HomeMy WebLinkAbout06/24/09_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JUNE 24, 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 Nancy McMaster, Valley Christian Church.
3. PLEDGE OF ALLEGIANCE by Rigo Enciso, 7th Grade Student at Thompson Jr. High School.
4. PUBLIC STATEMENTS
(10 min) 5. WORKSHOPS
a. Presentation by Ronald Brummett, Executive Director, Kern Council of Governments,
regarding SB375 (Steinberg).
6. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates to Number 1 Ranked Graduates in their
graduating classes in the Greater Bakersfield area by the Kern High School District.
7. APPOINTMENTS
a. San Joaquin Valley Air Pollution Control District - Governing Board:
1. Selection of Kern County Small City (under 100,000) nominee.
2. Resolution approving selected nominee.
Staff recommends Council determination and adoption of the Resolution.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 10, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from May 29, 2009 to June 11, 2009 in the amount of
$9,799,180.94 and self-insurance payments from May 29, 2009 to June 11, 2009 in the
amount of $243,190.74.
Ordinances:
C. Adoption of the following Ordinances:
1. Ordinance amending Section 12.56.050 relating to prohibited acts in parks.
2. Ordinance amending Section 12.56.070 relating to activities requiring a use permit.
3. Ordinance amending Section 12.56.090 relating to special events.
Resolutions:
d. Resolution declaring the results of the Special Municipal Election, held in the City of Bakersfield
on June 16, 2009 for the Kimberly No. 1 Annexation, Measure A, and declaring the territory
attached to the City of Bakersfield incorporated area.
8. CONSENT CALENDAR continued
e. Resolution approving records retention schedule for the Human Resources Division.
f. Resolution approving records retention schedule for the Economic and Community
Development Department.
(Ward 1,2,4,5,7) g. 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.
h. Amendment No. 2 to Resolution No. 118-94 revising the penalty for parking violations for
commercial vehicles.
(Ward 1) i. Sewer construction and connection fee(s) assessment for 4300 Joseph Drive:
1. Resolution confirming assessments for the construction and connection fee(s) and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Leonard A. Welte and Denise Welte to pay construction and
connection fee(s) in installments and notice of special assessment.
Agreements:
(Ward 4) j. Traffic Impact Fee Agreement with Frontier Ranch, LLC (estimate impact fee credit
$184,812) for improvements on Renfro and Kratzmeyer Roads.
(Ward 6) k. Agreement with Bakersfield-Mountain Gate, LLC ($62,606) for reimbursement of design
costs, plan check fees and inspection fees for the design of a portion of the Curnow Planned
Sewer Area.
1. Agreement with Ramsay Group (not to exceed $64,950) for assistance in the preparation of
the 2010-2015 Consolidated Plan, the Citizen Participation Plan and the Analysis of
Impediments to Fair Housing Choices for the U. S. Department of Housing and Urban
Development.
M. Agreement with County of Kern ($325,000) for animal care services for one (1) year.
(Ward 2,4,5,6) n. Agreement with Meyer Civil Engineering, Inc. ($80,561) for design and engineering services
for water mainline extensions and tie-ins at eight (8) locations.
(Ward 1, 6) o. Agreement with BSK Analytical Laboratories ($60,000) for various laboratory services for
Wastewater Division.
P. Amendment No. 3 to Agreement No. 07-098 with Gregory B. Bragg & Associates (increase
final year annual fee from $140,000 to $230,000) for liability claims adjustment services.
(Ward 2) q. Amendment No. 1 to Agreement No. 08-122 with PBC SolutionOne, Inc. ($47,740; revised
not to exceed $95,480) extending term one (1) year for janitorial maintenance - City Hall
North.
r. Amendment No. 1 to Agreement No. 08-100 with Gilliam & Sons, Inc. (no increase in
amount) extending term one (1) year for earthmoving and hauling services.
(Ward 6) s. Waterline Extension to Wastewater Treatment Plant No. 3:
1. Contract Change Order No. 1 to Agreement No. 08-132 with Superior Pipeline, Inc.
($189,854.92; revised not to exceed $453,727.87) for project.
2. Appropriate $90,000 Sewer Enterprise Fund Balance (WWTP No. 3) to the Public
Works Department Capital Improvement to fund contract change order.
2 City Council Meeting of 06/24/2009
8. CONSENT CALENDAR continued
Bids:
t. Accept bid from Quinn Co. ($104,522.95) for one (1) replacement asphalt compactor roller
for the Streets Division.
(Ward 2) U. Accept bid and award contract to LVH Entertainment Systems ($132,918) for upgrading the
fly rail system for Rabobank Theater.
Miscellaneous:
Staff recommends adoption of Consent Calendar items a through u.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(1) of Government Code Section 54956.9 regarding Robert Pratt v. City - KCSC Case Nos.
S-1500-CV253264-AEW, S-1500-CV-259414-AEW, and S-1500-CV-261666-AEW.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (One matter)
C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR HEARINGS
12. HEARINGS
a. Metropolitan Bakersfield Regional Transportation Impact Fee, Phase IV:
1. Public Hearing to consider Resolution adopting the 2008-2035 Regional
Transportation Facilities List Phase IV, fee schedule and nexus report.
2. Amendment No. 1 to Resolution 118-05 establishing City Council Policy regarding the
extension of vesting rights for subdivision maps.
Staff recommends adoption of Resolution and amendment to Resolution No. 118-05.
13. REPORTS
14. DEFERRED BUSINESS
a. Fiscal Year 2009-10 Budget
1. Resolution approving and adopting the City of Bakersfield Operating and Capital
Improvement Budget.
2. Resolution approving and adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution establishing the City of Bakersfield appropriations limit.
Staff recommends adoption of the resolutions.
3 City Council Meeting of 06/24/2009
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
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Alan Tandy
City Manager
6/17/2009 4:32:07 PM
4 City Council Meeting of 06/24/2009
F AGENDA HIGHLIGHTS
June 24, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 P.M.
WORKSHOP§
Ron Brummett, Executive Director of Kern Council of Governments, will be providing a presentation
regarding SB 375 (Steinberg), which is related to transportation and land use planning in California.
APPOINTMENTS
Council will select one (1) nominee as a recommendation to the San Joaquin Valley Special City
Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing
Board. This nominee must be a councilmember from a Kern County City with a population under
100,000. There are four (4) applicants for this position.
CONSENT CALENDAR
Agreements
hem 8J. Traffic Impact Fee Agreement with Frontier Ranch LLC for Improvements on Renfro and
Kratzmeyer Roads (Estimated Fee Credit $184.812). This Agreement will provide for the construction of
improvements on Renfro Road and Kratzmeyer Road, which are eligible for Transportation Impact Fee
credit. Frontier Ranch LLC will receive a credit against their portion of regional transportation impact
fees based upon the actual construction cost of these improvements, up to $184,812.
Item 8m. Agreement with County of Kern for Animal Care Services for One (1) Year in the amount of
$325.000. In 2004, the City and County entered into a five-year Agreement to provide a mutually
beneficial working arrangement for animal care and control for the Bakersfield area. The existing
Agreement provides shelter services for City Animal Control operations and established a mechanism to
provide a convenient co-located animal care facility for both Bakersfield and Kern County residents. The
existing Agreement, which expires on June 30, 2009, has an annual cost of $266,107. This new
Agreement will provide for a continuation of the above referenced services for a period of one-year at a
cost of $325,000. This increase in cost is directly related to the operational changes instituted at the
Kern County Animal Shelter since 2004. Given current budgetary uncertainties facing both the City and
County, a one-year extension was mutually agreed upon. Both City and County staff will continue to
work over the next year on the development of a longer-term Agreement.
Item 80. Waterline Extension to Wastewater Treatment Plant No. 3. This item includes change order
No. 1 to an Agreement with Superior Pipeline Inc. for the extension of the 16" water line on McCutcheon
Road west to Gosford Road. The amount of the change order is $189,854.92 for a revised total not to
exceed $453,727.87. This extension will fulfill the water line installation requirements necessary as part
of the development of Wastewater Treatment Plant No. 3 and will provide the water service necessary
for optimal operation and cleaning of the new lift station, located at McCutcheon Road and Gosford
Road. This item also includes the appropriation of $90,000 from the Sewer Enterprise Fund Balance to
the Public Works Department's Capital Improvement Fund to cover the cost associated with this change
order.
Bids
Item 8t. Accept Bid from Quinn Co. for One (1) Replacement Asphalt Compactor Roller for the Streets
Division in the amount of $104.522.95. The asphalt compactor roller to be replaced is 14 years old and
has experienced increased downtime. In addition, parts are now difficult to obtain for this roller. The
new unit will include a diesel particulate filter that complies with State EPA requirements, which is more
cost effective than installing a retrofit filter later on to meet the State mandated deadline of 2011.
Invitations to bid were sent to over one hundred (100) suppliers of heavy equipment. Three (3) bids were
received with Ahern Rentals being the lowest. However, upon staff review, it was determined that the
Ahem bid did not meet acceptable minimum specifications. The next lowest bid which met minimum
specifications is from Quinn Company in the amount referenced above.
Item 8u. Accept Bid and Award Contract to LVH Entertainment Systems for Upgrading the Fly Rail
System for Rabobank Theater in the amount of $132.918. The fly rail system at Rabobank Theater is
mostly original and dates back to 1962. Staff commissioned a report on the current system in 2008,
based on safety concerns expressed by touring productions and the local stagehand union. It was
determined that it is necessary to retrofit and upgrade the fly rail system to bring it up to current
operational safety standards. Invitations to bid were sent to over thirty (30) contractors specializing in
upgrading theater equipment. Three (3) bids were received with LA Propoint, Incorporated being the
lowest. However, LA Propoint discovered they had made an error in their calculations and requested to
rescind their bid. The next lowest bid was from LVH Entertainment Systems in the amount referenced
above.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation and one case of
potential litigation. In addition, there will be a conference with the labor negotiator.
HEARINGS
Item 12a. 2008-2035 Regional Transportation Impact Fee. Phase IV. Over the course of the past two-
plus years the City and County have been jointly working on developing the Phase IV Metropolitan
Bakersfield Regional Transportation Impact Fee Program (RTIF). During this time, both City and County
staff have made it a priority to include the public in this process. Over 20 public meetings have been
held regarding the development of the Phase IV RTIF, including Council Workshops and Committee
Meetings, Stakeholder Meetings and Board of Supervisors Meetings. On September 17, 2008, the City
Council held a Public Hearing to consider the Phase IV RTIF, which was subsequently adopted by the
Council on October 8, 2008. However, since the RTIF is jointly adopted by the City and County, the fee
did not go into effect for the City until 60 days following the joint adoption by the County. Following the
October 8'h action by the Council, the Phase IV RTIF was sent to the County Board of Supervisors for
consideration. Since that time, City and County staff have met extensively with the HBA and conducted
an in-depth review of the Phase IV Facilities List. This effort resulted in several modifications to the
Facilities List and the corresponding fees. On May 19, 2009, the Board of Supervisors adopted the
revised Phase IV RTIF. In addition, the Planning and Development Committee recently held two special
meetings to discuss the revised Phase IV RTIF, which was adopted by the County, and to provide
interested parties an opportunity to restate questions or concerns they may have with the program. Staff
spent a significant amount of time responding, in writing, to over 50 questions that were submitted by the
Kern County Home Builders Association (HBA), the majority of which had been previously answered.
The extensive work done by City, County and Kern COG staff and their consultants over the past two-
plus years has resulted in the most complete and up-to-date traffic impact fee program that the Metro
Bakersfield area has ever achieved.
Agenda Highlights - June 24, 2009 Council Meeting
Page 2
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This item includes a Public Hearing to consider a Resolution adopting the 2008-2035 Phase IV RTIF,
Facilities List, Fee Schedule and Nexus Report. In addition, the Council will be considering an
amendment to a Council Resolution which will temporarily suspend existing Council Policy and allow for
the discretionary extension of vesting rights for maps with recorded phases whose initial year will expire
before December 31, 2009 (The City Attorney is also researching, at the request of the Planning &
Development Committee, the possibility of retroactively extending vesting rights for recorded maps for
which vested rights have already run out). The Planning & Development Committee is recommending
adoption of both Resolutions.
DEFERRED BUSINESS
Item 14a. Fiscal Year 2009-10 Budget. This Item Includes the consideration of three separate
Resolutions adopting the City of Bakersfield Operating and Capital Improvement Budget; the Bakersfield
Redevelopment Agency Operating and Capital Improvement Budget; and establishing the City of
Bakersfield Appropriations Limit.
Approved:
Rhonda Smiley, Assistant to the City Manager LJ
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - June 24, 2009 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Workshop
ITEM: g , a
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: June 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: KernCOG Presentation on SB 375 (Steinberg)
RECOMMENDATION:
BACKGROUND:
Ron Brummett, Executive Director of Kern Council of Governments, has requested an opportunity to
address the City Council regarding SB 375 (Steinberg). SB 375, which was signed into law by the
Governor in 2008, will have broad ranging implications on transportation and land use planning in
California.
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MEETING DATE: June 24, 2009 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council PROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: June 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificates to high school students ranked number one in
their graduating classes in the Greater Bakersfield area by the Kern High School District.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: June 24, 2009 AGENDA SECTION: Appointments
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: June 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: San Joaquin Valley Air Pollution Control District - Governing Board:
1. Selection of Kern County Small City (under 100,000) Nominee.
2. Resolution Approving Selected Nominee.
RECOMMENDATION:
Staff recommends Council determination and adoption of the Resolution.
BACKGROUND:
Currently there is a vacancy on the San Joaquin Valley Air Pollution Control District's Governing Board
(Board) that must be filled by a councilmember from a Kern County city with a population under 100,000.
The San Joaquin Valley Special City Selection Committee (Committee) is responsible for making this
appointment. However, the next step in the process is for Kern County cities to choose from the
candidates who have applied and make a nomination to the Committee for appointment to the Board.
The following candidates have applied for this opening:
Councilmember Dennis Martin - McFarland
Councilmember Randy Miller - Taft
Mayor Tim Tarver - Arvin
Councilmember Grace Vallejo - Delano
Copies of each of the candidate's applications are included as background to this report. The City's
representative on the Committee is Vice Mayor Scrivner.
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Co cil APPROVED
FROM: Pamela McCarthy, City Cle DEPARTMENT HEAD-3
DATE: June 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the June 10, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_
DATE: June 12, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of department payments from May 29, 2009 to June 11, 2009
in the amount of $9,799,180.94 and Self Insurance payments from May 29, 2009 to June
11, 2009 in the amount of $243,190.74.
RECOMMENDATION:
Staff recommends approval of payments totaling $10,042,371.68.
BACKGROUND:
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 0;
DATE: June 14, 2009 CITY ATTORNEY 4/
CITY MANAGER
SUBJECT: 1. Ordinance Amending Section 12.56.050 Relating to Prohibited Acts in Parks.
2. Ordinance Amending Section 12.56.56.070 Relating to Activities Requiring a Use
Permit.
3. Ordinance Amending Section 12.56.090 Relating to Special Events Permit.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance.
BACKGROUND:
First reading of the above listed ordinance amendments was at the Council meeting on June 10,
2009. In response to citizen complaints, Recreation and Parks request modifications to ordinances
establishing the requirements for activity use permits and the park reservation period. Residents living
adjacent to neighborhood parks have complained of unauthorized sports activities in the parks. These
activities have led to blocked driveways, excess trash, public urination, and foul language.
Organized teams have played their games in neighborhood parks without going through the permit
process. Staff wants to prohibit teams for circumventing the permit process and therefore recommends
amendments to the following ordinances:
1. BMC 12.56.050 Subsection M. The amendment includes 12.56.080, 12.56.090, and
12.56.170. This amendment references the exceptions to prohibited acts in city parks under
one provision so as to underline to law enforcement and the community the necessity of
applying for a permit before engaging in otherwise prohibited activities.
2. BMC 12.56.070 Subsection F. This new subsection requires sports teams to apply for a use
permit before initiating practices in city parks.
3. BMC 12.56.090 Subsection B. This subsection extends the period of time special event
permit applications must be filed with the director of Recreations and Parks up to one year.
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cler a DEPARTMENT HEA ~ AT-
DATE: June 17, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution declaring the results of the Special Municipal Election, held in the City of
Bakersfield on June 16, 2009, for the Kimberly No. 1 Annexation, Measure A, and
declaring the territory attached to the City of Bakersfield incorporated area.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
This Resolution is required to accept the results of the City Clerk's Canvass of the Special Municipal
Election of June 16, 2009, as certified by the City Clerk, declaring the following territory designated as
Annexation No. 593, also known as Kimberly No. 1, annexed into the City of Bakersfield incorporated
area.
The results of the Measure A, Kimberly No. 1 Annexation ballots are as follows:
YES VOTES 42
NO VOTES 14
June 17, 2009, 11:55AM
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: , e
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD a)t~,
DATE: June 5, 2009 CITY ATTORNEY G~ 0
CITY MANAGER
SUBJECT: A Resolution Approving a Records Retention Schedule for the Human Resources Division.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This Resolution will allow the Human Resources Division to destroy a limited number of records
that are no longer required to be maintained: The last Records Retention Schedule for the Human
Resources Division was adopted in 2001 and an update is necessary to be in compliance with the law.
The list of records in Exhibit "A" has been updated to reflect all records maintained by the Human
Resources Division.
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: June 9, 2009 CITY ATTORNEY
Af-
CITY MANAGER
SUBJECT: Resolution approving the retention and destruction schedule of certain City records,
documents, instruments, books and papers, pursuant to Section 34090 et seq. of the
government code of the State of California (Economic and Community Development
Department). (All Wards)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This Resolution approves a retention schedule for the Economic and Community Development
Department and authorizes the department to destroy obsolete records, documents, instruments, books
and papers, pursuant to Exhibit "A" of the Resolution. Governmental Code Section 34090 permits
destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by
the City Council.
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6/11/2009 8:43 AM
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent
ITEM 9. Q.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 57 ~
DATE: June 10, 2009 CITY ATTORNEY
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CITY MANAGER
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 authorize collection of the assessments by the Kern County
Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on June 8, 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. The property
owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing
duly noticed and held before the Building Director, the Director issued orders requiring the property owner
to abate the public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 701 Casa Loma Drive 170-070-22 $ 300.00
2. 225 Clifton Street 018-410-19 $ 943.00
3. 305 Clifton Street 018-420-13 $ 893.00
4. 217 Clyde Street 018-380-16 $ 300.00
5. 110 Dr. Martin Luther King Jr. Blvd. 018-400-12 $ 502.00
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PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 1003 L Street 009-112-09 $ 719.00
7. 1005 L Street 009-112-08 $ 719.00
8. 1020 L Street 009-101-03 $ 700.00
9. 124 Liggett Street 139-391-04 4 966.66
10. 19 Milham Drive 139-432-02 $ 744.00
11. 34 Northrup Street 018-260-21 $ 668.00
12. 100 S. Owens Street 018-240-16 $ 794.00
13. 318 S. Owens Street 018-220-06 $ 699.00
14. 410 Real Road 020-150-29 $ 300.00
15. 147 V Street 010-044-22 $ 300.00
Ward 2/Councilmember Sue Benham
16. 307 F Street 008-302-08 $ 774.00
17. 230 H Street 010-280-20 $ 775.00
18. 608 Kentucky Street 014-270-12 $ 419.00
19. 1720 Orange Street 007-160-17 $ 699.00
20. 1019 Pacific Street 015-080-05 $ 1,284.00
Ward 4/Councilmember Couch
21. 10806 Wind Blossom Avenue 526-292-14 $ 950.00
5/Councilmember Harold Hanson
22. 4704 Betony Drive 392-441-05 $ 544.00
23. 9904 Gold Dust Drive 394-261-02 $ 474.00
Ward 7/Councilmember Zack Scrivner
24. 4109 Rio Viejo Drive 515-481-03 $ 574.00
25. 2200 Sherwood Avenue 023-251-13 $ 1,044.00
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.
June 4, 2009, 10:23AM
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD / 4--
DATE: June 5, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment 2 to Resolution No. 118-94 Revising the Penalty for Parking Violations for
Commercial Vehicles.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This Resolution will correct an error in Resolution No. 118-94(1), which omitted Bakersfield
Municipal Code section 10.32.140 when the City Council revised penalty amounts of parking violations for
commercial vehicles in the City of Bakersfield.
This Resolution will increase the penalty amount for violation of Bakersfield Municipal Code section
10.32.140 from $65.00 to $150.00 per violation.
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MEETING DATE: 06/24/09 AGENDA SECTION: CONSENT CALENDAR 41.
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: May 18, 2009 CITY ATTORNEY
CITY MANAGER ,PS
SUBJECT: Sewer construction and connection Fee(s) Assessment (Ward 1).
1. Resolution confirming assessments for the construction and connection fee(s) and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Leonard A. Welte & Denise Welte, 4300 Joseph Drive, to pay
construction and connection fee(s) in installments and notice of special assessment
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: The property owner(s) at 4300 Joseph Drive, desire to connect to the
city sewer system. The property owner(s) claim that to pay the construction and connection fee(s)
would produce an economic hardship. To assist in paying the construction and connection fee(s) the
City has contracted with the property owner(s) to spread the construction and connection fee(s) over
a five (5) year period to be collected with their property taxes in accordance with Municipal Code
Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007 authorizes
the Kern County Tax collector to collect the construction and connection cost in five equal payments
over the next five years.
S:\PROJ ECTS\SewerConFee\Tem plate Sewer Fee on Taxroll\4300 Joseph Drive
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD //'I
DATE: May 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Traffic Impact Fee Agreement with Frontier Ranch, LLC for improvements on Renfro Road
and Kratzmeyer Road (estimated impact fee credit is $184,812). (Ward 4)
RECOMMENDATION: Staff recommends approval of the agreement
BACKGROUND: Frontier Ranch, LLC is developing Tentative Tract Map 6364 located south of
Kratzmeyer Road and east of Renfro Road. Development of said land requires the construction of
improvements on Renfro Road and Kratzmeyer Road that are eligible for Transportation Impact Fee
credit. The total amount of credit from the Transportation Impact Fee Facilities List (Facilities List)
apportioned to this project is $184,812. This amount was based upon the value of improvements as listed
on the Facilities List. The developer has requested that the transportation impact fee credit available from
these improvements be applied to impact fees due on Tentative Tract 6364.
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G:\GROUPDAT\ADMINRPT\2009\06-24\Frontier Ranch LLC T6364 TIF Agreement.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reimbursement Agreement with Bakersfield-Mountain Gate, LLC for design costs, plan
check fees and inspection fees ($62,606.00) for the design of a portion of the Curnow
Planned Sewer Area. (Ward 6)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
As a condition of Tentative Tract Maps 6757, 6758, and 6759, Bakersfield-Mountain Gate, LLC ("BMG") is
required to install and provide sewer service to the Curnow Planned Sewer Area. BMG designed a portion
of Phase I of the Curnow Planned Sewer Area (Exhibit "A") and expended $27,406.00 in design costs and
$35,200.00 for City of Bakersfield fees (Exhibit "B"). BMG will not begin development of aforementioned
tracts in the foreseeable future. BMG has requested reimbursement from fees collected within the Curnow
Planned Sewer Area. The City has collected enough fees from other development within the Curnow
Planned Sewer Area to reimburse BMG for its costs of design, plan check and inspection fees.
ps
G:\GROUPDAT\ADMINRPT\2009\06-24\Bakersfield-Mtn Gate reimbursement.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council ED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD"
DATE: June 12, 2009 CITY ATTORNEY D
CITY MANAGER
SUBJECT: Agreement with the Ramsay Group for an amount not to exceed $64,950.00 for assistance
in the preparation of the 2010-2015 Consolidated Plan, the Citizen Participation Plan, and
the Analysis of Impediments to Fair Housing Choices for the U.S. Department of Housing
and Urban Development.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Consolidated Plan (ConPlan), the Citizen Participation Plan, and the Analysis of Impediments to Fair
Housing Choices are documents required by the U.S. Department of Urban Development (HUD) so that a
community establishes a unified vision for community development actions. The process offers local
jurisdictions the opportunity to shape the various housing and community development programs into
effective, coordinated neighborhood and community development strategies. The Analysis of
Impediments is a comprehensive review of a jurisdiction's laws, regulations, and administrative policies,
procedures, and practices affecting the location, availability, and accessibility of housing as it relates to fair
housing choice. The Analysis of Impediments is also a disclosure and review of impediments to fair
housing choice in the public and private sector.
The existing five-year ConPlan, the Citizen Participation Plan, and the Analysis of Impediments will be
expiring June 30, 2010. All future requests must be identified as a need in an approved City/HUD
ConPlan with strategic objectives for each goal/priority in order to be considering for funding from HUD.
The City is also required to approve an Action Plan that must describe how the City intends to invest its
Community Development Block Grant, HOME, and Emergency Shelter Grant funds for the upcoming
program year. These actions must occur in order to receive entitlement funding from HUD, which has
previously averaged about $5.5 million annually.
To accomplish these tasks staff sent out over 45 requests for proposals to consultants. Three proposals
were received and reviewed. Staff evaluated the proposals through a process of in-depth evaluations,
subsequent ranking, and reference checks. The Ramsay Group, Inc. is being recommended based on
overall completeness of their proposal, cost, and experience and performance in preparing Consolidated
Plans, Citizen Participation Plans, Actions Plans, and Analysis of Impediments to Fair Housing Choices.
S:\Admins\City Council\City Council Admins 2009\Ramsay Group Agreement.doc
6/12/2009 9:08 AM
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: June 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the County of Kern ($325,000) for Animal Care Services for a Period of
One-Year.
RECOMMENDATION:
Staff recommends Council approval.
BACKGROUND:
During the 2004-05 fiscal year, the City and the County entered into a five-year agreement (04-149) to
provide a mutually beneficial working arrangement for animal care and control for the Bakersfield area.
The agreement created a mechanism to provide consistent delivery of services and a convenient co-
located animal care facility, in which both Bakersfield and Kern County residents could find their lost
animals, adopt a dog or cat, and obtain a dog license. The agreement provided shelter services for City
Animal Control to take animals picked up in the field, and committed the City to constructing an additional
kennel facility/building to house animals which come into the shelter. This building, completed in 2005,
today serves as the County's adoption center, however, the City maintains ownership and provides for
building maintenance. This arrangement provides a one-stop shop for Bakersfield area residents,
operational economies of scale for animal control and a common animal control tracking system
(Chameleon) to facilitate the locating of lost animals, notifying the public and issuing of licenses.
The current agreement, described above, ends June 30, 2009. City and County staff agree that to provide
the most efficient and effective animal care services for the community, it is desirable to continue this
working relationship. To this end, City and County staff have met numerous times to discuss current
animal control issues and negotiate the terms of this new agreement, which is effective July 1, 2009.
Due to the possibility of the State withholding City and County tax revenues, and the uncertainties that
surround the City and County's budgets, the new agreement has been proposed for the term of one-year.
The short-term obligation will provide the mechanism for the City and County to continue providing the
community with Animal Control Services at the same levels. The one-year term will provide the time
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necessary for both agencies to gain a clearer picture of their respective budget limitations, and to consider
a longer-term agreement.
Under the current agreement, the City's reimbursement to the County for Shelter services is $266,107 per
year. The proposed agreement will increase the amount due to the County by 22% ($58,893), for an
annual total of $325,000. The increase in costs is directly related to the operational changes instituted at
the KC Animal Shelter since the 2004. While operating under the present agreement, the KC Animal
Shelter has added the following positions and/or services, benefiting the City without an increase in
compensation: one (1) veterinarian, one (1) veterinarian's assistant, and four (4) admin clerks (formerly
part of the Environmental Health budget). The increase has been built into the proposed Police
Department budget for the 2009-10 fiscal year.
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. M,
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: June 3, 2009 CITY ATTORNEY V&
CITY MANAGER iGJ
SUBJECT: Design Consultant Agreement with MEYER CIVIL ENGINEERING INC., ($80,561.00) for
Design and Engineering Services for Water Mainline Extensions and Tie-ins, at eight (8)
locations. (Wards 2, 4, 5 and 6)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Through recent hydraulic modeling of the City's water system, various water main line
extensions and tie-ins were determined to be needed at several locations on the system. These
connections will eliminate multiple dead end water mains within crucial locations of our service area, and
create a looped system for improved pressure, flow, and system reliability to our City of Bakersfield
customers.
In March 2009, staff began the Qualification Based Selection process to select a design consultant to
prepare construction documents for the Water Mainline Extensions and Tie-ins. A Request for
Qualifications was advertised to seek responses from interested firms. On April 10, 2009, the City
received Statements of Qualifications from eighteen firms. These documents were reviewed by a
Selection Committee of staff from Water Resources Department. The Selection Committee determined
that five of those eighteen firms should be invited to present a fee proposal for this project. On Thursday
May 21 the firms submitted their fee proposal. The firms invited to submit were Cornerstone Engineering
(Bakersfield), Kennedy/Jenks Consultants (Bakersfield), Meyer Civil Engineering (Bakersfield), Porter and
Associates (Bakersfield) and Stetson Engineering Inc. (San Rafael).
The Selection Committee rated and ranked each of the firms and the cost proposals that were submitted
by the firms. The Selection Committee found the firm of Meyer Civil Engineering Inc. to have the
combination of qualifications and fee proposal which is most favorable for the City. Therefore, staff
recommends that the City enter into a contract with Meyer Civil Engineering Inc. for design services for the
Water Mainline Extensions and Tie-ins.
June 9, 2009, 9:30AM
S:\2009 ADMIN REPORTS\Admin - Design Consultant Agreement Water Main Extensions.doc
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8, p,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 10, 2009 CITY ATTORNEY
CITY MANAGER s
SUBJECT: Independent Contractor's Agreement with BSK Analytical Laboratories ($60,000.00),
for various laboratory services for the Public Works Wastewater Division (Ward 1, 6).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This contract is for analytical testing and laboratory services for the Wastewater Division
of the Public Works Department.
Staff issued a Request for Proposals (RFP) for Laboratory Services for Wastewater Division. Seven firms
responded to this RFP:
BSK Analytical Laboratories (Fresno, California)
FGL Environmental (Santa Paula, California)
Zelco Laboratories (Bakersfield, California)
Moore Twining Associates (Fresno, California)
BC Laboratories (Bakersfield, California)
Calscience Environmental Laboratories (Garden Grove, California)
Positive Lab Service (Los Angeles, California)
Based on a review of their proposals, BSK Analytical Laboratories was selected as the most qualified to
provide laboratory services for Public Works Wastewater Division. Staff recommends that the City enter
into a contract with BSK Analytical Laboratories for laboratory services for Public Works Wastewater
Division.
Sufficient funds are budgeted to award this agreement.
pw/wastewater/Is
6/10/2009 4:23:44 PM
G:\GROUPDArADMINRPT\2009\06-24\BSK Laboratory Agreement - Admin.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: June 9, 2009 CITY ATTORNEY
CITY MANAGER 45
SUBJECT: Amendment No. 3 to Agreement No. 07-098 with Gregory B. Bragg & Associates, to
increase the annual fee from $140,000 to $230,000 for the final year of the Agreement for
liability claims adjustment services.
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
The City entered into a contract with Gregory B. Bragg & Associates on July 12, 2006 for the purpose of
administering liability claims against the City. The contract was renegotiated on July 18, 2007 to reflect an
agreed upon increase in rates due to combining a separate contract with Bragg that had been negotiated
by the City Attorney. The previous contract with the City Attorney applied to complex claims such as
police liability. When the contract was amended to combine the Risk and Attorney's agreements the
annual maximum amount of the renegotiated contract was not adjusted. Consequently, coupled with a
significant increase in the number of police liability claims, the annual maximum amount for the third year
of the contract was insufficient.
This amendment will increase the annual maximum amount applicable to the final year of the contract by
Ninety thousand dollars ($90,000) from the present annual maximum of One hundred forty thousand
dollars ($140,000) to Two hundred thirty thousand dollars ($230,000). There are no other changes to the
contract. Staff anticipates that a RFP for these services will be issued by the end of the calendar year in
order to make a recommendation at the time the current agreement ends.
June 10, 2009, 8:57AM
S:\Ralph\BRAGG\Admin. Report--Contract Amendment #3.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD N:S
DATE: June 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-122 with PBC SolutionOne, Incorporated ($47,740)
revised not to exceed $95,480 and extending term for one (1) year for the annual contract
for janitorial maintenance for City Hall North. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 25, 2008, Council awarded the annual contract for janitorial maintenance for
City Hall North to PBC SolutionOne, Incorporated in the amount of $47,740. The annual contract is
renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable
terms. If approved, Amendment No. 1 will add $47,740 for a revised not to exceed amount of $95,480 and
will extend term one year to expire in June 2010. Extending the Agreement allows City to continue
working with a good provider and saves staff time and efforts required if this item were to be re-bid.
Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
S:\PURCHWDMIMAmendments\Amendment #1 to Agreement 08-122, PBC Solutionone, Inc, June 24, 2009.doc
June 11, 2009, 5:14PM
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ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: June 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-100 with Gilliam & Sons, Incorporated extending
term for one year for the Annual Contract for earthmoving & hauling. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 11, 2008, City entered into agreement for the Annual Contract for Earthmoving
& Hauling in the amount of $2,500,000. The agreement allows for four (4) consecutive one-year
extensions, if all parties agree. Amendment No. 1 will extend term one year to expire in June 2010, with
no increase in compensation. The contract exhibit listing certain pieces of equipment is being amended to
better reflect the machinery currently available from vendor that best meets the needs of the City.
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:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 08-100, Gilliam & Sons, Inc., June 24, 2009.doc
June 12, 2009, 10:41AM
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM: 9 ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA IL-
Q- DATE: June 12, 2009 CITY ATTORNEY ;PZAql-
CITY MANAGER
SUBJECT: Waterline Extension to Wastewater Treatment Plant No. 3 (Ward 6):
1. Contract Change Order No. 1 to Agreement No. 08-132 with Superior Pipeline
Inc. ($189,854.92, for a revised not to exceed amount of $453,727.87) for
project.
2. Appropriate $90,000 Sewer Enterprise Fund Balance (Wastewater Treatment
Plant No. 3) to the Public Works Department's Capital Improvement to fund
contract change order.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: This project provides for the installation of a 16 inch water main on McCutcheon Road
and on Ashe Road.
This contract change order provides for the extension of the 16" water line on McCutcheon west to
Gosford Road. This extension will fulfill the water line installation requirements necessary as part of the
development of Wastewater Treatment Plant No. 3 and will provide the water service necessary for
optimal operation and cleaning of the new lift station on McCutcheon Road at Gosford Road. This change
order addresses the costs associated with this water line extension which total $189,854.92.
This is the first change order to be submitted for this project. This change order will increase the project
total by $189,854.92 (which results in a 71.9% increase of the original contract amount) as illustrated
below:
• Original Contract Amount = $263,872.95
• Amended Contract Agreement after Change Orders = $453,727.87
Net Increase to date = $189.854.92
The 71.9% proposed increase to the original contract amount is atypical. However, the change also
provides for the construction of 61 % more water line than what was within the original contract. The
original intent of this project was to construct the water main along McCutcheon Road from Ashe Road to
Gosford Road in order to facilitate the Wastewater Treatment Plant No 3 Expansion project and comply
with requirements of the City Water Department. The engineer's estimate for the entire length was greater
RM (Construction)
June 12, 2009, 10:46AM
G:\GROUPDAT\ADMINRPT\2009\06-24\CCO 1 Ashe - McCutcheon Water Line.doc
ADMINISTRATIVE REPORT
than the amount budgeted and the project's scope was reduced to keep within budgetary constraints. As
has been experienced on most recent projects, favorable bids were received for this project. The bid price
for the water line was $35.05 per lineal foot compared with the engineer's estimate of $53.00 per lineal
foot. Since development activity has slowed down, it could be several years before a developer would
install the additional water line. An advantage of completing the water line at this time is that it provides the
high pressure water service necessary for proper maintenance of the new sewer lift station at McCutcheon
Road and Gosford Road. Currently regular maintenance to hose down the debris from the grate occurs
twice weekly and involves 5 to 7 sewer maintainers for a period of 6 hours. In addition, the water tank that
supplies water for the facility is refilled three times per week requiring two employees for a minimum of 2
hours. The total man hours to maintain this facility weekly is from 36 to 48 which is excessive and is
causing a strain on normal maintenance work throughout the City. The Streets Division had requested that
the water main be extended to Gosford Road to allow installation of a fire hydrant which would provide
high pressure and high volume to easily clean the grate. It is anticipated that with the use of the fire
hydrant the grate can be cleaned once per week by a 3 person crew for 3 hours. This would greatly
reduce the necessary man hours by 27 to 39 hours allowing staff to perform other needed maintenance on
sewer lines throughout the City.
Therefore, because of the favorable bid price, the slow down in development, the need for high pressure
water for maintenance activities and the resulting reduction in staff time for that maintenance, staff
recommends using the savings realized on the initial bid, plus $90,000 of additional appropriations, to
complete the project. The work is complete, and a mistake was made in not bringing this change order
before City Council prior to commencement of the work.
RM (Construction)
June 12, 2009, 10:46AM
G:\GROUPDATWDMINRPT\2009\06-24\CCO 1 Ashe - McCutcheon Water Line.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 11, 2009 CITY ATTORNEY
CITY MANAGER N~
SUBJECT: Accept bid from Quinn Company, Bakersfield ($104,522.95) for one (1) replacement
asphalt compactor roller for the Public Works Department, Streets Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for a replacement asphalt compactor
roller.
BACKGROUND: The asphalt compactor roller to be replaced is 14 years old and has increased downtime
and parts are now difficult to obtain. The new unit will include a diesel particulate filter that complies with
State EPA requirements. Purchasing the roller with a factory installed filter will be more cost effective than
retrofitting a filter later to meet the State mandated deadline of 2011.
Invitations to Bid were sent to over one hundred (100) suppliers for heavy equipment. Three (3) bids were
received in response to solicitation. Upon City staff review, it was determined the lowest bid from Ahern
Rentals, Incorporated did not meet acceptable minimum specifications. The proposed model bid did not
include cocoa mats on the drum and the manufacturer cannot provide a State EPA approved filter. The
next lowest bid meeting minimum requirements is Quinn Company, Bakersfield and is within the amount
budgeted.
Bids received, including the unacceptable bid, are as follows:
BIDDER AMOUNT MAKE/MODEL BID
Ahern Rentals, Incorporated $85,301.00 (unacceptable) Dynapac/CC224
Bakersfield, California
Ouinn Company $104,522.95 Cat CB-4340
Bakersfield, California
Terry Equipment $124,229.87 Bomag BW 141 AD-4
Bloomington, California
Staff finds the bid from Quinn Company, Bakersfield, in the amount of $104,522.95 for the Cat CB-4340
Asphalt Compactor Roller to be acceptable and recommends award of the bid.
Purchasing Division
SAPURMADMINWdmin 08-09Wsphalt Compactor Roller, 08-09-61, June 24, 2009.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to LVH Entertainment Systems ($132,918.00) for upgrading
the fly rail system for Rabobank Theater. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: The fly rail system at the Rabobank Theater is mostly original and dates back to
October 1962. Staff commissioned a report on the current fly rail system in April 2008, based on safety
concerns of the system expressed by touring productions and the local stagehand union. It was
determined necessary to retrofit and upgrade the fly rail system to bring the system up to current
operational safety standards.
Invitations to Bid were sent to over thirty (30) contractors specializing in upgrading theater equipment.
Three (3) bids were received in response to solicitation. After bids were opened, the lowest bidder, LA
Propoint, Incorporated, discovered they had made an error in their calculations and requested to rescind
their bid offer and be relieved of the obligation to perform the work. Staff has reviewed this request and
recommends allowing LA Propoint, Incorporated to rescind their bid. Staff finds the next lowest bid from
LVH Entertainment Systems in the amount of $132,918.00 to be acceptable and recommends award of
contract.
Three (3) bids, including the rescinded offer were received as follows:
BIDDER AMOUNT
LA Propoint, Incorporated $ 76,188.60 (rescinded offer)
Sun Valley, California
LVH Entertainment Systems $132,918.00
Oxnard, California
SECOA, Incorporated $149,233.00
North Champlin, Minnesota
Purchasing Division
SAPURMADMIMAdmin 08-09\Fly Rail System for the Rabobank Theater, 08-09-58, June 24, 2009.doc
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Os
MEETING DATE: June 24, 2009 AGENDA SECTION: Closed Session
ITEM: q , a
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Vd-
DATE: June 16, 2009 CITY ATTORNEY X&
CITY MANAGER S
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
SACOUNCIL\CI Sess\Admins\08-09\6-24-09ExistLit.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: June 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
VGAsc
SACOUNCIL\CI Sess\Admins\08-09\6-24-09.PotLit.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V&-
DATE: June 11, 2009 CITY ATTORNEY VG-
CITY MANAGER &
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
SICOUNCIUCI Sess\Admins\08-09\6-24-09laborNeg.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 24, 2009 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Metropolitan Bakersfield Regional Transportation Impact Fee, Phase IV (All Wards)
1. Public Hearing to consider Resolution Adopting the 2008-2035 Regional Transportation
Facilities List Phase IV, fee schedule, and nexus report.
2. Amendment No. 1 to Resolution No. 118-05 Establishing City Policy Regarding the
Extension of Vesting Rights for Subdivision Maps.
RECOMMENDATION: Staff recommends adoption of the Resolution and the Amendment to Resolution
No. 118-05.
BACKGROUND: On June 4, 2009 and again on June 16, 2009, the Planning and Development
Committee of the City Council met to consider comments on the Phase IV Transportation Impact Fee and
to make a recommendation to the City Council. The Committee recommends:
1) the adoption of the Transportation Impact Fee Resolution, and;
2) the adoption of the amendment to Council Resolution No. 118-05 temporarily suspending
Council policy to allow for the discretionary extension of vesting rights for maps with recorded
phases whose initial year would expire before December 31, 2009. The suspension of this
policy would extend vesting rights for 324 lots within the City of Bakersfield.
The Committee also requested that the City Attorney research the possibility of retroactively extending
vesting rights for recorded maps for which vested rights have already run out. Research on that question
is in process, and information may not be available until closer to the June 24, 2009 City Council meeting.
Staff prepared responses to 55 questions from the Home Builders' Association, including several that were
posed at the June 4, 2009 Planning and Development Committee meeting, and a lengthy list that was
included in their letter dated June 10, 2009 to the Committee (copy attached) as well as a Public Records
Act request. The documents referenced in the HBA letter and PRA are on file and available in the City
Clerk's Office.
In early 2006, following a period of unprecedented growth, the City of Bakersfield and the County of Kern
began the process of developing the Phase IV Metropolitan Bakersfield Regional Transportation Impact
Fee (RTIF). This process began with retaining outside consultants to facilitate the update of the Kern
Council of Governments (KemCOG) Traffic Model and the development of a Facilities List which was
based on a transportation system designed to support development out to the new horizon year of 2035.
P: WdminRepoft&Related\Adm-20091TIF IV Resolution Admin MPS-Rev0817009.doc
BAKE
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ADMINISTRATIVE REPORT
C IL
I
The need for this update was due to the fact that previous phases of the RTIF were constructed with a
horizon year of 2020 and assumptions that are now obsolete.
As this update took place, City and County staff engaged public stakeholders throughout the entire
process to seek input and to keep them informed as to the status of the development of the Phase IV
RTIF. Members of the development community were involved in the update of the KernCOG model and
participated in numerous stakeholder meetings. In total, the City and County have held over 20 meetings,
including Council Workshops, Public Stakeholder Meetings, Planning and Development Committee
Meetings and City Council and Board of Supervisors meetings.
On September 17, 2008 the City Council held a Public Hearing to consider the Phase IV RTIF, which was
subsequently adopted by the City Council on October 8, 2008. However, since the RTIF is jointly adopted
by both the City and the County, the fee does not go into effect for the City until 60 days following the joint
adoption. Following the October 8th action by the City Council, the Phase IV RTIF was sent to the County
Board of Supervisors for consideration.
Since that time, City and County staff have met extensively with the Home Builders Association of Kern
County and worked with them on a detailed review of the Phase IV RTIF Facilities List. This effort has
resulted in some modifications to the Facilities List and the corresponding fees. On May 19, 2009, the
Kern County Board of Supervisors voted to approve and adopt the revised Phase IV RTIF. A summary of
the major changes to the Facilities List is as follows:
• Changed unit cost of AC from $70/ton to $60/ton - affected the cost of all arterial segments;
• Refined 7th Standard Road;
• Reduced SR 99 by 30% to reflect through trips;
• Reduced SR 58 by 15% to reflect through trips;
• Revised TRIP, per Parsons, including the Westside Parkway and West Beltway;
• Added Snow Road interchange;
• Removed some roads south of Taft Highway;
• Adjusted Snow Road and Jewetta to reflect current conditions; and
• Added improvements on Coffee at Rosedale, Truxtun and Stockdale.
Throughout the public meeting process, City and County staff have continuously reviewed the
assumptions, equations, and any and all other background data in response to comments from the public,
including representatives from the home builders and the commercial builders. The commercial rates
received a very intensive review of all of the factors in the basic fee equation, resulting in a slighter lower
rate than had originally been proposed. The Facilities List received a particularly thorough assessment of
many of the line items through multiple discussions with Roger McIntosh of McIntosh and Associates.
Although Mr. McIntosh and staff do not agree on some items, his analysis did result in some changes and
reductions to the list, with a commensurate lowering of the facilities total.
Overall, the total amount for the Facilities List changed from $2,017,115,510 to $1,933,587,852 - a
difference of $83,527,658. The Non-Core Single Family Residential fee changed from $13,595 (beyond
the initial "economic recovery year" originally proposed by the City council) to $12,870 - a difference of
$725 per SFR.
A comparison of the City adopted Phase IV RTIF and the County adopted revised Phase IV RTIF is
attached. This comparison also shows the current Phase III fee in both the City and the County. Also
attached is a detailed chronology of the various meetings that have been held over the past two-plus years
in which the RTIF has been discussed.
P:WdminReports&Related\Hdm-2009\TIF IV Resolution Admin MPS-Rev0617009.doc
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ADMINISTRATIVE REPORT
Staff feels it is important to note that the subject of transportation - both the actual facilities and the costs
and funding of them - is always evolving. Every day brings change to line item costs. Every week brings
new information on funding. Every year brings change to growth assumptions. What we have right now is
the best "snap shot in time" that we have ever had for this program.
On a side note, we as a City and as a County must meet certain requirements in order to receive Federal
funding for our road projects. One of these requirements is the Regional Transportation Plan (RTP). The
RTP is a 20 year plan for our region's transportation needs and network that KernCOG is required to
prepare. Recently, this plan has been required to show all transportation funding sources for a
"constrained" projects list. This Phase IV RTIF is a very large component of this projects list. Without it, it
is possible that all federal transportation funding to the City and County could be imperiled.
Staff recommends the City Council approve the Phase IV Transportation Impact Fee. The extensive work
done by City, County and Kern COG staff and their consultants over the past two and a half years has
resulted in the most complete and up-to-date traffic impact fee program that we have ever achieved.
mps
P:\AdminReports&Related\Adm-2009\TIF IV Resolution Admin MPS-Rev0617009.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2009 AGENDA SECTION: Deferred Business
ITEM: y , a
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD l~-
DATE: June 17, 2009 CITY ATTORNEY
CITY MANAGER /Cxs
SUBJECT: Fiscal Year 2009-10 Budget:
1. Resolution Approving and Adopting the City of Bakersfield Operating and Capital
Improvement Budget.
2. Resolution Approving and Adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution Establishing the City of Bakersfield Appropriations Limit.
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
Attached are the resolutions adopting the Fiscal Year 2009-10 City of Bakersfield and Bakersfield
Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets which total $445,376,688.
The proposed budgets reflect the operating and capital expenditures for the 2009-10 fiscal year. They
reflect the funding of the City's operating cost and the funding of various capital improvements including
street and road resurfacing, park and recreational facilities, and improvements to other City owned facilities.
The City of Bakersfield budgets total $425,748,164 with the Operating Budget including transfers totaling
$350,842,057 and the Capital Improvement Budget totaling $74,906,107.
The Bakersfield Redevelopment Agency budgets total $19,628,524 with the Operating Budget totaling
$17,978,524 and the Capital Improvement Budget totaling $1,650,000.
The proposed Operating and Capital Improvement Program Budgets reflect several changes from the Fiscal
Year 2009-10 Proposed Budget presented to the City Council on May 6, 2009. There are two changes in
the Operating Budget. First, entitlement amounts for the CDBG and HOME funds have been slightly
revised to reflect the actual amounts approved by the Department of Housing and Urban Development.
Second, funds have been added to the debt service budget for an assessment district bond call set for
September 2009. In the Capital Improvement Program Budget, three playground rehabilitation projects
JWS:rk
6/17/2009 10:21 AM
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ADMINISTRATIVE REPORT Page 2
have been added based on the renovation of playground equipment priority list. Two of these projects
(Amberton and Campus Park South) will be solely funded with Park Improvement Funds totaling $410,000.
The Beach Park playground rehabilitation project will. be funded with $175,000 in Park Improvement Funds
and $100,000 in Capital Outlay Funds. One project for the Phase I development of the City in the Hills park
site will be solely funded with Park Improvement Funds totaling $250,000. These technical changes are
shown in Exhibit "B".
The resolution adopting the Fiscal Year 2009-10 Appropriations Limit of $274,091,361 is also included with
this administrative report, for Council consideration and adoption as required by State law. The City's
appropriations which are subject to the limit total $124,853,600. Therefore, the proposed appropriations are
significantly below the maximum limit allowed by State law.
It is important to note that due to the unresolved State Budget situation, the City's budget as proposed will
likely be subject to change. The State is still considering a number of actions which will impact the City.
These are changing almost on a daily basis, and include the possible capture of property taxes, gas taxes,
Proposition 42 revenues, and Redevelopment revenues. Also proposed are reductions in Booking Fee
reimbursements and COPS funding. Adjustments to the budget will need to be considered once the State
budget actions are adopted.
BA E
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 10, 2009
I%.
cALIF0
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 P.M. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Reverend Angelo Frazier, Bakersfield
Rescue Mission.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Scrivner.
4. PUBLIC STATEMENTS
a. Daryl Thiesen, Chairman of the Tobacco-Free
Coalition of Kern; Cassie Deras-Coker, with the
American Cancer Society; Deborah Leary, volunteer
with the American Cancery Society; and Dr. Claudia
Jonah, Health Officer, Kern County Department of
Public Health, spoke in support of a comprehensive
outdoor second-hand smoke ordinance proposal;
and written material was provided by Mr. Thiesen.
Councilmember Benham referred this matter to
the Legislative and Litigation Committee.
b. Amparo Kinnsch, Tim Palmquist, Terri Palmquist,
and Maria Tovar spoke in opposition to the new
30-minute parking restrictions at 25th and H streets;
and Mr. and Mrs. Palmquist provided petitions
requesting a written policy on timed parking.
Bakersfield, California, June 10, 2009 - Page 2
4. PUBLIC STATEMENTS continued ACTION TAKEN
Item 4.b. continued
Vice-Mayor Scrivner asked staff for a written
report regarding this specific request and what
was done when the request came in; what
individuals were contacted about the issue and
what is the City policy regarding these requests,
and if the City does not have a written policy,
what is normally done; how many requests
have been received over the past two years for
changes in parking time limits, how many
requests are protested by members of the public
and what is done in those types of situations,
whether it's an adjacent business owner or
member of the public; and what are the parking
restrictions on the City streets in the
surrounding area.
C. Kristine Finberg, Maris Madegan and Marcia
Giumarra spoke regarding the Stockdale Highway
Road Project and expressed their concerns about
the safety issues of making the changes.
In response to a question from Councilmember
Benham, Public Works Director Rojas advised staff
could meet with the homeowners about possibly
creating a turn pocket.
Councilmember Benham suggested that action and
appropriation be deferred on this bid proposal until
the next meeting, pending the results of staff's
meeting with residents.
Public Works Director Rojas advised the City has
monies from the State that has to be awarded and
obligated by the end of June, or the City loses it,
and deferring this contract would be cutting it close.
5. WORKSHOPS
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation
to Postmaster James Brouillard declaring June 10,
2009, Graffiti Volunteer Partner Day.
Postmaster Brouillard received the Proclamation
and made comments, acknowledging the efforts of
Community Relations Specialist Tony Martinez.
Bakersfield, California, June 10, 2009 - Page 3
7. APPOINTMENTS ACTION TAKEN
a. Appointment of eight (8) Alternate Committee
Members to the Keep Bakersfield Beautiful
Committee.
Mayor Hall nominated Mr. Chris Clark as his
Alternate Member to the Keep Bakersfield Beautiful
Committee.
Councilmember Carson nominated Mr. Jonathan
Webster as the Ward 1 Alternate Member to the
Keep Bakersfield Beautiful Committee.
Councilmember Benham nominated Ms. Elizabeth
Rodaker as the Ward 2 Alternate Member to the
Keep Bakersfield Beautiful Committee.
Councilmember Weir nominated Ms. Margaret Maier
as the Ward 3 Alternate Member to the Keep
Bakersfield Beautiful Committee.
Councilmember Hanson nominated Mr. Patrick
Frase as the Ward 5 Alternate Member to the Keep
Bakersfield Beautiful Committee.
Councilmember Sullivan nominated Mr. Tony
Martinez as the Ward 6 Alternate Member to the
Keep Bakersfield Beautiful Committee.
Vice-Mayor Scrivner nominated Ms. Carrie Sandles
as the Ward 7 Alternate Member to the Keep
Bakersfield Beautiful Committee.
Councilmember Couch nominated Ms. Dorothy
Vokolek as the Ward 4 Alternate Member to the
Keep Bakersfield Beautiful Committee.
Motion by Vice-Mayor Scrivner to ratify the APPROVED
appointments of the nominated individuals as
Alternate Members to the Keep Bakersfield
Beautiful Committee.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 11, 2009 Budget
Meeting and May 20, 2009 Regular City Council
Meeting.
Bakersfield, California, June 10, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Approval of department payments from May 8, 2009 ABS WEIR
to May 28, 2009 in the amount of $26,114,510.39
and self-insurance payments from May 8, 2009 to
May 28, 2009 in the amount of $444,896.59.
Ordinances:
C. First Reading of the following Ordinances:
1. Ordinance amending Section 12.56.050 FR
relating to prohibited acts in parks.
2. Ordinance amending Section 12.56.070 FR
relating to activities requiring a use permit.
3. Ordinance amending Section 12.56.090 FR
relating to special events.
Resolutions:
d. Resolution authorizing the filing of an application RES 061-09
with the Kern Council of Governments for allocation
of Transportation Development Act funds for Fiscal
Year 2009-10 ($216,643) to be utilized for the
maintenance of the Bakersfield Amtrak Station
during said fiscal year.
e. Resolution expanding areas of preferential resident RES 062-09
permit parking in northeast Bakersfield.
f. Emergency replacement of chiller compressor at
City Hall South:
1. Resolution dispensing with formal bidding RES 063-09
procedures due to emergency replacement
of chiller compressor at City Hall South, not
to exceed $60,000.
2. Agreement with Trane Building Services AGR 09-067
($53,685) for project.
3. Transfer $60,000 from a budgeted Public
Works Department Capital Improvement
Project (HVAC - Building A and Convention
Center) to the Chiller Replacement
Project within the Capital Outlay Fund.
g. Resolution providing for the collection of RES 064-09
residential refuse fees by the Kern County Auditor-
Controller's Office.
Bakersfield, California, June 10, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution providing for the collection of delinquent RES 065-09
refuse charges by the Kern County Auditor-
Controller's Office.
i. Delinquent sewer charges:
1. Resolution providing for the collection of RES 066-09
delinquent sewer charges by the Kern
County Tax Collector.
2. Resolution authorizing the Kern County Tax RES 067-09
Collector to establish two special
assessment funds to track collection of
Wastewater Treatment Plant No. 2 and Plant
No. 3 delinquent sewer charges.
j. Resolution of Intention No. 1634 to order the R011634
vacation of a portion of 14th Street, 13th Street,
R Street and alley west of R Street.
Agreements:
k. License Agreement with Buena Vista Water Storage AGR 09-068
District for constructing, operating and maintaining
an acoustic metering station at the end of the River
Canal approximately'/ mile west of Enos Lane and
% mile north of Panama Lane.
1. Agreement with Bakersfield Memorial Hospital (no AGR 09-069
cost to City) for median islands landscape ABS BENHAM
maintenance on 34th Street between San Dimas
Street and the Kern Island Canal.
M. Agreement with SMG, Inc. (not to exceed $50,000) AGR 09-070
for reimbursement of costs associated with renting
the Rabobank Arena for the Christian Congregation
of Jehovah's Witnesses conventions.
n. Amendment No. 2 to Agreement No. PW07-069(1) AGR 09-071
with Wholesale Fuels, Inc. ($20,000; revised not to
exceed $60,000) extending term for one (1) year for
propane.
AGR 09-041
o. Contract Change Order No. 1 to Agreement No. CCO 01
09-041 with Granite Construction Co. ($202,725;
revised not to exceed $1,682,595) for Street
Improvements along White Lane - Dovewood Street
to Wible Road Project.
P. Contract Change Order No. 1 to Agreement No. AGR 09-022
09-022 with MGE Underground, Inc. ($28,725; CCO 01
revised not to exceed $755,787) for the Install
Traffic Signal Interconnect - Part 6 Project.
Bakersfield, California, June 10, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
q. Allen Road Improvements between Ming Avenue
and Stockdale Highway:
A GR 08-062
1. Contract Change Order Nos. 15 -19 to 00015, 00016,
Agreement No. 08-062 with Granite 00017, 00018,
Construction ($130,401; revised not to 00019
exceed $8,486,332.50) for the project.
2. Appropriate $45,000 Transportation
Development Fund balance to the Public
Works Department Capital Improvement
Budget for the project.
Bids:
r. Traffic Signal and Lighting System Modification at
Columbus Street and Mt. Vernon Avenue:
1. Accept bid and award contract to A-C AGR 09-072
Electric Co. ($119,795) for project.
2. Transfer $23,000 from a budgeted Public
Works Department Capital Improvement
Project (Signal Modification at White Lane
and Akers Road) within the Gas Tax Fund
to this project.
S. Accept bid and award contract to Bradley & Sons, AGR 09-073
Inc. ($65,100) for construction of the Wastewater
Treatment Plant No. 3 New Monitor Wells
Installation Project.
t. Accept bid and award annual contract to Pestmaster AGR 09-074
Services, Inc. ($99,695) for chemical application for
the Water Resources and Recreation and Parks
Departments.
U. Street Improvements along Stockdale Highway - REMOVED FOR
Stockdale Country Club entrance to Ashe Road, and SEPARATE
Village Lane to Wetherly Drive: CONSIDERATION
1. Accept low bid for base bid and additive
alternates 1, 2, 3 and 4 and award contract
to Griffith Construction Co. ($3,897,094.71)
for project.
2. Transfer $616,000 from a budgeted Public
Works Capital Improvement Project (Street
Improvements - White Lane from Dovewood
to Wible Road, Proposition 1 B Funds) to
Stockdale Highway project within the Gas
Tax Fund.
Bakersfield, California, June 10, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.u. continued
3. Appropriate $570,000 Transportation
Development Fund Balance to the Public
Works Department Capital Improvement
Budget to this project.
4. Appropriate $106,512 Developer Share
Project Cost to the Public Works Department
Capital Improvement Budget within the Gas
Tax Fund to this project.
Miscellaneous:
V. Authorize Finance Director to write off accounts
receivable in various funds totaling $122,888.12 and
forward non bankrupt accounts to a collection
agency for additional collection efforts.
W. Appropriate $291,400 from State of California Office
of Emergency Services and USDA Forest Service to
the General Fund Fire Department Operating
Budget for reimbursement of personnel, equipment
and supplies from mutual aid assignments.
X. Acceptance of 2007-08 Transportation Development
Act Funds Financial Statements.
Y. Quitclaim of landscape easement located at 10710 DEED 7086
Spirit Falls Court to John Killman and Kathleen
Killman.
Councilmember Benham announced she would abstain
due to conflict of interest, benefit to her employer, on
item 8.1.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Councilmember Benham requested that item 8.u, be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through y., with the removal for
separate consideration of item 8.u.
U. Street Improvements along Stockdale Highway -
Stockdale Country Club entrance to Ashe Road, and
Village Lane to Wetherly Drive:
Bakersfield, California, June 10, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.u. continued
1. Accept low bid for base bid and additive AGR 09-075
alternates 1, 2, 3 and 4 and award contract
to Griffith Construction Co. ($3,897,094.71)
for project.
2. Transfer $616,000 from a budgeted Public
Works Capital Improvement Project (Street
Improvements -White Lane from Dovewood
to Wible Road, Proposition 1 B Funds) to
Stockdale Highway project within the Gas
Tax Fund.
3. Appropriate $570,000 Transportation
Development Fund Balance to the Public
Works Department Capital Improvement
Budget to this project.
4. Appropriate $106,512 Developer Share
Project Cost to the Public Works Department
Capital Improvement Budget within the Gas
Tax Fund to this project.
Motion by Councilmember Benham to defer item WITHDRAWN
8.u. to the meeting of June 24, 2009.
City Manager Tandy advised that the date upon
which the City might lose $2.5 Million is June 30tH
so it might be alright if there are no other reasons for
delay that emerge at the meeting of the 24th; and he
suggested the bids be awarded tonight, but refer the
issue of the 4 residents to Committee, in order to be
able to proceed with a pretty significant project.
Councilmember Benham referred the issue of
the 4 residents to the Planning and Development
Committee of June 16, 2009.
Councilmember Couch suggested that perhaps the
Stockdale Country Club needs to be included in the
discussions because their property could be
impacted.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar item 8.u. and place the issue of the
road on the Planning and Development
Committee Meeting Agenda for June 16tH
Bakersfield, California, June 10, 2009 - Page 9
9. CLOSED SESSION ACTION TAKEN
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Scrivner to adjourn to Closed
Session at 6:21 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:42 p.m..
RECONVENED MEETING - 7:09 p.m.
10. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
11. DEFERRED BUSINESS
None.
12. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider the following Resolutions
regarding residential blue cart recycling charges
1. Resolution providing for the establishment of RES 068-09
a separate special assessment fund for
Solid Waste to be added to the property tax
roll for the collection of blue cart recycling
charges for new services previously billed by
the City.
2. Resolution authorizing the Kern County Tax RES 069-09
Collector to collect the charges.
b. Public Hearing to consider Resolution adopting RES 070-09
proposed sewer rate increase (9.55%) for Fiscal
Year 2009-10.
C. Protest Hearing to consider Resolution approving RES 071-09
and adopting the Public Works Director's report for
the Consolidated Maintenance District and the
2009-10 budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
d. Protest Hearing to consider Resolution approving RES 072-09
and adopting the Public Works Director's report for
the Consolidated Maintenance District and the
2009-10 budget, confirming the street landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
Bakersfield, California, June 10, 2009 - Page 10
12. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
e. Protest Hearing to consider Resolution approving RES 073-09
and adopting the Public Works Director's report for
twenty (20) Traffic Signal Maintenance Districts and
the 2008-09 budgets, confirming the assessments
and authorizing collection of assessments by the
Kern County Tax Collector.
f. Public Hearing to consider Resolution establishing RES 074-09
domestic water rates (increase in the quantity rate)
for Ashe, Fairhaven and Riverlakes Ranch service
areas of the City Water System.
g. Public Hearing to consider the proposed
expenditure plan for the final installment from the
2008-09 Supplemental Law Enforcement Services
Funding (S.L.E.S.F.) grant.
1. Appropriate $39,498.09 State Grant
revenues to the Police Operating Budget
within the S.L.E.S.F. fund.
City Clerk McCarthy announced correspondence was
received as follows: regarding Consent Calendar Hearing
item 12.a., there were 6,900 notices mailed out, 3 protests
and 1 in support were received; item 12.b., 84,380 notices
mailed, 8 protests and 1 in support; and item f., 39,116
notices mailed, 1 protest and none in support.
Consent Calendar Hearings opened at 7:10 p.m.
No one spoke.
Consent Calendar Hearings closed at 7:11 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 12.a through 12g.
13. REPORTS
Assistant City Manager Stinson gave an overview.
a. Department Budget Presentations:
1. Development Services
Development Services Director Grady gave the
Department presentation.
2. Water Resources
Water Resources Manager Core gave the
Department presentation.
Bakersfield, California, June 10, 2009 - Page 11
13. REPORTS continued ACTION TAKEN
Item 13.a. continued
3. Rabobank Arena and Convention Center
General Manager Womack gave the Department
presentation.
14. HEARINGS
a. Public Hearing for the FY 2009-10 Operating,
Bakersfield Redevelopment Agency and Capital
Improvement Program Budgets.
Assistant City Manager Stinson gave an overview.
Hearing opened at 7:50 p.m.
No one spoke.
Hearing closed at 7:51 p.m.
Mayor Hall announced no action will be taken at this time,
and the item will return to the City Council for action at the
June 24, 2009 meeting.
15. NEW BUSINESS
a. Accept low bid and award contract to the AGR 09-076
responsible low bidder (apparent low bidder
currently Security Paving Co. - $76,572,445.07) for
base bid and additive alternates A, B, C, D and E to
construct the Westside Parkway Phase 2 Project.
(TRIP)
City Clerk McCarthy announced correspondence was
received earlier this afternoon from staff confirming the low
bidder on this item.
City Manager Tandy made brief comments then introduced
Public Works Director Rojas, who gave the balance of the
staff presentation.
Councilmember Carson asked staff to provide at the
next meeting a projection of local employment for this
project.
Motion by Vice-Mayor Scrivner to accept bid and APPROVED
approve contract.
Bakersfield, California, June 10, 2009 - Page 12
16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Benham referred to the Legislative and
Litigation Committee the issue of a new State law
which may require the City to change its ordinances
regulating massage technician and massage
establishment permits, and asked the City Attorney and
Police Department to provide an analysis to the
Committee of what changes, if any, are needed to the
City's Municipal Code.
Councilmember Benham requested assistance from
staff with correspondence.
Councilmember Couch requested staff look into
developing a practical long-term plan for the Kern
River, with the goal of having a reliable water source
for residences, businesses and farmers in the area and
a vision of providing recreational opportunities and
protecting the environmental aspects of the River, and
to consider a public process, like Vision 2020 or the
Mill Creek Charette, to produce a document the Council
could adopt; give it a name so the media can easily
identify it; and asked staff to develop a concept and
bring it to the Water Board for discussion.
Councilmember Weir asked staff when the "road closed"
signs will be coming down on Paladino Street, and Public
Works Director Rojas responded.
Councilmember Weir referred to the Legislative and
Litigation Committee the issue of possibly developing
an ordinance to cite and fine property owners when
multiple calls of disturbance of the peace are received
on the same complex.
Councilmember Sullivan asked staff to repair a deep
pothole on eastbound Ming Avenue near Taco Bell.
Councilmember Sullivan commended the departments on
their budget presentations and for making the best of a
difficult situation.
Councilmember Sullivan provided an article from US
Today regarding "pay to stay programs" for individuals
who are jailed, and asked staff to look at the article and
report back to possibly implement in Bakersfield.
Councilmember Sullivan provided an update on In God We
Trust America, and there are now 54 cities in California
displaying the National Motto in their city halls.
Bakersfield, California, June 10, 2009 - Page 13
16. COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan asked Recreation and Parks
Director Hoover to come forward and provide an overview
of the summer programs sponsored by the City of
Bakersfield.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield