AP OVED
SUBJECT: Agreement with Hybrid Construction, in an amount not to exceed $150,000 to
Provide Construction Rehabilitation Services for the Neighborhood Stabilization
Program. (WARD ALL)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In 2008, the City was approved for a grant, through the Housing and Economic Recovery Act
(HERA) from the U.S. Department of Housing and Urban Development (HUD). HERA provides
for the Neighborhood Stabilization Program (NSP) to help the community through the purchase
and repair of properties that have gone into foreclosure.
Upon purchase of the foreclosed properties some may be repaired then offered for sale to first
time home buyers. If the properties require construction rehabilitation services a contractor
needs to be in place which is the reason this agreement is before you.
A Request for Proposals and Qualifications was available to firms beginning January 16, 2009.
That document was posted on the city's website and postcards were mailed to more than 31
firms alerting them to this opportunity. Eight proposals were received by the February 13, 2009
deadline and were evaluated by the following criteria:
• Firm's qualifications to provide the requested services. 20°k
• Firm's experience in successfully completing rehabilitation projects. 50°~
• Firm's ability to complete the project within desired timeline. 20°~
• Firm's quoted price to provide all requested services. 10°r6
`A review team from the Economic and Community Development Department evaluated the
proposals and recommends two contractors, Hybrid Construction and JTS Construction, Inc.
The city's expenses will be reimbursed by the NSP Grant upon invoices being approved by the
City and paid to Hybrid Construction. The total amount available for Rehabilitation Services
S:Vldmins~City CouncillClty Coundl Admins 2009~Revised Hybrid Rehab Servioes.doc
4/14/2009 8:09 AM
ADMINISTRATIVE REPORT
from the NSP Grant will be $300,000 which is divided into two agreements of $150,000 each for
two different contractors and should allow for approximately 20 housing units job sites to be
rehabilitated.
Hybrid Construction anticipates all work at each specific job site to be completed within one and
one-half weeks. The city's agreement with HUD requires all the funding from the NSP must be
committed prior to October 2010.
Page 2
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4/14120096:09 AM
~1~... I,, j, ~
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~~: ="`.•'P°~^ ADMINISTRATIVE REPORT
-~;,.,;.
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q . n--
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: April 8, 2009
ROVED
DEPARTMENT HE ~~
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Agreement with Gilliam & Sons, Inc., in an amount not to exceed $300,000 to
Provide Demolition Services for the Neighborhood Stabilization Program.
(WARD ALL)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In 2008, the City was approved for a Neighborhood Stabilization Program grant through the
Housing and Economic Recovery Act (HERA) from the U.S. Department of Housing and Urban
Development (HUD). HERA provides funds for the Neighborhood Stabilization Program (NSP)
to help the community through the purchase and repair of properties that have gone into
foreclosure.
Upon purchase of the foreclosed properties some may be repaired, then offered for sale to first
time home buyers. Others may be demolished. If the properties require demolition a contractor
needs to be in place to provide such services.
A Request for Proposals and Qualifications was available to demolition firms beginning January
14, 2009. That document was posted on the city's website and postcards were mailed to more
than 15 firms alerting them to this opportunity. Ten proposals were received by the February 6,
2009 deadline and were evaluated by the following criteria:
• Firm's qualifications to provide the requested services. 30%
• Firm's experience in successfully completing demolition projects. 30%
• Firm's ability to complete the project within desired timeline. 30%
• Firm's quoted price to provide all requested services. 10%
A review team from the Economic and Community Development Department evaluated the
proposals and recommends Gilliam & Sons, Inc.
S:WdminslCity Council\City Council Admins 2009\Gilliam 8 Sons, Inc. Demolition Services.doc
4/8/2009 1:48 PM
ADMINISTRATIVE REPORT
The city's expenses will be reimbursed by the NSP Grant upon invoices being approved by the
City and paid to Gilliam & Sons, Inc. The total amount available for Demolition Services from
the NSP Grant will be $300,000. This should allow for approximately 20 dilapidated housing
sites to be cleared for redevelopment.
Gilliam & Sons, Inc. anticipates all work at each specific job site to be completed within one
week after receipt of the Notice to Proceed. The city's agreement with HUD requires all the
funding from the NSP must be committed prior to October 2010.
Page 2
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MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, ,
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director
Recreation & Parks Department
DATE: April 14, 2009
APPROVED
DEPARTMENT HEAD ~ ~-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement No. RP 08-100 with Brenntag Pacific (adding $50,000 for a
revised contract amount not to exceed $90,000) for bulk delivery of pool chemicals to City
operated Recreation and Park facilities. (Citywide)
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
On August 11, 2008, the City entered into Agreement No. RP 08-100 in the amount of $40,000 for bulk
delivery of pool chemicals with Brenntag Pacific after City staff secured quotes for providing this service.
The services consist of supplying and delivery of palletized dry chemicals and pumping liquid chemical
directly from the Contractor's truck to City's pool storage units. These chemicals are required to maintain
state mandated water chemistry in order to operate public swimming pools.
Closure of a California chemical manufacturing facility has reduced the available supply of certain
chemicals leading to increased wholesale cost. In addition to a plant closure, chemical costs have had
significant price fluctuations due to the current market. Chemical companies are reluctant to enter into a
one-year, annual contract with a long term commitment to set chemical prices. The City's current supplier,
Brenntag Pacific was willing to provide set prices for 90 days, which is attached as Exhibit A and B.
Based on past history of chemical use, the not-to-exceed $90,000 is the average amount spent on
chemicals per year.
The additional $50,000 compensation is projected to be sufficient to allow the City to operate public
swimming pools through the summer swim season without interruption of services. Staff will explore the
feasibility of re-bidding this service as an Annual Contract before the December 2009 expiration date.
Sufficient funds are budgeted to fund this Amendment.
April 14, 2009, 10:11AM:aaf
S:/ADMINISTRATION DIVISION/Admin Rpts/2009 Admins/Poof Chemicals
F~ B/+f.r
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° ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: , o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 13, 2009
Ground Lease of Hangar Spaces at Bakersfield Municipal Airport: (Ward 1)
APPROVED
DEPARTMENT HEAD '
CITY ATTORNEY D
CITY MANAGER /~
Amendment No. 1 to Agreement No. 06-358 with Steve Ayler assigning ground
lease of Hangar Space B1 to Gordon Dole.
2. Amendment No. 1 to Agreement No. 06-359 with Steve Ayler assigning ground
lease of Hangar Space 62 to Gordon Dole.
RECOMMENDATION: Staff recommends approval of the amendments assigning ground lease
agreements.
BACKGROUND: The ground lease agreements for Hangar Space B1 and B2 are currently with Steve
Ayler. Mr. Ayler desires to assign his interest in the ground leases to Gordon Dole. The ground lease
agreements allow for this assignment. The $200.00 processing fee for each hangar space has been paid.
The assignment will transfer all terms of the ground lease to Gordon Dole including the monthly rent of
$40.00
(@Ip~ - 4/13/2009 1:08:28 PM
G:\GROUPDATIADMINRP112009104-22\Hangar B1_ B2.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~' .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director
April 2, 2009
Annual Contracts for Asphalt Rejuvenator and Sealant. (Citywide)
1. Amendment No. 2 to Agreement No. 07-141 with Burtch Construction (not to exceed
$3,000,000) and extending term to May 6, 2010 for the annual contract -provide and
apply asphalt rejuvenator and sealant.
2. Amendment No. 2 to Agreement No. 07-142 with Alon Asphalt extending the term to
May 6, 2010 for the annual contract -provide ready-to-use asphalt rejuvenator and
sealant.
APPROVED
DEPARTMENT HEAD //
CITY ATTORNEY
CITY MANAGER l~
RECOMMENDATION: Staff recommends approval of amendments to the Agreements
BACKGROUND: On May 9, 2007, Council awarded the Annual Contracts for asphalt rejuvenator and
sealants in the amounts of $1,000,000 to Burtch Construction and $200,000 to Alon Asphalt. The
agreement allows for four (4) consecutive one-year extensions, if all parties agree. On May 7, 2008,
Council executed Amendment No. 1 adding an additional $1,000,000, for a revised not to exceed amount
of $2,000,000 to Burtch Construction and $200,000, for a revised not to exceed amount of $400,000 to
Alon Asphalt and both contracts were extended to May 2009. If approved, Amendment No. 2 will add
$1,000,000, for a revised not to exceed amount of $3,000,000 to Burtch Construction and no additional
funds for Alon Asphalt, both contracts will extend one year to expire in May 2010. Extending the
Agreements allow the City to continue working with good providers and saves staff time and efforts
required if these items were to be re-bid.
Purchasing Division
S:\PURCHWDMIMAmendmentsWmendment #2 to Agreement 07-141 & 07-142, Burtch Constr, Alon Asphalt, April 22, 2009.doc
April 2, 2009, 5:07PM
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 6, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Incorporated
for the Annual Contract for Irrigation and Landscaping Services adding $80,000 additional
funds for a revised not to exceed contract amount of $680,000. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the annual contract for irrigation and landscaping
services to Kern Sprinkler Landscaping, Incorporated in the amount of $175,000. Amendment No. 1 was
executed on June 20, 2007 adding $175,000, for a revised contract total of $350,000 and extending the
Agreement for one year. On March 26, 2008, Council executed Amendment No. 2 adding $250,000, for a
revised contract total of $600,000 to the Agreement for services relating to the Mill Creek project and the
AERA Baseball Park project. On July 16, 2008, Council executed Amendment No. 3 extending the
agreement to July 18, 2009 to allow the Contractor time to complete work in progress. Amendment No. 4
will add $80,000 to the Agreement for a revised not to exceed amount of $680,000. Changes to the
irrigation system at the Central Park section of the Mill Creek project and the addition of a visual and
acoustical landscape buffer between AERA Park and the adjacent residents necessitate the additional
funding to complete both projects.
Purchasing Division
S:~PURCMADMIMAmendmentsWmendment #4 to Agreement 06-220, Kem Sprinkler, April 22, 2009.doc
April 8, 2009, 8:51AM
of o..
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° ADMINISTRATIVE REPORT
c~
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q, r-
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 3, 2009
APPROVED
DEPARTMENT HEAD /~/S
CITY ATTORNEY /~ /
CITY MANAGER F~
SUBJECT: Amendment No. 2 to Agreement No. 07-198 with Zim Industries dba Bakersfield Well and
Pump company extending the term for one (1) year and adding $100,000 (for a total not to
exceed amount of $200,000) to 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, if all parties agree. On June 11, 2009, Council executed Amendment No. 1 extending term
one year to expire in June 2009, no additional funds were added. If approved, Amendment No. 2 will add
$100,000 for a revised not to exceed amount of $200,000 and will extend term one year to expire in June
2010. Extending the Agreement allows the City to continue working with a good provider and saves staff
time and efforts required if this item were to be re-bid.
Purchasing Division
S:U'URCMADMIMAmendmentsWmendment #2 to Agreement 07-198, Zim Industries, April 22, 2009.doc
April 3, 2009, 9:45AM
o`~ ~ _,
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° ADMINISTRATIVE REPORT
c..
/F
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, .
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 3, 2009
SUBJECT: Annual Contracts for Water Meters. (Citywide)
APPROVED
DEPARTMENT HEAD_ /t~
CITY ATTORNEY
CITY MANAGER
1. Amendment No. 1 to Agreement No. 08-074 with Measurement Control Systems (not to
exceed $817,050) and extending term to May 5, 2010 for the annual contract -water
meters.
2. Amendment No. 1 to Agreement No. 08-075 with Badger Meters extending the term to
May 5, 2010 for the annual contract -water meters.
RECOMMENDATION: Staff recommends approval of amendments to the Agreements
BACKGROUND: On May 7, 2008, Council awarded the Annual Contracts for water meters in the
amounts of $417,050.10 to Measurement Control Systems and $172,404.38 to Badger Meters. The
agreement allows for four (4) consecutive one-year extensions, if all parties agree. If approved,
Amendment No. 1 will add $400,000; for a revised not to exceed amount of $817,050 to Measurement
Control Systems and no additional funds for Badger Meters, both contracts will extend one year to expire
in May 2010. Extending the Agreements allow the City to continue working with good providers and saves
staff time and efforts required if these items were to be re-bid.
Purchasing Division
S:~PURCHWDMINWmendmentsWmendment #1 to Agreement 08-074 & 08-075, Measurement Control, Badger Meter, April 22, 2009.doc
April 3, 2009, 8:03AM
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~,..f.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 6, 2009
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~'
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-236 with AC Materials, Inc.
($78,660.00 for a revised not to exceed amount of $645,259.45) for the project
known as Shoulder Paving at S. Mt. Vernon Avenue from E. Belle Terrace to E.
Planz Road. (Ward 1)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: This project provides for the installation of a water line and shoulder paving work on
South Mt. Vernon Avenue.
During the construction of the water line, four previously undetected effluent pipes were discovered to be
in conflict with the water line to be installed on South Mt. Vernon Avenue. These conflicting large diameter
pipes are used in the transporting of treated effluent at Waste Water Treatment Plant No. 2. As such, the
water line must be offset at these four locations to go under these effluent lines. Further, protective
casings must also be installed around the water lines at these crossing points to shield the water line in
the event of a breach in the effluent pipe line. The contractor has agreed to do this work for the lump sum
price of $78,660.00.
This is the first change order to be submitted for this project. This change order will increase the project
total by $78,660.00 (which results in a 13.9% increase of the original contract amount) as illustrated below:
• Original Contract Amount = $566,599.45
• Amended Contract Agreement after Change Orders = $645,259.45
Net Increase to date = $ 78,660.00
RM (Constructlon)
Aprll 8, 2009,1:45PM
G:\GROUPDATWDMINRPT\2009\0422\CCO 1 Mt. Vernon Shoulder Paving.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: April 9, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY per.
CITY MANAGER /~
SUBJECT: Contract Change Order No. 2 to Agreement No. OS-196 with Kern Pacific Construction
Company ($75,997.26 for a revised not to exceed amount of $655,082.07) for the Friant-
Kern Canal Liner Replacement Project (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The Westside Parkway Project, which is being administered by the Thomas Road
Improvement Program (TRIP) staff, will include an overcrossing for the Friant-Kern Canal. The Friant-Kern
Canal is owned by the Bureau of Reclamation and is operated and maintained by the Friant Wa#er User's
Authority. To minimize future maintenance of the canal beneath the Westside Parkway overcrossing, these
agencies required that the existing concrete canal liner in the vicinity of the overcrossing be replaced with
steel reinforcement and thicker concrete liner.
Change Order No. 2 provides for additional premium labor charges, equipment rental and material
surcharge costs due to an accelerated schedule. The original license agreement with the U.S. Bureau of
Reclamation, who is the owner of the canal, authorized work to be completed by January 10, 2009 and this
date was listed in the project bid specification. However, the Friant Kern Water User's Authority, who
operates the canal, subsequently determined they needed the canal to be operational by December 31,
2008 in order to meet their water delivery obligations and avoid any liquidated damages. This change
order results in a net increase of $75,997.26.
The net cost increase of Change Order 2 is $75,997.26. This provides a total cost increase to date of
$81,542.07. (which is a 14% increase from the original contract price) as illustrated below:
• Current Contract Amount = $573,540..10
• Contract Agreement after Change Orders = $655,082.07
Net Increase to date = $ 81,542.07
Adequate state/federal funds have been previously budgeted to cover these additional costs.
S:\1 -TRIP PROJECTS\14 -Westside Parkway\550 - Construction\550C -Change OrdersWdmin. CCO 2 FKC Project -.doc
a
~ ~
ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar.
ITEM: ~7, v,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 9, 2009
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 05-132 with H & H Engineering Construction, Inc. for
repair and maintenance of Bakersfield Amtrak Railroad to extend term of agreement (No
increase in compensation) (Ward 2).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On March 30, 2005 H & H Engineering Construction, Inc. entered into Agreement No.
05-132 to repair and maintain the Bakersfield Amtrak Railroad until twelve midnight on March 31, 2009.
By Amendment No. 1 this agreement was extend to April 30, 2009 at no additional cost to the City.
Amendment No. 2 will extend this agreement to July 31, 2009 at no additional cost to the City. This would
allow adequate time to solicit new bids for the new maintenance period beginning August 1, 2009.
wgm
KAM604
April 9, 2009, 2:39PM
G:\GROUPDAIIADMINRPT12009\0422\Amendment No. 2 to Agreement No. 05-132.doc
A
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° .ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 9, 2009
APPROVED
DEPARTMENT HEAD T~i~
CITY ATTORNEY
CITY MANAGER /~
Reject all bids for Bakersfield Amtrak Railroad Maintenance and Repair
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: For the past eight years the City of Bakersfield has maintained and repaired the
Bakersfield Amtrak Railroad track from "H" Street to Union Avenue by contract with a railroad construction
company. The current contract with H&H Engineering Construction will expire on April 30, 2009. The City
advertised for bids on the new contract in February 2009 with a Bid Opening Date of March 26, 2009. Staff
used the same format of requiring a contractor with an "A" license to bid this project as it had in the past.
When bids were received, the apparent low bidder, a company who has not previously bid a City project,
had the require license; however that company did not have any experience in track maintenance and
repair. Therefore, staff recommends that these bids be rejected and this project be readvertised with an
experience requirement of eve years in construction and maintenance of passenger rail track Class 2 or
higher track as established by the Federal Railroad Administration.
wgm
KAM604
Apri19, 2009, 9:03AM
G:\GROUPDAIIADMINRPT\2009\04-22\Bakersfield Amtrak Railroad.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 7, 2009
APPROVED
DEPARTMENT HEAD i~
CITY ATTORNEY /fir
CITY MANAGER /~
Accept bid and award contract for Roof Replacement at 1000 South Owens Street, Martin
Luther King Community Center Building.
1. Accept base bid and additive alternate and award contract to Graham Prewett,
Incorporated in the amount of $320,000 for roof. replacement at 1000 South Owens
Street, Martin Luther King Community Center Building. (Ward 1)
2. Transfer $20,000 CDBG Contingency funds from the Operating Budget to the Capital
Improvement budget within the Community Development Block Grant Fund for the
Martin Luther King Roof Replacement Project. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract to Graham Prewett,
Incorporated for roof replacement at 1000 South Owens Street, Martin Luther King Community Center
Building.
BACKGROUND: Invitations to bid were sent to over three hundred (300) bidders for roof replacement at
1000 South Owens Street, Martin Luther King Community Center Building. The base bid amount was
used to determine the low bid as specified in the bid documents. Funds in the amount of $300,000 are
budgeted in the 2008-2009 fiscal year for this project. A transfer of $20,000 CDBG Contingency funds is
necessary to award the Additive Alternate amount, thereby allowing the replacement of the entire roof
surface of the Martin Luther King Complex. Four (4) bids were received in response to the solicitation as
follows:
Graham Prewett, Inc in the amount of Base Bid
Fresno, CA Additive Alternate
Total Bid
Best Contracting Services, Inc in the amount of Base Bid
Gardena, CA Additive Alternate
Total Bid
Garcia Roofing, Inc in the amount of Base Bid
Bakersfield, CA Additive Alternate
Total Bid
$264,000.
.56.000
$320,000
$265,203
$291,385
570
$330,955
Purchasing Division
S:\PURCHWDMIMRoof Replacement 1000 So Owens (re-bid), 08-09-48, April 22, 2009.doc
ADMINISTRATIVE REPORT
Tri-Counties Roofing Co., Inc in the amount of Base Bid $414,500
Visalia, CA Additive Alternate 63.640
Total Bid $478,140
This project originally went out to bid in the fall of 2008. In a department review of the bid responses it
was identified that some necessary documents for qualifications of Federal funding were not included in
the bid package and the project was rejected at the January 14, 2009 Council meeting. The item was re-
bid including complete paperwork for qualification of CDBG funding. The low bid from Graham Prewett,
Incorporated has been reviewed and is compliant with all necessary HUD paperwork.
Staff recommends award of the Base Bid and Additive Alternate in the amount of $320,000 and approval
of the $20,000 transfer of funds to allow the necessary roof replacement of 1000 South Owens Street,
Martin Luther King Community Center Building.
Purchasing Division
S:\PURCMADMIMRoof Replacement 1000 So Owens (re-bid), OS-09-48, April 22, 2009.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 9, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Qom.
CITY MANAGER ~w
SUBJECT: Accept bid and award contract to Granite Construction Company ($1,479,870.00) for the
construction of Street Improvements: Along White Lane from Dovewood Street to Wible
Road (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The purpose of this project is to:
1. reconstruct the existing pavement along White Lane from Dovewood Street to Wible Road;
2. restripe the newly reconstructed roadway to add an additional travel lane in each direction, going
from the existing condition of two lanes, to the proposed configuration of three lanes in each
direction; and
3. to construct parking pockets on the north and south sides of White Lane.
This project will allow the City to maintain the current on-street parking condition for the adjacent
residents, while expanding the number of travel lanes in this segment to improve traffic flow.
A public information meeting was held on April 16, 2009 at Sandrini Elementary School where City Staff
discussed the project's details and answered the public's question regarding the project.
This project is funded entirely with Proposition 1 B funds. The Engineer's Estimate for this construction
contract was $2,300,000. There are sufficient funds in the project account for this contract.
On March 4, 2009, seven (7) acceptable bids were received as follows:
Granite Construction Co.
585 W. Beach St.
Watsonville, CA 95076 in the amount of $1,479,870.00
Griffith Co.
1989 S. Union Ave.
Bakersfield, CA 93307 in the amount of $1,544,000.00
Teichert Construction
4533 E. Citron Ave.
Fresno, CA 93725 in the amount of $1,673,537.50
April 8, 2009, 4:44PM
G:\GROUPDATWDMINRPT\2009\0422\SUeet Improvements Along Whlte Lane_Dovewood to Wible.doc
Project No. T9K122
ADMINISTRATIVE REPORT
A/C Materials, Inc.
3527 Brian Way
Bakersfield, CA 93308 in the amount of $1,906,033.77
C.A. Rasmussen, Inc.
28548 Livingston Ave.
Valencia, CA 91355 in the amount of $1,933,264.20
V. Lopez Jr. 8 Sons, Inc
200 E. Fesler #101
Santa Maria, CA 93454 in the amount of $1,948,528.58
T.D. Whitton Construction, Inc.
4801 Wible Road
Bakersfield, CA 93313 in the amount of $2,077,940.71
PWEngrrlm
April 8, 2009, 4:44PM
G:\GROUPDATWDMINRPT\2009\0422\Street Improvements Along White Lane_Dovewood to Wible.doc
Project No. T9K122
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q, z ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas
DATE: April 9, 2009
DEPARTMENT HEAD
CITY ATTORNEY ~ r
CITY MANAGER /W
SUBJECT: Accept bid and award contract to Lee Wilson Electric ($109,795.50), for Traffic Signal and
Lighting System Installation at Berkshire Road and Wible Road (Ward 7).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installation of a complete traffic signal and lighting system,
modification of pavement markings and striping, and reconstruction of access ramps to meet current
American with Disabilities Act (ADA) requirements. This project is federally funded through the Congestion
Mitigation and Air Quality (CMAQ) program of which 88.53% is the federal share and 11.47% is the local
share. The Engineers Estimate for this construction contract was $149,000. There are sufficient funds in
the project account for this contract.
On March 18, 2009, a total of five bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
Lee Wilson Electric Company, Inc
1151 EI Camino Real
Arroyo Grande, Ca 93420 in the amount of $109,795.50
Woeste Electric, Inc
943 S. 4"' Street
Grover Beach, Ca 93433 in the amount of $118,733.33
A-C Electric Company
315 30"' Street
Bakersfield, Ca 93301 (City) in the amount of $139,999.80
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, Ca 93308 (County) in the amount of $143,688.20
Christopher R. Morales, Inc
155 N. Eucla Avenue
San Dimas, Ca 91773 in the amount of $164,917.00
pw/design engineering/nsg-T8K147
April 9, 2009, 4:58PM
G:\GROU PDATW DMINRP112009\04-22\TS-Berksh ire_Wible.doc
A KE
OF~coaroR,,re nis
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d ADMINISTRATIVE REPORT
`~ 1 0
MEETING DATE: April 22, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q. Ga
TO: Honorable Mayor and City Council
FROM: William R. Rector, Chief of Police
DATE: April 10, 2009
APPROVED
DEPARTMENT HEAD i.,~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $275,000 Asset Forfeiture Funds to the Police Department's FY2008-09
Operating Budget within the General Fund to balance the budget in the case of unanticipated overtime
expenditures.
RECOMMENDATION:
Staff recommends the approval of the appropriation.
BACKGROUND:
The Bakersfield Police Department (BPD) has historically been accustomed to operating with a healthy
margin of salary savings to cover overtime in the case of emergencies. As part of the Phase I reductions
to the FY2008-09 General Fund Budget, the Police Department has cut 6.8% from its operating budget
($4,746,180). Part of the reductions includes the elimination of 29 sworn positions and a reduction of
$1,000,000 from overtime.
With only a very slim margin left to cover overtime in the case of an emergency call out (i.e., homicide, sex
crimes, and critical incidents), there is the potential for exceeding our operating budget prior to the end of
the fiscal year. Therefore, the BPD requests an appropriation in the amount of $275,000 from the Police
Asset Forfeiture Fund to prepare for unanticipated overtime expenses due to emergency call outs.
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ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Closed Session
ITEM: , ~ ,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 2, 2009
APPROVED
DEPARTMENT HEAD /~
CITY ATTORNEY yC°
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI SessWdmins\08-09\4-22-09LaborNag.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Closed Session
ITEM: ~ ~,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /~r
DATE: March 24, 2009 CITY ATTORNEY V~-
CITY MANAGER
SUBJECT: Public Employee Performance Evaluation -City Manager
Closed session pursuant to Government Code section 54957(b)(1) / 54957.6
VG:Isc
S;\COUNCIL\CI SessVldmins\OB-09\4-22-09-CMEval.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 22, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 14, 2009
APPROVED
DEPARTMENT HEAD ~~~
CITY ATTORNEY ~~
CITY MANAGER l~
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Robert Pratt v. City of Bakersfield
KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW
VG:Isc
S:\COUNCIL\CI Sess\AdminsWB-09\422-09ExistLlt.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Hearings
ITEM: ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 26, 2009
A ROVED
DEPARTMENT HEAD '~
~'
CITY ATTORNEY ~r
CITY MANAGER FJ
Hearing to consider a resolution establishing industrial and commercial sewer service user
surcharges for Fiscal Year 2009-10 (Wards 1-7).
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380
of the Bakersfield Municipal Code to cover the cost of operation and maintenance for the sewer treatment
plants and for the existing sewer collection system. Commercial and industrial users represent
manufacturing and most business entities. An annual flat rate sewer fee (reviewed annually) is collected
with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. In
addition, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial sewer
users exceed the baseline amount. The adjustments to the surcharge schedule are calculated based on
annual operating costs and capital improvement costs related to sewer/storm water collection systems
and wastewater treatment plants. City staff is recommending an increase in the surcharge rates for
Fiscal Year 2009-10. If approved, the surcharge rate will increase according to the following schedule.
Surcharge Schedule -Commercial and Industrial
This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen
demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. The surcharge for
the excesses shall be as follows:
Flow
Biochemical Oxygen Demand (BOD)
Total Suspended Solids (TSS)
$1,416.36/million gallons (6.7% increase)
$118.86/1000 pound (24.3% increase)
$95.76/1000 pound (18.4% increase)
Note -These percent increases depend upon the cost for construction, operation, and
maintenance for the above three items. Flow will be estimated based on water consumption
records during the three (3) winter months from December to February. This is to adjust for
water used for irrigation that will not flow into the sewer system.
The April 3, 2009 General Information Packet included a memo from the Public Works Director regarding
the FY 2009/10 sewer user rates for residential customers. In this memo, staff recommends adjusting the
annual residential user rate for a single family dwelling from $178 to $195. This translates to a 9.6%
G:\GROUPDATWDMINRPT12009\04-22V1dmin Rpt 09-10 Industrial-Commercial Users.doc
ADMINISTRATIVE REPORT
Page 2
increase or a monthly increase of $1.42. The hearing for this proposed increase is scheduled for the June
10, 2009 City Council meeting. Proposition 218 notices have already been mailed out informing
customers of the proposed increase.
Although residential accounts are proposed to increase by a flat 9.6% that is not true for industrial and
commercial surcharge accounts. The residential rate includes "typical" single family characteristics which
include flow, BOD, and TSS costs. The calculations for a single family unit include 300 gallons per day of
flow, 225 milligrams per liter for BOD, and 180 milligrams per liter for TSS. This is consistent with the
current Revenue Program guidelines for Wastewater and Stormwater Facilities. On the other hand,
industrial and commercial surcharges are based upon state standards or actual sampling data. Staff
computes flow, BOD, and TSS usage separately and then applies the appropriate rate for their usage.
The large increase in BOD and TSS costs for industrial and commercial users is related to the debt
service. Because of declining connection fee revenue, more of the debt service must be recovered
through the sewer user fee. Last year, close to $7.2 million was collected through the sewer user fee. In
FY 09/10, $9.5 million must be collected through the sewer user fee to service the bonds issued for the
Plants. Staff has made every effort to cut operating costs to help compensate for the increase in bond
payments included in the sewer user fee.
Residential groups comprise 94% of all sewer customers. Industrial and commercial user groups
comprise 6% of all sewer customers. Three examples below illustrate the impact on industrial and
commercial users.
TYPE OF INDUSTRY FISCAL YEAR 08-09 CHARGE FISCAL YEAR 09-10 CHARGE
TYPICAL BANK $31.36 er month $33.73 r month 7.6% increase
BOWLING $2,320.93 per month $2,542.73 per month (9.6% increase)
ALLEY/RESTAURANT
VERY LARGE INDUSTRIAL
$19,436.49 per month
$22,621.76 per month (16.4%
USER increase
The surcharge fee increase as shown in the above table does not exactly match the single family increase
in most cases because each individual industrial and commercial user that is assessed a surcharge has
unique amount of waste disposal to the sewer that is different than the single family home. The objective
of the surcharge is to capture this unique waste disposal to the sewer and assess them the fee
accordingly, thus the sewer fee is equitably distributed to the industries that discharge more to the sewer.
G:\GROUPDATWDMINRPT\2009\04-22\Admin Rpt 09-10Industrial-Commercial Users.doc
MEETING DATE: April 22, 2009 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD -~-
DATE: March 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Certification of Final Environmental Impact Report for the Amended Hillside
Development (HD) Combining Zone Ordinance (Bakersfield Municipal Code, Chapter
17.66) (Ward 3)
Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for the Amended Hillside Development (HD) Combining Zone Ordinance
(Bakersfield Municipal Code, Chapter 17.66).
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final Environmental Impact Report for the
Amended Hillside Development (HD) Combining Zone Ordinance (Bakersfield Municipal Code,
Chapter 17.66).
BACKGROUND:
The Environmental Impact Report was prepared in compliance with the Writ of Mandate issued by the
Kem County Superior Court. The purpose is to assess potential environmental effects resulting from
the implementation of the amendments to the original Hillside Development Combining Zone. The
EIR is in compliance with the California Environmental Quality Act (CEQA).
The City of Bakersfield's original Hillside Development Combining Zone Ordinance (Bakersfield
Municipal Code, Chapter 17.66) was adopted on August 11, 1999. During the two-year development
period of the original Hillside Ordinance; many proposals for what the ordinance should or should not
include were discussed. Participants in the discussion included Building Industry Association (BIA),
members of the public, engineers, individual developers representing large property owners, and
Planning staff.
Portions of the Metropolitan Bakersfield General Plan Open Space Element that were not addressed
in the original Hillside Ordinance resurfaced as development pressure mounted in the hillside areas
of the Northeast. In 2003, City Council directed Planning staff to examine the potential long-term
effects of development along the bluffs in Northeast Bakersfield. In March of 2005, City Council
requested that staff recommend ways to clarify and strengthen the original Hillside Ordinance. The
Planning and Development Committee of the City Council proposed changes concerning hillside
stability, lot, fence setbacks, and the use of landscaping. The first draft of the Amended HD
Ordinance was available for public comment in May 2005, and the Bakersfield Planning Commission
heard input on the draft on June 2, 2005. In response to public comments, additional information
ADMINISTRATIVE REPORT
Page 2
gained from the City's consultant team and review of additional ordinances from other jurisdictions,
clarifications and changes were incorporated into the Amended HD Ordinance.
The City of Bakersfield filed a Notice of Exemption for the Amended HD Ordinance with the California
Office of Planning and Research on May 13, 2005; however, in response to comments heard in the
public hearing for the Amended HD Ordinance on whether an EIR was required, City staff prepared
an Initial Study. Based on the Initial Study, staff determined the Amended HD Ordinance would not
significantly affect the environment, and therefore, a Negative Declaration was prepared and
circulated for public review from May 17, 2006 through July 6, 2006. On November 15, 2006, the City
Council adopted Ordinance No. 4391, amending the Hillside Development (HD) Combining Zone of
Title 17, Chapter 17.66 of the City of Bakersfield Municipal Code (Amended HD Ordinance), based
on a Negative Declaration concerning the potential environmental impacts of the Amended HD
Ordinance.
In turn, opponents of the Amended HD Ordinance filed a lawsuit entitled DKS Investments,LLC, et. al.
v. The City of Bakersfield, et al., Kern County Superior Court Case No. S-1500-CV-259731 KCT
(Lawsuit), alleging that the City should have prepared an Environmental Impact Report (EIR) to
evaluate the potential significant impacts of the Amended HD Ordinance with respect to the potential
for lower density development, which may ultimately result in the loss of agricultural land, increased
air pollution, and/or increased energy consumption as development would potentially be indirectly
directed to the Valley floor, due to development restrictions on the hillsides. The Kern County
Superior Court agreed and, on March 21, 2008, entered a Judgment in the Lawsuit and issued a
Peremptory Writ of Mandate, directing the City of Bakersfield to void the Negative Declaration
concerning the Amended HD Ordinance and to prepare, consider, and certify an EIR for the
Amended HD Ordinance. Pursuant to the Judgment and Peremptory Writ of Mandate in the
Lawsuit, the Amended HD Ordinance was allowed to continue in full force and effect.
The City of Bakersfield prepared and distributed the Initial Study and a Notice of Preparation (NOP)
for the Draft EIR on June 12, 2008 fora 30-day state-mandated public review period. The public
review period closed on July 11, 2008. In addition, a public scoping meeting was held on July 10,
2008, at the City of Bakersfield Development Services Department Building to allow for public input
on the environmental issues associated with the Project. The Draft EIR incorporated and/or
responded to all comments made at the public scoping hearing and correspondence received during
public review.
On January 9, 2009, the City of Bakersfield filed a Notice of Completion and submitted the Draft EIR
(SCH #2008061069) to the State Clearinghouse in accordance with CEQA which commenced a 45-
day public review period. In addition, the City of Bakersfield sent a Notice of Availability to public
agencies, other interested organizations and individuals, and property owners within the project
boundaries and within 300 feet of the project site in accordance with CEQA. On February 5, 2009, a
hearing was held by the Planning Commission to accept comments on the adequacy of the Draft EIR.
Comments from the public and the Planning Commissioners were received. Responses to the
comments are included in the Final EIR. On March 16, 2009, the Final EIR was completed and was
provided to commenting parties and agencies. On March 19, 2009, the Planning Commission
recommended certification of the Final EIR for an amendment to the Hillside Development (HD)
Combining Zone Ordinance (City of Bakersfield Municipal Code, Chapter 17.66) by Resolution No.
08-09 to the City Council.
The intent of the Final EIR is to assess potential environmental effects resulting from the
implementation of the amendments to the City of Bakersfield's original Hillside Development
Combining Zone Ordinance (City of Bakersfield Municipal Code, Chapter 17.66), adopted August 11,
ADMINISTRATIVE REPORT
Page 3
1999. The area affected by the Amended HD Zone covers 6,531 acres. The Amended HD
Ordinance provides additional requirements, in addition to those given in the original Hillside
Development Ordinance, to protect views, regulate grading, roadway grades, and promote wildfire
prevention efforts. The Amended HD Ordinance is to "define and implement the goals and policies of
the Metropolitan Bakersfield General Plan as they relate to the preservation and maintenance of
hillsides as a scenic resource of the City and to protect the general public from the threat of wildfire,
hillside instability, and landslides.° In combination with policies given in the Metropolitan Bakersfield
General Plan, the Amended HD Ordinance would minimize potential impacts as the result of erosion
and/or impacts to the existing aesthetic value of the hillsides, as well as address general public safety
concerns relative to placement of structures on the edge of (or cantilevered over) ridgelines,
development on steep slopes, angular manufactured slopes, significant grading, and erosion due to
irrigation practices and broken pipes. The Amended HD Ordinance would accomplish this through the
use of viewshed setbacks, property line and fence location standards, landscaping, slope protection
areas, and additional application requirements.
This EIR provides an assessment of potentially significant effects of the proposed Project with respect
to the following issue areas: Land Use and Planning; Agricultural Resources; Aesthetics, Light and
Glare; Traffic and Circulation; Noise; Air Quality; Biological Resources; Cultural Resources; Public
Services and Utilities; Geologic and Natural Hazards; Hydrology and Water Quality; Population and
Housing; and, Public Health and Safety. It was found through preparation of the EIR that no
significant impacts would occur as the result of the Project.
Staff and the Planning Commission recommend certification of the Final EIR and determine that there
are no significant effects on the environment for which a mitigation monitoring and reporting program
must be adopted pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section
15091(d).
JSS:IGPA 1st 20091Chapter 17.88 (Hillside Ordinance EIR)1Statf ReportsVldmin Report.doC
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ADMINISTRATIVE REPORT
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I
MEETING DATE: April 22, 2009 AGENDA SECTION: New Business
ITEM: ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2. to Resolution No. 140-08 Approving Memorandum of Understanding for
Employees of the Blue and White Collar Units and Adopting Salary Schedule and Related
Benefits
RECOMMENDATION:
1. Staff recommends adoption of the Resolution.
2. Express the thanks of the City of Bakersfield to the SEIU, Local 521 Collective Bargaining Unit and
to the Blue and White Collar Employees for deferring their scheduled pay increase in 2009 to
assist in reducing the budget shortfall.
BACKGROUND:
On August 8, 2008, the City Council adopted a Resolution Approving the Memorandum of Understanding
for Employees of the Blue and White Collars Units and Supervisory Units, as ratified by the members of
SEIU, Local 521. It provided for a three year agreement, effective from January 1, 2008 to December 31,
2010 and included pay increases, as follows:
a. 3% effective December 24, 2007
b. 1 % effective July 7, 2008
c. 4% effective December 22, 2008
d. 4% effective December 21, 2009
On April 1, 2009, the City Council adopted an amendment to Resolution 136-08 to rescind the 4% salary
increase scheduled to go into effect on December 21, 2009 for General Supervisory, Police Supervisory
(Non-Safety), and Management employees. The Management and Supervisory employees agreed to the
action as a way to assist in partially reducing a $6.0 million shortfall to our FY 2009-10 budget, based on
additional projected property and sales tax losses.
In my administrative report for that item, I explained that by asking our employees to forgo the December
2009 pay increase, the $6.0 million shortfall would be reduced to approximately $3.0 million. While that is
an unfortunate solution and only partially solves the problem, it would cause less damage to City
operations than alternative actions we would otherwise be forced to take.
April 14, 2009, 10:53AM
BI ueandW hite-Reso-FourPercent-041009
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1
I also reported to you that I had met with representatives of the SEIU Blue and White Collar Collective
Bargaining Unit on March 12, 2009, to request that they present to their members the same proposal to
relinquish the 4% cost of living increase in December, 2009.
I am pleased to inform you that our negotiations with SEUI, Local 521 culminated in ratification by their
members of the following proposed changes to Resolution No. 140-08 approving the Memorandum of
Understanding:
1. Extension of the Memorandum of Understanding to December 31, 2011, and allow a 2%
increase, effective December 2010 and a 2% pay increase, effective September 2011;
2. "Bumping" will be allowed to other departments in which an employee has worked in the last
five (5) years;
3. There will be no mandatory furloughs during the term of the agreement unless by mutual
agreement. Voluntary furloughs may be utilized by the City to avoid layoffs at the discretion of
the City Manager.
We appreciate the understanding and cooperation the Blue and White Collar employees have shown by
deferring their pay raise in 2009. In doing their part to reduce the $6.0 million shortfall, there will be less
damage to City operations and our ability to provide services to the taxpayers.
April 14, 2009, 10:55AM
BlueandWhite-Reso-FourPercent-041009
AT: RS
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 1, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:40 p.m.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Hanson, Sullivan
Absent: Councilmember Couch
2. INVOCATION by Assistant Pastor Roland Banks,
Compassion Christian Center.
3. PLEDGE OF ALLEGIANCE by Karissa Nickeson, 8th Grade
Student, Freedom Middle School.
Mayor Hall recognized Karissa Nickeson, who read her
award-winning essay regarding American Veterans.
Mayor Hall acknowledged the students in the audience.
4. PUBLIC STATEMENTS
a. Glen Rains spoke regarding a land use decision
involving the policies of the Metropolitan Bakersfield
General Plan jointly adopted by the City of
Bakersfield and the County of Kern in 2002, and
specifically with a new County policy that high-
density apartments in an active fault corridor are
consistent with the polices of the Safety/Seismic
Element of the Metropolitan Bakersfield General
Plan; and provided written material.
Councilmember Benham referred Mr. Rains'
concerns to the Planning and Development
Committee, and asked that he be notibed in
writing of the date of the meeting.
ACTION TAKEN
b. Stephen Pelz, Chairman of the Kern County
Homeless Collaborative, spoke regarding rapid re-
housing for the homeless.
Bakersfield, California, April 1, 2009 -Page 2
4. PUBLIC STATEMENTS continued
c. Paul Ricker, President of the Kern County Soccer
Foundation, spoke to ask that the City of Bakersfield
enter into a partnership arrangement with the Kern
County Soccer Foundation to make soccer better
for all of Kern County; and provided written material.
Councilmember Hanson referred Mr. Ricker's
issue to the Budget and Finance Committee.
Councilmember Hanson referred Mr. Pelz' issue
regarding homeless housing to the Buget and
Finance Committee.
d. Jan Gary, President of Citizens for a New Oildale,
spoke to ask for maintenance on Manor Street,
between the Bridge and Union Avenue, and for a
light for public safety in the area of the Bakersfield
Bridge on North Chester Avenue; and provided
written material.
Councilmember Weir asked staff to contact Ms.
Gary regarding her issues, and follow up with
him.
Councilmember Sullivan asked staff to evaluate
the area to determine if and when the City can
do something about it.
e. Susanne Lange, Secretary of Citizens for a New
Oildale, expressed her appreciation for the
beautification efforts on the Bridge heading north
into Oildale.
Dr. Michelle McLean, Principal of Wayside
Elementary School, and Jeanette Wiley, After
School Program Specialist, recognized Mayor Hall
and Chief of Police Rector with plaques for their
support of Wayside Elementary School.
5. WORKSHOPS
ACTION TAKEN
None.
Bakersfield, California, April 1, 2009 -Page 3
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Valley Achievement Center -Jolene Billinger,
Founder and Director; Laura Williams, Board
Member; and Joe Tallman, Vice-President and Past
President, declaring April 2009 National Autism
Month in the City.
Jolene Billinger received the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Paige Atkison, declaring April 1, 2009, Paige
Atkison Day in the City.
Paige Atkison received the Proclamation and made
comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 11, 2009 Regular
City Council Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from February 27, ABS WEIR
2009 to March 19, 2009 in the amount of
$30,867,920.56 and self-insurance payments from
February 27, 2009 to March 19, 2009, in the amount
of $464, 241.04.
Ordinances:
c. Adoption of Ordinance approving a Negative ORD 4570
Declaration, amending Title 17 (Zone Map No.
101-23) of the Municipal Code by changing the
zoning from A (Agriculture) to C-2/PCD
(Regional Commercial/Planned Commercial
Development), C-O/PCD (Professional and
Administrative Office/Planned Commercial
Development) and E (Estate) on 32.91 acres
generally located at the northeast corner of
Rosedale Highway and Jenkins Road. (ZC 08-
1079) (Applicant: E & R Surveying and Consulting
(Eric Sertic)/Property Owner: Henry Pham)
Bakersfield, California, April 1, 2009 -Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and authorize
collection of the assessments by the Kern
County Tax Collector.
e. Redevelopment Agency Tax Allocation Bonds 2009
Series A, B, C & D:
1. Resolution approving the issuance and sale
of not to exceed $16.5 million aggregate
principal amount of the Redevelopment
Agency 2009 Tax Allocation Bonds; and,
authorizing related actions.
2. Resolution authorizing the expenditure of
Redevelopment Agency funds for
construction of those certain public
improvements specified in the Series A and
Series B Tax Allocation Bonds and making
certain determinations in connection
therewith.
3. Resolution authorizing the expenditure of
Redevelopment Agency low and moderate
housing funds for construction of affordable
housing projects outside the individual
project area and the combining of low and
moderate housing tax increment for all
three project areas as the security of the
Series D 2009 Tax Allocation Bonds and
making certain determinations in connection
therewith.
f. Resolution of Application proposing annexation of
uninhabited territory to the City identified as
Annexation No. 618 consisting of 2.89 net acres
located on the west side of Allen Road, north of
Stockdale Highway.
g. Resolution determining that bidding for City radio
communications equipment cannot be reasonably
obtained through the usual bidding procedures due
to the need to integrate into the existing City radio
infrastructure and authorizing the Finance Director
to dispense with bidding therefore, not to exceed
$240,000.
RES 033-09
RES 034-09
RES 035-09
RES 036-09
RES 037-09
RES 038-09
8.
Bakersfield, California, April 1, 2009 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
h. Resolution forming a Traffic Signal Maintenance RES 039-09
District TS-20 (So H, Panama SE), confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
i. Resolution of Intention No. 1633 to add territory, 8011633
Area 4-91, to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
j, Agreement with Brown Armstrong Paulden McCown AGR 09-033
Starbuck Thornburgh & Keeter ($62,800) for a full
scope annual audit of the 2008-09 fiscal year.
k. Agreement with SMG (not to exceed $50,000) for AGR 09-034
reimbursement of costs associated with the rental of
Rabobank Arena for the Christian Congregation of
Jehovah's Witnesses conventions.
I. Agreement with Wilson & Associates (total not to AGR 09-035
exceed $113,200) to provide continuing disclosure
services for various Special Assessment Districts.
m. Amendment No.5 to Agreement No. 04-241 with AGR 04-241(5)
CompuCom Systems, Inc. ($5,750.09; revised total
not to exceed $ 236,009.50) to provide Microsoft
Licenses for 1029 City computers.
n. Amendment No. 1 to Agreement No. 07-079 with AGR 07-079(1)
PlanNet Consulting ($26,600; revised total not to
exceed $220,730) for professional services for a
voice communication systems.
o. Amendment No. 2 to Agreement No. 06-023 with AGR 06-023(2)
MuniServices, LLC to expand the scope of work to
include property tax audit services.
p. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 06-1877 (Bakersfield
Commons Project) located north of Brimhall Road,
generally east and west of Coffee Road.
1. Amendment No. 1 to Agreement No. 07-021 AGR 07-021(1)
with Christopher A. Joseph & Associates
($195,162) for preparation of EIR.
2. Appropriate $195,162 (developers'
contribution) to the Development Services
operating budget in the General Fund for the
EIR consultant.
8.
Bakersfield, California, April 1, 2009 -Page 6
CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 2 to Agreement No. 07-110 with AGR 07-110(2)
Pavement Recycling Systems, Inc. ($800,000;
revised total not to exceed $3,200,000 and
extending term for one year) for cold planing.
r. Contract Change Order No. 1 to Agreement AGR 08-211
No. OS-211 with Granite Construction Co. CCO 1
($28,697.81; revised total not to exceed
$885,553.81) for Mill Creek Linear Park Phase 5A
Canal Facilities Project.
s. Contract Change Order No. 4 to Agreement AGR 08-039
No. 08-039 with V Lopez and Sons, Inc. CCO 4
($11,922.10; revised not to exceed $852,845.05) for
the Streetscape and Storm Drain Improvements -
19`h Street at Eye Street Project.
Bids:
Miscellaneous:
t. Accept transfer and appropriate residual fund
balance of $229,154.31 from the Bakersfield
Public Financing Authority to the City's Capital
Outlay Fund for future capital or maintenance
needs of the Rabobank Arena and Convention
Center complex.
Appropriate $147,500 Old Town Kern
Redevelopment Project Area Fund Balance to the
operating budget within the Old Town Kern
Redevelopment Project Area Fund for Mill Creek
Area project infrastructure, utilities and
undergrounding.
9.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through u. AB COUCH
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution increasing RES 040-09
hangar and tie-down fees for the Bakersfield
Municipal Airport.
b. Public Hearing to consider Resolution ordering the RES 041-09
summary vacation of County Road 769 located off
Alfred Harrell Highway and northeast of Fairfax
Road.
Consent Calendar Hearings opened at 6:18 p.m.
9.
10.
11.
Bakersfield, California, April 1, 2009 -Page 7
CONSENT CALENDAR HEARINGS continued ACTION TAKEN
No one spoke.
Consent Calendar Hearings closed at 6:19 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 9.a. and b. AB COUCH
HEARINGS
None.
REPORTS
a. Budget and Finance Committee Report on
streamlining the billing system for blue cart recycling
service.
Public Works Director made staff comments.
Motion by Councilmember Hanson to direct staff APPROVED
to schedule a public hearing and make AB COUCH
improvements to the billing system.
12.
13.
DEFERRED BUSINESS
None.
NEW BUSINESS
a. Amendment No. 3 to Resolution No. 136-08 setting RES 136-08(3)
salaries and related benefits for officers and
employees of the General Supervisory, Police
Supervisory (Non-Safety) and Management Units.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Scrivner to adopt the staff APPROVED
recommendations. AB COUCH
Mayor Hall offered further reductions by
pledging 7% of his salary to assist with the
deficit, and asked the City Manager to facilitate
the paperwork.
In response to a question by Councilmember
Hanson, City Manager Tandy advised that the
Management and Supervisory employees made the
sacrifice with the understanding it was the intention
of the City Council to treat all groups equally, which
is an understanding based on good faith.
13
Bakersfield, California, April 1, 2009 -Page 8
NEW BUSINESS continued ACTION TAKEN
b. Mountain View Bravo, LLC and Hillcrest Bank:
1. Amendment No. 4 to Agreement No. 05-285 AGR 05-285(4)
(Settlement Agreement) with Mountain View
Bravo, LLC and Hillcrest Park.
2. Resolution terminating Agreement Nos. 06- RES 042-09
365 and 06-366 with Mountain View Bravo,
LLC for improvements to City in the Hills
Park West located at City Hills Drive and
Kuma Way, and City in the Hills Park East
located at City Hills Drive and Manchester
Lane.
Administrative Analyst Teglia made staff comments.
Councilmember Benham stated that in the future,
when the economy picks up, she would like to
explore the possibility that future agreements be
structured to minimize this type of situation from
reoccurring.
Motion by Councilmember Weir to approve the AppROVED
Amendment and adopt the Resolution. AB COUCH
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to make an
analysis and report back regarding reducing the
amount of paper provided to the Council, which can
perhaps be done electronically.
Councilmember Benham thanked the Council for its
steadfastness in supporting the Federal Courthouse as part
of the Mill Creek concept and vision, and thanked staff for
their hard work on this project, as well as our Legislative
representatives.
Councilmember Weir referred the issue of parking by
college students on Radcliffe to the Legislative and
Litigation Committee.
Councilmember Weir thanked the City in the Hills
community for their patience in resolving the Masterson
issue, and advised the landscaping issues have been
referred to staff.
Councilmember Weir advised he would like to have a
community meeting in May, with staff in attendance, to
discuss the Northeast concept for development in that
area.
Bakersfield, California, April 1, 2009 -Page 9
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson advised he has received calls
regarding reducing the recycling pick-up to once a month
because the carts are only half full, and Public Works
Director responded that the carts he has seen have been
full.
Councilmember Hanson requested that Paige Atkison
be provided with a DVD of the Mayor's presentation to
her at tonight's meeting.
Councilmember Hanson advised that James Geluso is no
longer representing The Californian, feels he did a good job
covering the City beat, and wished him well.
Councilmember Sullivan advised she was part of the
Mayor's freeway cleanup a week ago and noticed tonight
there is still too much litter, and encouraged community
pride to reduce littering.
In response to a question from Councilmember Sullivan,
City Manager Tandy provided a brief update on the timing
and process of the Federal Courthouse.
Councilmember Sullivan advised she will be going to
Athens, Greece, during Easter vacation.
Mayor Hall thanked Councilmember Sullivan for her
comments on litter pickup and community pride, and noted
and commended the volunteer efforts of Valley Bible
Fellowship Church in the community.
Mayor Hall advised there were 1,500 volunteers involved in
Great American Cleanup Day last weekend; advised of his
bumper sticker campaign; and announced the next Mayor's
freeway litter pickup is April 18tH
14. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for John M.
Tarabino, et al v. City; KCSC Case No. S-1500-CV-
257620 SPC.
c. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to Government
Code Section 54956.9. (One matter)
14.
15.
17.
Bakersfield, California, April 1, 2009 -Page 10
CLOSED SESSION continued ACTION TAKEN
City Clerk McCarthy announced that item 14.b. was
removed by staff.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 7:27 p.m. AB COUCH
Motion by Vice-Mayor Scrivner to adjourn from Closed APPROVED
Session at 8:25 p.m. AB COUCH
CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN
Government Code Section 54957.6. DIRECTION
b. Conference with Legal Counsel -Existing Litigation; DELETED
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for John M.
Tarabino, et al v. City; KCSC Case No. S-1500-CV-
257620 SPC.
c. Conference with Legal Counsel -Potential NO REPORTABLE
Litigation; Closed Session pursuant to Government ACTION
Code Section 54956.9. (One matter)
ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at 8:25 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield