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BAKERSFIELD CITY COUNCIL
' AGENDA
MEETING OF JULY 29, 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 Greg Haslow, First Assembly of God Church.
3. PLEDGE OF ALLEGIANCE by Rayleigh Morin, 31d Grade Student at Miller Elementary School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his
beautification efforts in downtown Bakersfield.
b. Presentation by Mayor Hall of a Certificate of Appreciation to Mic Hall honoring his
parks and Bike Path beautification efforts.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 7, 2009 Special City Council Meeting and July 15,
2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from July 1, 2009 to July 16, 2009 in the
amount of $25,459,328.47 and self-insurance payments from July 1, 2009 to July 16,
2009 in the amount of $726,761.05.
Ordinances:
(ward 1,4) c. First Reading of Ordinance amending Municipal Code Sections 1. 12.010 and 1. 12.040
by adding Annexation No. 596 consisting of 50.12 acres located at the southwest
corner of Washington Street and Belle Terrace to Ward 1 and Annexation No. 591
consisting of 86.78 acres located on the north side of Brimhall Road, east of Rudd
Road to Ward 4.
8. CONSENT CALENDAR continued
(Ward 1,23,7) d. First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.020,
1. 12.030 and 1. 12.070 by adding Annexation No. 597 consisting of the following
multiple uninhabited County owned properties: County Property No. 1 consisting of
1557.72 acres located south of Casa Loma Drive, east of Mt. Vernon Avenue; County
Property No. 2 consisting of 160.51 acres located south of Belle Terrace, west of Union
Avenue; County Property No. 3 consisting of 21.12 acres located south of Belle
Terrace and west of Cottonwood Road; County Property No. 4 consisting of 17.48
acres located south of Highway 58 east of Cottonwood Road; County Property No. 5
consisting of 94.52 acres located on the west side of Mt. Vernon Avenue, south of
Bernard Street; County Property No. 6 consisting of 7.57 acres located at the
northeast corner of Cottonwood Road and Belle Terrace; County Property No. 7
consisting of 13,835 square feet located at the northeast corner of Virginia Avenue
and S. Williams Street; County Property No. 8 consisting of 2.32 acres located at the
northeast corner of Cottonwood Road and Casa Loma Drive; County Property No. 9
consisting of 41,746 square feet located east of Virginia Avenue between Lake Street
and Kentucky Street, to Wards 1, 2, 3 & 7.
Resolutions:
(Ward 4) e. Resolution of Application proposing annexation of uninhabited territory to the City
identified as Annexation No. 607 consisting of 1.04 net acres located on the west side
of Allen Road, north of Rosedale Highway.
f. 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.
Agreements:
(Ward 7) g. Final Map and Improvement Agreement with 6152 Partners, LLC for Tract Map 6152
Phase 6 located south of McKee Road and east of Akers Road.
(Ward 3) h. Final Map and Improvement Agreement with CAVU/Rock Properties Project 1, LLC
for Tract Map 6850 Phase 1 located north of Alfred Harrell Highway and west of Lake
Ming Road.
i. Transportation Development Act Funds:
1. Agreement with Biking For Fun, Inc. ($50,000) for 50 bicycle and pedestrian
safety demonstrations at local schools and other approved events during the
course of one year.
2. Appropriate $50,000 Transportation Development Act Article 3 Grant Revenue
to the Capital Improvement Budget of the Capital Improvement Budget of
the Transportation Development Fund.
j. Agreement with Ariel Link to research billing errors on existing telecommunication
invoices.
2 City Council Meeting of 07/29/2009
8. CONSENT CALENDAR continued
k. Police Service Dogs:
1. Agreement with Master K-9 ($25,835) to purchase two (2) police service dogs
and train two (2) Police K-9 handlers.
2. Appropriate $33,420 Seized Asset Forfeiture Revenues to the Police
Department Operating Budget in the General Fund for the purchase of two
(2) police service dogs, initial 5 week training, lodging and per diem for two
(2) Police K-9 handlers.
(Ward 4) I. Agreement with Rykal Bakersfield, LLC ($37,135) to reimburse costs for improvements
constructed within the Brimhall Planned Drainage Area.
(Ward 4) M. Transportation Impact Fee Agreement with Rykal Bakersfield, LLC (not to exceed
$25,939) for construction of an expanded intersection at the northeast corner of
Brimhall Road and Jewetta Avenue.
n. Agreement with PropertyRoom.com to provide removal of surplus property held in
the Police Property Room and provide online auction services for said property.
o. Agreement with Environmental Research Institute, Inc. (not to exceed $296,000 for 3
year term) to provide licenses and software support for server and client software.
P. Amendment No. 2 to Agreement No. 07-196 with Jim Alfter Construction ($2,000,000;
revised not to exceed $6,000,000 and extending term for one (1) year) for concrete
construction.
(Ward 2) q. Amendment No. 2 to Agreement No. 07-082 with AECOM USA, Inc. ($3,038,000) for
engineering design services for the Westside Parkway Project. (TRIP)
(Ward 4) r. Contract Change Order No. 1 to Agreement No. 08/176 with Carvalho Construction
($14,655.87; revised not to exceed $565,654.87) for The Park at River Walk
Maintenance Building project.
(Ward 4) s. Contract Change Order No. 20 to Agreement No. 08-062 with Granite Construction
($27,940; revised not to exceed $8,514,272.50) for the Allen Road Improvements
between Ming Avenue and Stockdale Highway project.
(Ward 2) t. Contract Change Order No. 1 to Agreement No. 08-214 with Security Paving
Construction ($77,050; revised not to exceed $27,805,269.81) for the Westside
Parkway Phase I - Mohawk Street Extension Project. (TRIP)
(Ward 6) U. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 7 to Agreement No. 07-302 with Kiewit Pacific
Corp. ($387,162; revised not to exceed $216,556,492) for the project.
2. Transfer $387,162 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department Capital Improvement
Budget.
Bids:
V. Accept bid and award annual contract to Kern Sprinkler Landscaping, Inc. (not to
exceed $90,000) for on-call irrigation and landscape service.
3 City Council Meeting of 07/29/2009
8. CONSENT CALENDAR continued
Miscellaneous:
(Ward 7) w. Final Map with Lennar Homes of California, Inc. for Tract Map 7094 located south of
Berkshire Road and east of Wible Road.
X. Appropriate $78,320 State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Development Services Operating Budget in the General Fund.
Y. Appropriate $20,000 First 5 Kern Grant funds for swim lessons and recreational
swimming to the General Fund Recreation & Parks Department Operating Budget.
(Ward 2) Z. Consideration of changes to the current City and Redevelopment Agency Down
Payment Programs resulting from the current residential housing foreclosure crisis:
1. Discontinuance of the equity share provision requirement for current and prior
Parkview Cottages homebuyers.
2. Removal of the homebuyer affordable income covenant for 15 of the 74 total
Parkview Cottage homes.
Staff recommends adoption of Consent Calendar items a through z.
9. CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR HEARINGS
12. HEARINGS
13. REPORTS
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
qLu".-)
A Alan Tandy
" City Manager
07/22/09 2:00pm
4 City Council Meeting of 07/29/2009
AGENDA HIGHLIGHTS
July 299 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 12.m.
""There will be no CLOSED SESSION therefore dinner will not be t)rovided"
CONSENT CALENDAR
Agreements
Item 8o. Aareement with Environmental Research Institute Inc to Provide Licenses and
Software Support for Server and Client Software In an amount not to exceed $296,000. The City
has used ESRI software for Geographic Information Systems (GIS) since 2000. This software is
used for many applications including the production of maps that show detailed Information
such as ward boundaries, parcel lines and fire fund information, just to name a few. This three
(3) year contract will allow for unlimited use and upgrades of the ESRI desktop and server
products. This contract will result in a level annual payment for the next three years. The current
fiscal year payment amount is $92,013 ($85,000 flat rate plus tax). Funds for this expenditure are
available in the Information Technology Operating Budget.
Item 8p. Amendment to an Agreement with Jim Alfter Construction for Concrete Construction
in the amount of $2,000,000 revised total not to exceed $6,000,000., On June 20, 2007, Council
awarded the Annual Contract for concrete construction to Jim Alffer Construction for a one (1)
year period for $2,000,000, renewable annually thereafter for four (4) consecutive one-year
periods. On July 30, 2008, Council executed the first extension of this contract for an additional
$2,000,000. This Amendment will extend this contract for an additional year at a cost of
$2,000,000, with a total contract amount not to exceed $6,000,000. This action allows the City to
continue working with a good provider.
Item 8q. Amendment to and Agreement with AECOM USA, Inc for Engineering Design Services
for the Westside Parkway Protect in the amount of $3,038,000. AECOM USA, Inc is currently
under contract to provide engineering Design Services for the Westside Parkway Project (WSP).
In order to take advantage of the current bidding climate, the City recently amended
AECOM's contract to include: design work on additional phases of WSP; the early completion
of work to allow for multiple phases of the WSP to go out for bid; support services during project
construction to ensure the project stays on schedule; and the Inclusion of standard changes to
meet Caltrans design standards. These changes are part of the effort to maximize state funding
which will allow for the construction of a larger portion of the WSP project than was originally
contemplated. A combination of previously budgeted State and local funding will be used for
this Amendment.
Item 8u. Wastewater Treatment Plan No. 3 - 2007 Expansion Project. This item consists of a
Change Order to an Agreement with Kiewit Pacific Corporation in the amount of $387,162 with
a revised not to exceed amount of $216,556,492. This Change Order covers the cost of project
design revision required due to various reasons, including unknown site conditions. A
contingency was established for this project as part of the bond proceeds for this project. This
item includes a transfer of $387,162 from this contingency to the Public Works Department's
Capital Improvement Budget to cover the cost of this Change Order.
B~
Item 8v. Accept Bid and Award Annual Contract to Kern Sprinkler Landscaping) Inc for On Call
Irriaation and Landscaping Services in an amount not to exceed $90,000. Invitations to Bid were'
sent to over two hundred (200) contractors for the Annual Contract for On-Call Irrigation and
Landscape Services. Three (3) bids were received in response to this solicitation with Kern
Sprinkler Landscaping, Inc being the lowest. Staff recommends award of the contract to the
Kern Sprinkler Landscaping, Inc.
Miscellaneous
Item 8z. Consideration of Chanaes to the Current City and Redevelopment Agency Down
Payment Programs Resulting from the Current Residential Housing Foreclosure Crisis The City of
Bakersfield and the Bakersfield Redevelopment Agency currently offer down payment
assistance to qualified income restricted homebuyers that are purchasing homes associated
with City and Redevelopment Agency residential development projects. One of these projects,
the Parkview Cottages, has a standing inventory of 15 units, due to recent challenges in
qualifying these homebuyers for the program. There have been no sales transactions
completed Involving the Cottages since February 2008. This Item Includes the discontinuance
of the Equity Share Provision requirement for current and prior Parkview Cottages homebuyers
and the removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview
Cottage homes.
The Equity Share Provision was set up in order to recapture up to $26,000 from future equity that
might be generated when a qualified homebuyer sold the home at a later date. This tool 1.5
used to keep unusual windfall profits from being made by homeowners who participate in
government assisted homebuyer programs. Due to the current extraordinary conditions of the
housing market, any potential of windfall equity earnings that could be made by a homebuyer
over the next 10 years has been effectively removed. Staff also recently received permission
from CaIHFA to permit the sale of 15 completed, but unsold, units to market rate homebuyers.
However, the developer would still have to sell the remaining 20 lots with affordable income
restrictions. Staff recommends approval of both changes.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - July 29, 2009 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
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MEETING DATE: July 29, 2009 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA T I
DATE: July 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification
efforts in downtown Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: July 29, 2009 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA " -~-J-
DATE: July 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to Mic Hall honoring his parks
and Bike Path beautification efforts.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: , a
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City CIQ~ DEPARTMENT HEAC~L L,- ITT
DATE: July 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the July 7, 2009 Special Council Meeting and the July 15, 2009
Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
ALIFO
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: July 17, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of department payments from July 1, 2009 to July 16, 2009
in the amount of $25,459,328.47 and Self Insurance payments from July 1, 2009 to
July 16, 2009, 2009 in the amount of $726,761.05.
RECOMMENDATION:
Staff recommends approval of payments totaling $26,186,089.52.
BACKGROUND:
KLG
July 17, 2009, 10:16AM
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6 , C .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010
and, §1.12.040 by adding Annexation No. 596 consisting of 50.12 acres, located at the
southwest comer of Washington Street and Belle Terrace to Ward 1 and Annexation No.
591 consisting of 86.78 acres, located on the north side of Brimhall Road, east of Rudd
Road to Ward 4. (Wards 1 and 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 596 and 591 into the
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 596 is located at the southwest corner of Washington Street and Belle Terrace. The
annexation territory consists of 50.12 acres of vacant land. The property owner proposes commercial
development of the project site. The property owner requested annexation for development purposes
and to receive city services. This area will be included into Ward 1.
Annexation No. 591 is located on the north side of Brimhall Road, east of Rudd Road. The annexation
territory consists of 86.78 acres of undeveloped land. The property owner requested annexation for
development purposes and to receive city services. This area will be included into Ward 4.
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MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6.OL.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD .
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010,
§1.12.020, §1.12.030 and §1.12.070 by adding Annexation No. 597 consisting of the
following multiple uninhabited County owned properties: County Property no. 1,
consisting of 1557.72 acres, located south of Casa Loma Drive, east of Mount Vernon
Avenue, County Property no. 2, consisting of 160.51 acres located south of Belle
Terrace, west of Union Avenue, County Property no. 3, consisting of 21.12 acres,
located south of Belle Terrace and west of Cottonwood Road, County Property no. 4,
consisting of 17.48 acres, located south of Highway 58, east of Cottonwood Road,
County Property no. 5, consisting of 94.52 acres, located on the west side of Mount
Vernon Avenue, south of Bernard Street, County Property no. 6, consisting of 7.57
acres, located at the northeast comer of Cottonwood Road and Belle Terrace, County
Property no. 7, consisting of 13,835 square feet, located at the northeast comer of
Virginia Avenue and South Williams Street, County Property no. 8, consisting of 2.32
acres, located at the northeast corner of Cottonwood Road and Casa Loma Drive,
County Property no. 9, consisting of 41,746 square feet, located east of Virginia Avenue,
between Lake Street and Kentucky Street, to Wards 1, 2, 3 & 7. (Wards 1, 2, 3 and 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include 9 separate County owned properties (known
as Annexation No. 597, County Owned Properties No. 1) into the corresponding Council wards as
listed below. These properties are adjacent to the City limits. The City Manager's Office has
negotiated with the County of Kern to annex these lands that are within supervisory District No. 5.
• County Property no. 1, known as the Mount Vernon Sanitation District (this area is developed
with the Kem County Treatment Facility), consisting of 1557.72 acres and located south of Casa
Loma Drive, east of Mount Vernon Avenue. This area will be included into Ward 1.
ADMINISTRATIVE REPORT Page 2
• County Property no. 2, the Kern County Fairgrounds and Armory facility, consisting of 160.51
acres. The property is located generally south of Belle Terrace, west of Union Avenue. This
area will be included into Ward 1.
• County Property no. 3, Belle Terrace Park, consisting of 21.12 acres. The property is located
south of Belle Terrace and west of Cottonwood Road. This area will be included into Ward 1.
• County Property no. 4, the Kern Delta Park, consisting of 17.48 acres. The property is located
south of Highway 58, east of Cottonwood Road. This area will be included into Ward 7.
• County Property no. 5 includes Kern Medical Center, Juvenile Hall and Heritage Park,
consisting of 94.52 acres. The properties are located on the west side of Mount Vernon Avenue,
south of Bernard Street. This area will be included into Ward 3.
• County Property no. 6, County Community Services facility, consisting of 7.57 acres. The
property is located at the northeast corner of Cottonwood Road and Belle Terrace. This area
will be included into Ward 1.
• County Property no. 7, a sump, consisting of 13,835 square feet. The property is located at the
northeast corner of Virginia Avenue and South Williams Street. This area will be included into
Ward 1.
• County Property no. 8, a sump, consisting of 2.32 acres. The property is located at the
northeast corner of Cottonwood Road and Casa Loma Drive. This area will be included into
Ward 1.
• County Property no. 9, known as the East Side Canal, consisting of 41,746 square feet. The
property is located generally east of Virginia Avenue, between Lake Street and Kentucky Street.
This area will be included into Ward 2.
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of Application proposing annexation of uninhabited territory to the
City of Bakersfield identified as Annexation No. 607 consisting of 1.04 net acres
located on the west side of Allen Road, north of Rosedale. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of a neighborhood church to
the City of Bakersfield. The city annexed a portion of the church's parking lot (known as
Annexation No. 553, completed January 29, 2008) and the church wants the remaining area to be
included in the city limits. The proposed annexation identified as Annexation No. 607 consists of
1.04 acres of land. The annexation is adjacent to the City limits and is within the City's Sphere of
Influence boundary. The property owner has consented to annexation. The proposal is to annex
the land to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM g, f
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 10, 2009 CITY ATTORNEY
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 the demolishment of dangerous buildings and authorize
collection of the assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on July 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 APN COST
Ward 1/Councilmember Irma Carson
1. 910 Bank Street 010-221-15 $ 800.00
2. 328 Clifton Street 018-370-29 $ 775.00
3. 143 Clyde Street 018-390-25 $ 699.00
4. 313 Clyde Street 018-370-15 $ 775.00
July 10, 2009, 9:27AM
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PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
5. 5301 Jonah Street 412-212-52 $ 845.00
6. 614 K Street 009-272-13 $ 775.00
7. 828 L Street 009-221-05 $ 745.00
8. 122 Milham Drive 139-421-05 $ 975.00
9. 1213 Murdock Street 018-112-09 $ 774.00
10. 123 Oakdale Drive 020-064-05 $ 800.00
11. 340 Oakdale Drive 020-081-06 $ 675.00
12. 917 E. Planz Road 172-121-05 $ 300.00
13. 1201 Ralston Street 018-111-07 $ 419.00
14. 209 U Street 010-053-12 $ 944.00
15. 201 V Street 010-054-02 $ 1,485.00
16. 228 Wetherley Drive 020-084-25 $ 719.00
17. 804 White Lane 025-143-26 $ 975.00
18. 917 10"' Street 009-162-19 $ 650.00
19. 112 E. 8"' Street 139-191-05 $ 835.00
* 20. 640 E. 3`d Street 139-294-25 $ 6,633.00
* Demolished structure
Ward 2/Councilmember Sue Benham
21. 709 A Street 007-310-09 $ 300.00
22. 714 Dolores Street 016-300-11 $ 775.00
23. 709 Eye Street 009-251-07 $ 798.00
24. 314 H Street 010-140-22 $ 699.00
25. 926 Lake Street 015-360-11 $ 875.00
26. 530 Oregon Street 013-290-03 $ 1,060.00
27. 826 Pack Street 013-240-10 $ 300.00
28. 105 Quincy Street 012-041-02 $ 725.00
29. 505 31 st Street 002-082-07 $ 995.00
Ward 3/Councilmember Ken Weir
30. 3000 University Avenue 382-080-15 $ 1,510.00
Ward 4/Councilmember Couch
31. 10321 Bay Colony Drive 500-211-17 $ 815.00
Ward S/Councilmember Harold Hanson
32. 7320 Alamosa Lane 381-241-08 $ 774.00
33. 7100 Hilton Head Way 381-043-04 $ 800.00
34. 10517 Mount Pleasant Drive 497-193-27 $ 800.00
July 10, 2009, 9:27AM
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PROPERTY LOCATION APN COST
Ward 6/Coucilmember Jacauie Sullivan
35. 4500 Summer Side Avenue 441-160-39 $ 300.00
Ward 7/Councilmember Zack Scrivner
36. 4404 Cyclone Drive 515-151-03 $ 795.00
37. 4924 Elysium Street 372-031-04 $ 795.00
38. 1404 Interlaken Drive 517-442-11 $ 960.00
39. 4109 Rio Viejo Drive 515-481-03 $ 300.00
40. 6616 Squall Place 515-183-04 $ 884.00
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.
July 10, 2009, 9:27AM
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD gi,
DATE: July 9, 2009 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Tract Map and Improvement Agreements
1. Final Map and Improvement Agreement with 6152 Partners, LLC, a California
Limited Liability Company, for Tract Map 6152 Phase 6 located south of McKee
Road and east of Akers Road. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
dha
July 9, 2009, 3:34PM
G:\GROUPDAT\ADMINRPR2009\07-29\IM AGRMT - Final Map T6152.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: O, h
TO: Honorable Mayor and City Council PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 14, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Tract Map and Improvement Agreements
1. Final Map and Improvement Agreement with CAVU / Rock Properties Project 1, LLC,
a Limited Liability Company, for Tract Map 6850 Phase 1, located north of Alfred
Harrell Hwy and west of Lake Ming Road. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
dha
July 14, 2009, 3:55PM
G:\GROUPDATWDMINRPT\2009\07-29\IM AGRMT -Final Map T6850-1 Am
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ADMINISTRATIVE REPORT
1
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ZSP L
DATE: July 21, 2009 CITY ATTORNEY
CITY MANAGER Iw
SUBJECT: Transportation Development Act Funds:
1. Agreement with Biking For Fun, Inc. ($50,000), for 50 bicycle and pedestrian safety
demonstrations at local schools and other approved events during the course of one
year.
2. Appropriate $50,000 Transportation Development Act Article 3 Grant Revenue to
the Capital Improvement Budget of the Transportation Development Fund.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The City has been allocated $50,000 from the Kern Council of Governments to be used
for bicycle and pedestrian safety programs. This agreement provides for Biking For Fun, Inc. to host 50
bicycle and pedestrian safety demonstrations at local schools and other approved events during the
course of one year.
Biking For Fun, Inc. is a California Non-profit Corporation whose mission is to promote bicycling as an
everyday transportation alternative. As such, they have the staffing and expertise to host bicycle and
pedestrian safety programs.
Upon Council approval of agreement with Biking For Fun, Inc., KernCOG will issue payment of $50,000 to
the City of Bakersfield.
BU/Is
7/21/200911:35:41 AM
G:\GROUPDAT\ADMINRPT12009\07-29\Biking for Fun Agr.doc
A
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD r
DATE: July 9, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with ARIEL LINK to research billing errors on existing telecommunication
invoices
RECOMMENDATION:
Staff recommends approval of Agreement
BACKGROUND:
Ariel Link's telecommunications refund service will review existing telecommunications invoices to ensure
the City has only paid for the services and equipment we have contracted for and use, and that we were
billed at the right rate. Ariel Link will collect 50% of their findings/refunds as their fee. If it is determined
that there is no refund or credit due to incorrect billings and/or overcharges, Ariel Link will collect no fee.
Ariel Link has a high degree of experience and expertise in this area which City staff does not have or City
staff is unable to accomplish due to time constraints or limited resources.
July 9, 2009, 8:42AM
VATERAVelecommunications admin.doc
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1
ADMINISTRATIVE REPORT
q~1 0
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: pj
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD v _
DATE: July 17, 2009 CITY ATTORNEY Qom,
CITY MANAGER ~W
SUBJECT: 1. Approve agreement with Master K-9, Inc. to purchase two Police Service Dogs and
to train two Police K-9 handlers ($25,835.00).
2. Appropriate $33,420.00 Seized Asset Forfeiture Revenues to the Police Department
Operating Budget in the General Fund for the purchase of two Police Service Dogs,
initial 5 week training, lodging and per diem for two Police K-9 handlers.
RECOMMENDATION:
Staff recommends approval of agreement and appropriation.
BACKGROUND:
The Bakersfield Police Department K-9 Unit was established in 1988. During these last twenty-one years,
the unit has been responsible for thousands of arrests, from burglary to homicide suspects. The police K-
9, due to its strength, agility, courage, and amazing olfactory capabilities can be utilized to assist law
enforcement in various tasks in a more thorough and efficient manner. Because of these attributes, police
service dogs can be utilized to assist in searching for potentially violent criminals, aid in the apprehension
of fleeing criminals who may place innocent community members or other police officers at risk of injury.
The dogs also offer the department an effective public relations tool to disseminate information about the
police department's mission/functions/crime fighting efforts. In potentially dangerous situations, the police
K-9 can often assume the risk by preventing exposure of a police officer to a violent confrontation. And
finally, since all the K-9s are trained to detect narcotics contraband, they have located literally hundreds
and hundreds of pounds of marijuana, methamphetamine, cocaine, and heroin.
The BPD K-9 unit has a compliment of six cross-trained patrol dogs, one Labrador retriever which is
narcotics detection trained and a bloodhound for tracking/trailing. As Police Service dogs age, there
comes a point in time when they are no longer able to perform at the standard required to be useful to the
department. When this time comes, the dog is retired to its handler's home and the handler is allowed to
purchase the animal. Two BPD K-9 Patrol Service Dogs are approaching this stage of life, and will need
to be replaced in July 2009.
The cost of purchasing the two Police Service Dogs, 5 week initial handler training, lodging and per diem
for two officers, is $33,420.00. These expenditures will be paid with asset forfeiture funds, and will not
have any impact on the General Fund. Asset forfeiture funds are generated through narcotics detection,
interdiction, suppression, and seizure, and are available for use by the Police Department to support law
enforcement activities.
r
B A K
O SCGRWR4r S
ADMINISTRATIVE REPORT
IF0
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j .
TO: Honorable Mayor and City Council A P ROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
T
DATE: July 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Planned Drainage Area Reimbursement Agreement ($37,135.00) with Rykal Bakersfield,
LLC, for improvements constructed within the Brimhall Planned Drainage Area. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: As a condition of Parcel Map No. 11784, Rykal Bakersfield, LLC was required to install
and provide storm drain facilities for Brimhall Road and Jewetta Road. In order to provide storm drain
facilities for an area that encompasses Parcel Map No. 11784 as well as other properties, the City has
formed the Brimhall Planned Drainage Area. Rykal Bakersfield, LLC has expended $37,135 to construct
the storm drain facilities. This agreement will reimburse Rykal Bakersfield, LLC $37,135 from Brimhall
Planned Drainage Area fees that have been collected.
Ps
G:\GROUPDAT\ADMINRPT\2009\07-29\Rykal Bakersfield LLC PDA reimbursement agreement.doc
BAI{E~
Q `CWORIh,G `
ADMINISTRATIVE REPORT
c~~JFO
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: m
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD bt~`
DATE: July 15, 2009 CITY ATTORNEY
CITY MANAGER ~W
SUBJECT: Transportation Impact Fee Agreement with Rykal Bakersfield, LLC (not to exceed
$25,939.00) for construction of an expanded intersection at the northeast corner of Brimhall
Road and Jewetta Avenue. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Rykal Bakersfield, LLC has constructed improvements for the expanded intersection at
the northeast corner of Brimhall Road and Jewetta Avenue. This improvement is listed on the 2007-2028
Regional Transportation Capital Improvement Plane as a required facility for the orderly development of
the transportation infrastructure required by the expected development of the Metropolitan Bakersfield
General Plan. In lieu of paying its obligated Regional Transportation Impact Fees, the City agrees to credit
Rykal Bakersfield for his portion of regional transportation impact fees up to the actual amount of design
and construction cost of the improvement, not to exceed $25,939.00.
Ps
G:\GROUPDATWDMINRPT\2009\07-29\Rykal Bakersfield LLC TIF agreement.doc
BAKEn
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ADMINISTRATIVE REPORT
cgLIFO
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: ri <
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: July 17, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approve agreement with Property Room. com to provide removal of surplus property held in
the Police Property Room and to provide online auction services for said property.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The Bakersfield Police Department operates a property room in which all evidence is tagged and secured.
Evidence held in the property room is stored and secured until it has been released by the courts to be
returned to its owner, destroyed, or scheduled for disposition.
Historically, property scheduled for disposition is either auctioned by local auctioneers or, if not accepted
by the auctioneer, it is disposed of at the County landfill. This process has been cumbersome at best, and
the auctions offer very small bidding pools. At this point in time, the BPD would like to implement a more
efficient process that has the potential to recover more revenue from disposed property.
Property Room. com specializes in the processing and selling of property room items from law enforcement
agencies. Their online auctions provide a greater potential to recover revenue, due to the large bidding
audience afforded by the internet. This alternative will provide the BPD a mechanism to more efficiently
dispose of property room items, at no cost to the City.
PropertyRoom.com will provide a monthly pick up service, and will take all our surplus property, regardless
of its condition. They will clean, test, appraise and inventory all our items, list them on their website for
public online auction, process all transactions and ship the items to the winning bidders. All costs for this
service are taken as a commission upon each sale of City property.
BAKE
O~~C09V091~ RS
ADMINISTRATIVE REPORT
cq~/F0 ~~A
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:- .
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: July 17, 2009 CITY ATTORNEYS
CITY MANAGER
SUBJECT: License Agreement with Environmental Systems Research Institute Inc. (E to provide
licenses and software support for server and client software in the amount of $92,013.
RECOMMENDATION:
Staff recommends approval of this purchase.
BACKGROUND:
The city has used ESRI software for Geographic Information Systems (GIS) since 2000. As use of GIS
has grown over the years the cost of maintenance has risen every year for the last the years as we have
increased our license total. This three year contract allows for the unlimited use and upgrades of the ESRI
desktop and server products as described in the contract resulting in a level payment for the next three
years. The software is used by many departments for producing maps, ward boundaries, parcel lines, fire
fund, etc. The amount of $92,013 is available in the Information Technology operating budget.
m rc
July 17, 2009, 9:17AM
Documents
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: July 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-196 with Jim Alfter Construction extending the term
for one (1) year and adding $2,000,000 (for a total not to exceed amount of $6,000,000) to
the Annual Contract for concrete construction. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 20, 2007, Council awarded the Annual Contract for concrete construction to
Jim Alfter Construction for a one (1) year period at $2,000,000; renewable annually thereafter for four (4)
consecutive one-year periods. On July 30, 2008, Council executed Amendment No. 1 adding an
additional $2,000,000 for a revised not to exceed amount of $4,000,000 and extending term one year to
expire in August 2009. If approved, Amendment No. 2 will add $2,000,000 for a revised not to exceed
amount of $6,000,000 and will extend term one year to expire August 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:\PURCH\ADMINWmendments\Amendment #2 to Agreement 07-196, Jim Alfter, AC Concrete Construction, July 29, 2009.doc
July 16, 2009, 10:22AM
Co R
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ADMINISTRATIVE REPORT
c ,
IF
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 16, 2009 CITY ATTORNEY-
CITY MANAGER
SUBJECT: Approve Amendment No. 2 to Agreement 07-082 with AECOM USA, INC., for Engineering
Design Services for the Westside Parkway Project (additional $3,038,000.00). (TRIP)
(Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: AECOM USA, INC (formerly DMJM Harris Inc.) is currently under contract to
provide Engineering Design Services for the Westside Parkway project. Initially, the City awarded
AECOM USA, INC Phase I of the final design work to prepare Plans, Specifications and Estimates (PS&E)
for the initial construction phases of the Westside Parkway. On November 19, 2009, the City amended
AECOM's contract to include Phase 11 of the final design work identified in their original scope of work.
As the Thomas Roads Improvement Program (TRIP) has continued to develop, the connection of the
Westside Parkway to State Route 58 via the Centennial Corridor has emerged as a high priority.
Simultaneously, as this potential connection progressed, the California Department of Transportation
(Caltrans) began taking an active role in assisting the City and AECOM to ensure the Westside Parkway
adequately meets their design standards. This is being done so that once the Westside Parkway is
constructed and connected to State Route 58 via the Centennial Corridor, Caltrans will be able to adopt
the facility as State Route 58. When AECOM originally submitted their scope and fee, the Westside
Parkway was to be designed as a local facility without Caltrans involvement/oversight/process reviews,
and AECOM based their scope and work effort accordingly. With Caltrans participation and use of their
design standards, AECOM has had to spend additional time and effort preparing the PS&E.
In addition to the change in standards, the City asked AECOM to accelerate their timing to complete a
PS&E package to go out for bid for multiple phases of the Westside Parkway. Due to the advantageous
bidding climate and the desire to encumber all available State funding, the City asked AECOM to prepare
6 individual packages for various phases of work so that a base bid and 5 additive alternate packages
could be bid. When AECOM originally submitted their scope and fee, they intended to submit one PS&E
package for this work. By breaking up the phases into individual components and expediting their
delivery, AECOM's time and costs increased.
Finally, the City asked AECOM to include a fee to provide support services during project construction,
allowing them to respond to contractor and staff questions and ensuring the project stays on schedule.
City Staff recommends approval of this Amendment No. 2 to Agreement No. 07-082. A combination of
previously budgeted State and local funding will be used for this amendment.
Due to the voluminous nature of the agreement exhibits, they are on file in the City Clerk's Office for review.
July 16, 2009, 10:47AM
G:\GROUPDAT\ADMINRPT12009\07-29\AECOM Amendment 2 - Adminl_l.doc T8K139
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
a~
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-176 with Carvalho Construction
($14,655.87, for a revised not to exceed amount of $564,654.87) for the project known
as The Park at River Walk Maintenance Building (Ward 4).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: This project provides for the construction of a maintenance building next to the
amphitheater in the Park at River Walk.
During construction, it was determined that plumbing and electrical systems needed to be modified in
order to provide for the installation of a future ice machine. The contractor has agreed to do this additional
work for the lump sum price of $1,928.00.
In order to maximize the storage space in the new facility, it was determined that a wall needed to be
removed and that a concrete floor needed to be installed instead of the planned asphalt concrete floor.
The contractor has agreed to accept a lump sum of $316.20 for these modifications.
In order to properly tie-in the electrical system to the main power panel, the main electrical conduit and
wiring needs to be extended. The contractor has agreed to do this work for the lump sum of $1,384.76.
In order to give the building a more uniform appearance, it was determined that a stone veneer and
concrete cap needs to be installed at the northeast column and that additional plaster and paint need to be
placed on the north and west sides of the building. The contractor has agreed to accept a lump sum price
of $5,735.00 for these additions.
The new underground utility substructure for this building had to be modified and relocated in order to
conform to the existing underground utilities. The contractor has agreed to relocate these utilities for the
lump sum price of $4,091.91.
Due to existing conditions, two additional courses of CMU block need to be installed on the building in
order to bring it to the proper design elevation. The contractor has agreed to install the additional block for
the lump sum price of $3,850.00.
During construction, it was discovered that the faucets needed to be upgraded and that automatic light
and fan switches need to be installed in order to comply with ADA requirements. The contractor has
agreed to install these upgrades for the lump sum price of $350.00.
RM (Construction)
July 8, 2009, 10:58AM
G:\GROUPDAT\ADMINRPT\2009\07-29\CCO 1 Maintenance Building at River Walk.doc
ADMINISTRATIVE REPORT
The project documents require the contractor to provide a mobile field office for the use of City personnel.
This field office was not needed and the contractor has agreed to provide a credit of ($3,000.00) for the
deletion of this item.
This is the first change order to be submitted for this project. This change order will increase the project
total by $14,655.87 (which results in a 2.7% increase of the original contract amount) as illustrated below:
• Original Contract Amount = $549,999.00
• Amended Contract Agreement after Change Orders = $564,654.87
Net Increase to date = $ 14,655.87
RM (Construction)
July 8, 2009, 8:53AM
G:\GROUPDAT\ADMINRPT\2009\07-29\CCO 1 Maintenance Building at River Walk.doc
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ADMINISTRATIVE REPORT
c~
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 71117_
DATE: July 8, 2009 CITY ATTORNEY _
CITY MANAGER
SUBJECT: Contract Change Order No. 20 to Agreement No. 08-062 with Granite Construction
($27,940.00; for a revised not to exceed amount of $8,514,272.50) for the project
known as Allen Road Improvements between Ming Avenue and Stockdale Highway
(Ward 4)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the construction of new roadway on the Allen Road alignment
across the Kern River between Stockdale Highway and Ming Avenue.
Contact Change Order No. 20 provides for various items of extra work required to provide for the proper
construction of the roadway project. These items of additional work are as follows:
• Replacement of nine Chinese Elm trees with Valley Oak trees. This was necessary due to the Valley
Oak trees proximity to the Kern River along with the requirement that only trees native to the
Bakersfield area are allowed to be planted in the Kern River area.
• Stabilization of soil: During construction operations it was discovered that the soil beneath the
roadway in the intersection of Hillary Way and Allen Road was unstable. The west half of the
intersection had to be excavated and stable material had to be imported, placed and compacted.
• Installation of additional slopes, ramps, and gates: Kern County Water Agency required the installation
of the additional facilities and earthwork in order to provide access to the Cross Valley Canal off of
Allen Road.
• Drainage work to prevent soil erosion: Additional sidewalk work and installation of "rip rap" was
required at the intersection of Ming Avenue and Allen Road in order to improve drainage and to
prevent the erosion of earthen slopes in this area.
• Joint seal work and plate installation: Due to lack of proper clearance on the bridge, two 6" PG&E
conduits were moved from the bridge to the sidewalk. This move affected the joint seal installation
requiring additional work at the joints at the north and south sides of the bridge. A steel plate was also
installed in one area to mitigate the effect of the PG&E conduit relocation.
July 13, 2009, 2:19PM
G:\GROUPDATIADMINRP112009\07-29\CCO 20 Allen Road Bridge and Improvements.doc
ADMINISTRATIVE REPORT
• Channelizer installation and removal: This additional work was necessary in order to provide proper
channelization of traffic at Ming Avenue in the transition area from the new section of Allen Road to the
existing section of Allen Road south of Ming Avenue.
• Installation of additional monumentation: Additional survey monuments need to be installed in order to
comply with current City policy and to provide for recorded survey information needed for future
projects in this area.
The net cost increase of Change Orders No. 20 is $27,940.00. The change orders to date on this project
reflect a total cost increase of $418,656.50 (which is an increase of 5.2% of the original contract amount)
as illustrated below:
• Original Contract Amount = $8,095,616.00
• Amended Contract Agreement after Change Orders = $8,514,272.50
Net Increase to date = $ 418,656.50
July 13, 2009, 2:19PM
G:\GROUPDAT\ADMINRPT\2009\07-29\000 20 Allen Road Bridge and Improvements.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-214 with Security Paving Construction
($77,050.00 for a revised not to exceed amount of $27,805,269.81) for the Westside
Parkway Phase I - Mohawk Street Extension Project (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of construction of the first phase of the Westside
Parkway project which includes the new construction and widening of Mohawk Street from Rosedale
Highway to Truxtun Avenue. Bridges will be constructed over the Kern River, the BNSF railroad, as well as
over the future Westside Parkway. The roadway includes provisions for the on and off ramp connections to
the future Westside Parkway.,
Change Order No. 1 provides for the purchase of equipment (poles, controller, etc.) for the traffic signal at
the Rosedale Highway/Mohawk Street intersection. This signal installation is the first order of work on the
project, and it had originally been planned that the City would purchase and then provide the contractor this
equipment in order to expedite the project. However, the City was not able to bid and place an order for
this equipment prior to the State freezing the construction funding for the project. This funding freeze
resulted in a 4 month delay to the project and so there became no longer a need for expediting the delivery
of this traffic signal equipment. Accordingly, staff requested Security Paving to supply this equipment as
part of their contract, and this change order covers this cost.
The net cost increase of Change Order No. 1 is $77,050.00. This provides a total contract amount of
$27,805,269.81, which is a 0.28% increase as illustrated below:
• Current Contract Amount = $27,728,219.81
• Current Change Order No. 1 = $ 77,050.00
• Amended Contract Agreement after Change Order = $27,805,269.81
Net Increase to date = $ 77,050.00
Adequate state funds have been previously budgeted to cover this additional cost.
G:\GROUPDAT\ADMINRPT\2009\07-29\Admin Rpt CCO 1 WSP Phase I-Mohawk Project -.doc Project # T9WP10
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ADMINISTRATIVE REPORT
By I
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O ~
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 7 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($387,162; for a revised not to exceed amount of $216,556,492).
2. Transfer $387,162 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and transfer.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve
odor control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3
to comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized in the attached Change Order.
Change Order No. 7 provides for the negotiated resolution for these items. In general, the reasons for
the change order are either unknown site conditions or required design revisions due to various reasons.
Since the contractor's original bid did not provide for these items as shown in the attachment, a change
order is required. The City and Construction Manager determined that these claims have merit.
This is the seventh change order to be submitted for this project. This change order will increase the
contract by $387,162. Cumulative change orders to date total $5,535,492 (which is an increase of
2.62% of the original contract amount) as illustrated below:
• Original Contract Amount = $211,021,000.00
• Amended Contract Agreement after Change Orders = $216,556,492.00
Net Increase to date = $5,535,492.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
G:\GROUPDAT\ADMINRPT\2009\07-29\CCO 7 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: g , V
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: July 8, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Kern Sprinkler Landscaping, Incorporated (not to exceed
budgeted amount of $90,000) for the annual contract for On-Call Irrigation and Landscape
Service. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) contractors for the Annual
Contract for On-Call Irrigation and Landscape Service. Three bids were received in response to
solicitation. Complete bids were received from Kern Sprinkler Landscaping, Inc. and CCN
Wholesale Nursery & Landscaping, Inc. and are listed as follows. An incomplete bid from Rock
Bottom, Inc. cannot be accepted as they did not acknowledge receipt of an addendum that
modified bid items; therefore, the bid submitted is not calculated on a comparative item list. The
bidders provide per unit costs for each item as their bid for this contract. In this case, where the
City does not intend to split the bid award, the City determines the lowest bidder by multiplying the
contractor's unit price for each of the 87 separate items by the estimated number of units for each
item to arrive at an estimated total cost figure. The comprehensive list of 87 items represents the
City's best estimate of expected product needs at the time the bid package was distributed.
The actual budget available for this type of work is $90,000. So, even though the mathematical
calculations of the various bidders' unit prices multiplied by the City's estimated number of units
exceeds the budget figure, we only award the contract for the amount of budgeted funds available.
The bidders understand that they are bidding on per unit prices and not an overall dollar award. As
departments make use of the contract throughout the contract period the vendor will cost each
invoice with the per unit prices submitted in their bid. The contract award is for a one year period;
renewable annually for four consecutive one-year periods at the City's option and upon mutually
agreeable terms.
BIDDER BID AMOUNT
Kern Sprinkler Landscaping, Inc., (Bakersfield, California) $220,173.75
CCN Wholesale Nursery & Landscaping, Inc. (Bakersfield, California) $467,280.25
Staff finds the overall low bid submitted by Kern Sprinkler Landscaping, Inc. to be acceptable and
recommends award of contract in the amount of $90,000.
Purchasing Division
S:\PURCH\ADMIWdmin 09-10\AC for On-Call Irrigation and Landscape Service, 08-09-63, July 29, 2009.doc
July 9, 2009, 7:51AM
A
ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6 • VV
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD t`
DATE: July 13, 2009 CITY ATTORNEY 115W
CITY MANAGER
SUBJECT: Tract Map (ONLY)
1. Final Map with Lennar Homes of California, Inc. a California corporation, for Tract
Map 7094 located south of Berkshire Road and east of Wible Road. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the map. (ONLY)
BACKGROUND: Tract No. 7094 is a division of Lot 31 Tract No. 6367 Unit 3 recorded January 23,
2007 in Book 57 of Maps at Page 28 and 29 in the Office of the Kern County
Recorder. All improvements were constructed with Tract No. 6367 Unit 3 for the lots
to be created with the recordation of Tract No. 7094. A notice of Completion and
Acceptance of Work was recorded on August 24, 2007 as Document No.
0207176663, O.R. and a Security Release letter dated November 10, 2008 was
issued. Therefore, no Agreements or Occupancy Covenant are necessary for the
recordation of the final map.
NOTE: THE IMPROVEMENT AGREEMENTS
FOR TRACT 6367 UNIT 3 ARE FILED IN THE
CITY CLERK'S OFFICE FOR REVIEW.
dha
July 13, 2009, 4:38PM
G:\GROUPDAT\ADMINRPT\2009\07-29\Final Map T7094 (MAP ONLY).doc
A
ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM: f3. y,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 7, 2009 CITY ATTORNEI~/
CITY MANAGER
SUBJECT: Appropriate $78,320.00 State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Development Services Operating Budget in the General Fund (All
Wards)
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
The City has received a $78,320.00 state grant from the California Integrated Waste Management
Board (CIWMB) for waste tire enforcement. The grant will offset funding for Code Enforcement staff
time directly related to the development, monitoring and implementation of a program to educate tire
dealers and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal
disposal of waste tires.
July 13, 2009, 9:16AM
S:\DanaWDMINS\2009Uuly17-29-TEA 16 Waste Tire Enforcement Grant Admin.doc
BA
O~~,COYPORR E
ADMINISTRATIVE REPORT
Y,
IF
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD ~-fr
DATE: July 21, 2009 CITY ATTORNEY Y
CITY MANAGER
SUBJECT: Appropriate $20,000 First 5 Kern grant funds for swim lessons and recreation swimming
to the General Fund Recreation and Parks Department Operating Budget.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Recreation and Parks Department received $20,000 from First 5 Kern to provide free swim lessons
and free recreational swimming to children at the Dr. Martin Luther King, Jr. Community Center Pool (MLK
Pool) and at Jefferson Pool. From June 2, 2008 through August 8, 2008, the City of Bakersfield provided
free swim lessons to 274 children ages 0 to 5 at MLK Pool and 208 children ages 0 to 5 at Jefferson Pool.
The City of Bakersfield also provided free supervised recreational swimming to 1,627 children ages 0 to 5
and their parents at MLK Pool, and 2,175 children ages 0 to 5 and their parents at Jefferson Pool.
July 21, 2009, 10:17AM:jln
S:WDMINISTRATION DIVISION\Business Manager\Joe\Admin Reports\FY 2009\First 5_Swim_07.02.09
ADMINISTRATIVE REPORT
MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: July 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Consideration of Program Changes to the current City and Redevelopment Agency Down
payment Programs resulting from the current Residential Housing foreclosure crisis.
1. Discontinuance of the Equity Share Provision requirement for current and prior Parkview
Cottages homebuyers.
2. Removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview
Cottage homes.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
The City of Bakersfield and the Bakersfield Redevelopment Agency currently offer down payment
assistance to qualified income restricted homebuyers that are purchasing homes associated with City and
Redevelopment Agency residential development projects. In recent months, it has become almost
impossible to qualify these more challenging homebuyers for the program resulting in 15 standing
inventory in the Parkview Cottages. There have been no sales transactions completed since February
2008.
The existing City and Agency Homebuyer program for the Parkview Cottages was established with an
"equity share" program. This program was set up in order to recapture up to $26,000 from future equity
that might be generated when a qualified homebuyer sold the home at a later date. The amount was
determined from the actual cost of the property that was contributed to the project and over time would
have been reduced to $2,600.00. This equity share practice is used by governmental agencies to keep
unusual windfall profits from being made by homeowners who participate in government assisted
homebuyer programs.
During these extraordinary residential housing market times, the average price of homes in Kern County
have fallen in excess of 52% from their 2002 values, effectively removing any potential of windfall equity
earnings that could be made by a homebuyer over the next 10 years. In addition, the recorded "equity
share" provision is confusing to lenders, homebuyers and realtors trying to bring potential qualified buyers
for consideration. These new homes also must compete with a large foreclosure market that already has
a significant impact on the sales activity.
S:Wdmins\City Council\City Council Admins 2009\affordable housing chgs.doc
7/20/2009 2:53 PM
ADMINISTRATIVE REPORT Page 2
Funds were received from the State CALHFA loan program to purchase the property for the Parkview
Cottages. The original plan called for the development of 74 units of which 39 were to be reserved for
families whose incomes do not exceed 120% of median income and 35 were to be reserved for families
whose incomes do not exceed 80% of medium income. Staff received permission from CaIHFA to permit
the sale of the 15 completed but unsold units to market rate homebuyers. This action does not change the
requirement for the developer to sell the remaining 20 lots with affordable income restrictions.
Staff met with the current homeowners, developer and lenders to discuss several alternatives to try to help
expedite the sales of the standing inventory to homebuyers. The conclusion reached by all parties was to
implement the proposed homebuyer program changes discussed above and to aggressively market the
units at new lower prices in MLS. The new prices were established by recent appraisals obtained by city
staff and by the developer.
Staff recommends that the equity share provision be discontinued on all homebuyer assistance programs
until further notice. In order to promote fair treatment for previous homebuyers in the project, staff would
also recommend removal of the equity share provision from exiting homeowner notes and deeds. Staff
also recommends that the 15 constructed units be offered for sale to income eligible homebuyers and
homebuyers without income limit restrictions. Down payment assistance funds will be available for income
eligible homebuyers only.
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7/20/20092:53 PM
A
OF r S
ADMINISTRATIVE REPORT
YLL
c LI
MEETING DATE: July 29, 2009 AGENDA SECTION: Closed Session
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: July 10, 2009 CITY ATTORNEY v
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (Two matters)
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\7-29-09.PotLit2.doc
BA E
o~ 014r, I 1 BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 7, 2009
L
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting 12:00 p.m.
SPECIAL MEETING- 12:00 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. PUBLIC STATEMENTS
Bob Decker with the Home Builders Association spoke
regarding concerns with the City's impact fee
program.
Matt Towery, local builder, spoke in opposition to
raising traffic impact fees.
3. DEFERRED BUSINESS
a. Metropolitan Bakersfield Regional
Transportation Impact Fee, Phase IV:
1. Resolution adopting the 2008-2035 RES 084-09
Regional Transportation Facilities List
Phase IV, fee schedule and nexus report.
City Manager Tandy gave a brief overview and
introduced Administrative Analyst Teglia, who
provided information, then introduced Finance
Director Smith, who provided financial information.
Councilmember Couch submitted documentation
which shows how 40 other cities collect the fee at
Certificate of Occupancy, and asked staff to look into
this and report back to Council on the feasibility of
utilizing the same concept.
Bakersfield, California, July 7, 2009 - Page 2
3. DEFERRED BUSINESS continued ACTION TAKEN
Item 3.a.1. continued
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Transportation Impact Fee Resolution.
4. ADJOURNMENT
Mayor Hall adjourned the meeting at 1:19 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
9A E
o~ ; oR„BAKERSFIELD CITY COUNCIL
U *4 MINUTES
MEETING OF JULY 15, 2009
IFO
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 Rick Prevost, Fellowship
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Cindy Ramos, 5th Grade
Student at Wayside Elementary School.
4. PUBLIC STATEMENTS
a. Dr. Alvis H. West, with Life Savers, spoke
regarding changing parking limits at 25th and H
streets so that it is adequate in time and safe in
utilization.
b. Ken Mettler, with the California Republican
Assembly, spoke regarding the courthouse
donation, Consent Calendar Item 8.c.
C. Kimberly Navarro spoke on behalf of LQ's
Performing Arts Center and its Back to School
Outreach, and submitted written material.
5. WORKSHOPS
a. Metropolitan Bakersfield Habitat Conservation
Plan Renewal Process.
Planning Director Movius made a computer
presentation.
Bakersfield, California, July 15, 2009 - Page 2
5. WORKSHOPS continued ACTION TAKEN
Item 5.a. continued
Councilmember Couch thanked Planning
Director Movius for his many years of service
and hard work to the City of Bakersfield and
wished him well in his retirement.
Councilmember Couch referred the Habitat
Conservation Plan Renewal Process to the
Planning and Development Committee.
b. Final Submission for the National Recreation
and Park Association Gold Medal Award.
Recreation and Parks Director Hoover made a
presentation, showed a video submitted to the
National Recreation and Park Association, and
acknowledged City staff and others who
worked on putting together the video.
6. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaque
and gift certificate to Robert M. Sherfy.
Deputy City Attorney Sherfy received the
proclamation and made comments.
b. Presentation by Mayor Hall of a Proclamation to POSTPONED TO
Herb Walker honoring his beautification efforts A FUTURE DATE
in downtown Bakersfield.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 24, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from June ABS WEIR
12, 2009 to June 30, 2009 in the amount of
$24,829,874.04 and self-insurance payments
from June 12, 2009 to June 30, 2009 in the
amount of $310,013.13.
Bakersfield, California, July 15, 2009 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
None.
Resolutions:
C. Sale of Real Property: REMOVED FOR
SEPARATE
1. Resolution declaring real property CONSIDERATION
located at 510 19th Street surplus to the
needs of the City.
2. Agreement with the United States of
America to donate real property
located at 510 19th Street for a Federal
Courthouse.
d. Resolution authorizing the Police Department to RES 086-09
apply for the Edward Byrne Memorial Justice
Assistance Grant ($202,108) from the U. S.
Department of Justice.
e. Resolution of Intention No. 1639 to add territory, ROI 1639
Area 1-87 to the Consolidated Maintenance
District and preliminarily adopting, confirming
and approving the Public Works Director's
Report.
f. Resolution of Intention No. 1640 to add territory, ROI 1640
Area 4-92 to the Consolidated Maintenance
District and preliminarily adopting, confirming
and approving the Public Works Director's
Report.
Agreements:
g. Ground Lease Agreement with Gordon Dole AGR 09-086
($40 per month) for purposes of constructing an
aircraft storage hangar at the Bakersfield
Municipal Airport.
h. Agreement with CompuCom Systems, Inc. AGR 09-087
($225,000) to provide Microsoft Licenses for 1029
City computers for five years.
Bakersfield, California, July 15, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
i. Amendment No. 1 to Agreement No. CA08-020 AGR 09-088
with Hogan Guiney Dick LLP (not to exceed
$60,000) for outside legal services in the matter
of Citizens for Responsible Growth, etc., et al v
City, et al. KCSC Case No. S-1500-CV-264869.
j. Agreement with Plains Pipeline LLC ($1,400,000) AGR 09-089
for the relocation of oil facilities for the Westside
Parkway Phase II Project. (TRIP)
k. Amendment No. 1 to Agreement No. 08-015 AGR 08-015(1)
with Redflex Traffic Systems, Inc. for photo red
light enforcement program.
1. Amendment No. 2 to Agreement No. 07-366 AGR 07-366(2)
with Moore lacofano Golstman, Inc. ($17,155;
total not to exceed $456,025) for assistance in
re-bidding the Mesa Marin Sports Complex
Project.
M. Amendment No. 1 to Agreement No. 08-114 AGR08-114(1)
with Duane Morris, LLP (not to exceed $300,000)
for outside legal services concerning State
Water Resources Control Board, Reference No.
KMB:A31674.
n. Amendment No. 1 to Agreement No. 09-009 AGR 09-009(1)
with Aleshire & Wynder, LLP ($60,000; total not
to exceed $140,000) for outside legal services
for redevelopment and/or other miscellaneous
matters as directed by the City Attorney.
o. Amendment No. 1 to Agreement No. 08-123 AGR 08-123(1)
with AmCal Santa Fee Fund, L.P. for the
construction and development of
approximately 3,000 square feet of
commercial/retail space and 55 affordable
multi-family units at 701 Union Avenue - Santa
Fe Apartments to extend performance dates.
P. Annual Contracts for auctioneer services:
1. Amendment No. 2 to Agreement AGR 07-228(2)
No. 07-228 with Tri-State Auction Systems,
Inc. (extending term to July 17, 2010) for
auctioneer services.
Bakersfield, California, July 15, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.p. continued
2. Amendment No. 2 to Agreement AGR 07-229(2)
No. 07-229 with Quality Team, Inc.
(extending term to July 17, 2010) for
auctioneer services.
q. Amendment No. 3 to Agreement No. 06-219 AGR 06-219(3)
with Ameripride Uniform Services (extending
term for one (1) year) for industrial laundry
services.
r. Amendment No. 2 to Agreement No. 07-230 AGR 07-230(2)
with Ferguson Enterprises ($80,000; total not to
exceed $240,000 and extending tem for one (1)
year) for fire hydrants and hydrant repair parts.
S. MaintStar Work Order System:
1. Amendment No. 1 to Agreement AGR 07-290(1)
No. 07-290 with MaintStar, Inc. ($52,000;
total not to exceed $429,500) for the
development conversion of data for
General Services and Street Divisions.
2. Transfer $52,000 from a budgeted Public
Works Department Capital Improvement
Project (Remove High Voltage Circuitry)
to the Capital Improvement Budget
within the Capital Outlay Fund to fund
the amendment.
t. Contract Change Order Nos. 23, 25, 29, 55 and AGR 07-304
56 to Agreement No. 07-304 with Security 00023, 00025,
Paving Construction ($103,461.25; revised not to 00029, 00055,
exceed $30,115,713.17) for the State Route 178 00056
and Fairfax Road Interchange Project. (TRIP)
U. Contract Change Order No. 1 to Agreement AGR 09-065
No. 09-065 with Kern Pacific Construction Co. 0001
($142,000; revised not to exceed $819,395) for
the Sewer Improvement Project on McCutchen
Road from Wastewater Treatment Plant No. 3 to
Ashe Road and from Ashe Road, 450' north of
McKee Road to McCutchen Road.
Bakersfield, California, July 15, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
V. Contract Change Order Nos. 3 and 4 to AGR 08-126
Agreement No. 08-126 with Floyd Johnston 0003, 0004
Construction Co. ($43,440.30 and $17,232
respectively; revised not to exceed $711,936.30)
for the Coffee Road Waterline Project.
Bids:
W. Accept bid and award contract to H & H AGR 09-090
Engineering Construction, Inc. (not to exceed
$100,000 in a four (4) year period) for Bakersfield
Amtrak Railroad maintenance and repair.
X. Reject all bids for voice communication system
for the City.
Miscellaneous:
Y. Acceptance of 2007-08 Transportation
Development Act Funds Financial
Statements.
Z. Appropriate $16,000 developer contributions to REMOVED FOR
the Economic & Community Development SEPARATE
budget within the Capital Outlay Fund for CONSIDERATION
professional consultant services in the
preparation of a Section 108 Loan application
for Economic Development.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Couch announced he would abstain
due to conflict of Interest, potential source of income
to himself and his employer, on item 8.c.
Councilmember Carson requested that item 8.z. be
removed for separate consideration.
Councilmember Benham requested that Item 8.c. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.z, with the removal for
separate consideration of items 8.c. and 8.z.
Bakersfield, California, July 15, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
C. Sale of Real Property:
1. Resolution declaring real property RES 085-09
located at 510 19th Street surplus to the
needs of the City.
2. Agreement with the United States of AGR 09-085
America to donate real property DEED 7100
located at 510 19th Street for a Federal
Courthouse.
Motion by Councilmember Benham to adopt APPROVED
the Resolution and approve the Agreement. AB COUCH
Z. Appropriate $16,000 developer contributions to
the Economic & Community Development
budget within the Capital Outlay Fund for
professional consultant services in the
preparation of a Section 108 Loan application
for Economic Development.
Motion by Councilmember Carson to approve APPROVED
Consent Calendar item 8.z.
9. CLOSED SESSION
None.
10. CLOSED SESSION ACTION
None.
11. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering RES 087-09
the summary vacation of any and all street right
of way for 20th, S and T Streets, and all alleys
bounded by the south right of way of 21st Street,
the north right of way of 19th Street, the east
right of way of R Street and the east property
line for the proposed Federal Building parcel.
b. Public Hearing to consider Resolution ordering RES 088-09
the vacation of a portion of 14th, 13th and R
Streets and alley west of R Street.
Bakersfield, California, July 15, 2009 - Page 8
11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
C. Public Hearing to consider the following
documents regarding the U. S. Department of
Housing and Urban Development (HUD) Section
108 Loan ($1,800,000) to provide furniture,
fixtures and equipment for the Padre Hotel
located at 1813 H Street.
1. Resolution authorizing the submission of a RES 089-09
Section 108 Loan Guarantee application AGR 09-091
($1,800,000) to HUD to provide funds for
furnishings, fixtures and equipment for
the Padre Hotel.
2. Sub-recipient Agreement with Padre AGR 09-092
Hotel, L.P. for the repayment of DEED 7101
$1,800,000 Section 108 Loan Guarantee
repaid over 7 years.
Assistant City Clerk Gafford announced
correspondence was received from staff noting
changes to exhibits of the resolution for item l l.b; and
correspondence was also received in support of
approval of item 1 1.b.
Consent Calendar Hearings opened at 6:13 p.m.
No one spoke.
Consent Calendar Hearings closed at 6:14 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 12.a. through 12.c.
12. HEARINGS
None.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
Bakersfield, California, July 15, 2009 - Page 9
15. NEW BUSINESS ACTION TAKEN
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham referred correspondence to
the Police Department regarding an incident and
requested follow-up.
Councilmember Benham referred correspondence to
staff from a citizen requesting assistance.
Councilmember Weir referred to Budget and Finance
Committee for consideration of developing a policy to
reduce solid waste and increase recycling in the
future, and to develop a policy statement in time to
bring back for discussion and vote on Council goals
and policies.
Councilmember Hanson referred to the Police
Department a citizen request regarding working with
reserve officers.
Councilmember Sullivan invited everyone to attend a
local In God We Trust Anniversary Celebration on July
30," at First Assembly of God Church, recognizing the
53rd anniversary of our Nations' motto.
Mayor Hall recognized a new project that the City is
co-sponsoring with the Kern Arts Council, utilizing
former graffiti offenders to paint the signal boxes
downtown.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:19 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield