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° BAKERSFIELD CITY COUNCIL
41 . i~ ♦ M
AGENDA
MEETING OF FEBRUARY 17, 2010
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 Minister Gurujodha S. Khalsa, Guru Ram Das Academy/Gurdwara.
3. PLEDGE OF ALLEGIANCE by Lillian Stacey, 3rd grade student at Olive Drive School.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
6. WORKSHOPS
(10 min) a. Status update on the California High Speed Rail Project.
7. APPOINTMENTS
a. One appointment to the Board of Directors of the North of the River Recreation and
Park District due to the expiration of term of Bob Blakemore, term expired
December 31, 2009.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 27, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from January 15, 2010 to February 4, 2010 in the
amount of $20,676,477.68 and self-insurance payments from January 15, 2010 to
February 4, 2010 in the amount of $390,349.63.
Ordinances:
C. First Reading of Ordinance amending Chapter 10.80 of the Municipal Code relating
to Kern River Bicycle Trail.
(Ward 6) d. First Reading of Ordinance amending Municipal Code Section 1. 12.060 by adding
Annexation No. 503 consisting of 465.15 acres located on the south side of Taft
Highway, along the west side of Stine Road, east of Gosford Road, and Annexation
No. 515 consisting of 11.37 acres located on the south side of Taft Highway between
Stine and Ashe roads to Ward 6.
8. CONSENT CALENDAR continued
Resolutions:
e. Resolution declaring state of severe fiscal hardship.
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 authorize collection of the assessments by the
Kern County Tax Collector.
(Ward 4) g. Aera Park playground equipment:
1. Resolution determining that Game Time age 5-12 Powerscape Plus Hybrid
playground equipment cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance Director to dispense with
bidding, not to exceed $15,200.
2. Approve the purchase of playground equipment from Game Time ($15,200).
3. Approve the installation for playground equipment from Community
Playgrounds ($8,580).
4. Appropriate $10,000 AERA Energy contribution to the Recreation and Parks
Department Capital Improvement Budget within the Capital Outlay Fund for
the purchase of playground equipment.
5. Transfer $13,780 from a budgeted Capital Improvement Project within the
Capital Outlay Fund to fund the award of this project.
h. Purchase of Specialized Detection Equipment:
1. Resolution determining that Smith's Detection specialized detection
equipment cannot be obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding therefor (not to
exceed $109,988).
2. Approve the purchase of Smith's Detection specialized detection equipment
in the amount of $109,988.
I. Amendment No. 12 to Resolution No. 049-06 approving memorandum of
understanding for employees of the Blue and White Collar units and adopting salary
schedule and related benefits for Heavy Equipment Operator - Wastewater.
(ward 7) j. Resolution of Intention No. 1655 ordering the vacation of the northerly 3.5' of the 10'
flowage easement on Parcel 1 of amended Parcel map No. 11220 located at 4815
Panama Lane.
Agreements:
(Ward 2) k. Agreement with Equilon Enterprises, LLC, dba Shell Oil Products US ($1,500,000) for the
relocation of an oil pipeline facility located on the north side of Brimhali Road for the
Westside Parkway Phase II Project. (TRIP)
(Ward 2) I. Consent to Common Use Agreement with P.G. & E. for areas the Westside Parkway
crosses underneath PG&E's tower lines at Mohawk Street. (TRIP)
2 City Council Meeting of 2/17/2010
8. CONSENT CALENDAR continued
(Ward 2) M. License Agreement with Southern California Gas Company to relocate natural gas
service being displaced by the construction of the Westside Parkway at the Cross
Valley Canal south of the Flying J refinery. (TRIP)
(Ward 3) n. State Route SR-178 and Fairfax Road interchange Project: (TRIP)
1. Agreement with PB Americas, Inc. (formerly Parsons Brinckerhoff Quade &
Douglas, Inc.) ($1,745,398.93) for the payment of the cost for the
reconstruction of the westbound off ramp and for modifications to the
eastbound on ramp.
2. Contract Change Order No. 90 to Agreement No. 07-304 with Security Paving
Construction ($1,485,385.40; revised not to exceed $31,957,814,27)
3. Appropriate $1,745,398.93 consultant share of project costs from PB Americas,
Inc, to the Public Works Department's Capital Improvement Budget within the
Capital Outlay Fund.
o. Agreement with San Joaquin Community Hospital for Fire Department Paramedics to
attend quarterly manipulative skills competency practice sessions.
(Ward 3) P. Amendment No, 1 to Agreement No. CA08-019 with outside counsel, Griswold,
LaSalle, Cobb, Dowd & Gin, LLP for legal services in the matter of City v. Big West of
California, et al., Kern County Superior Court Case No. S-1500-CV-260449 WDP (not to
exceed $100,000),
(ward 1,2,3,6,7) q. Amendment No. 1 to Agreement No. 09-043 with the Housing Authority of the County
of Kern ($625,000 reduction; revised not to exceed $1,795,709) for Neighborhood
Stabilization Program (NSP) Housing Acquisition and Preservation Program.
(Ward 6) r. Amendment No. 1 to Agreement No. 09-137 with the Housing Authority of the County
of Kern ($1,125,000; revised not to exceed $4,815,000) for the purchase and
rehabilitation of a foreclosed 99-unit independent living facility located at 2221 South
Real Road.
S. Department of Housing & Urban Development, Community Development Block
Grant, Neighborhood Stabilization Program Action Plan Amendment No. 10
(FY08/09) to reprogram funds from acquisition and rehabilitation of REO units by the
Housing Authority of the County of Kern and provide additional rehabilitation
assistance for Pinewood Glen Senior Housing Project located at 2221 South Real
Road.
(ward 1) t. Amendment No. 1 to Agreement No. 09-025 with Power Management Incorporated
($60,100; revised not to exceed $140,000) for repair and maintenance of Deutz
engine at Wastewater Treatment Plant No. 2.
U. Amendment No. 1 to Agreement No. 08-222 with the County of Kern ($201,166;
revised not to exceed $848,166) for equipment, software, training, planning or other
professional services. (Homeland Security Grant funding)
3 City Council Meeting of 2/17/2010
8. CONSENT CALENDAR continued
(Word 6) v. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 10 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($607,000; revised not to exceed $218,312,310).
2. Transfer $607,000 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department's Capital
Improvement Budget.
Bids:
(Ward 2,5) w. Accept bid and award contract to Turnupseed Electric Services, Inc. ($108,065) for
the installation of traffic monitoring cameras 08-09.
Miscellaneous:
X. FY2009-10 Community Development Block Grant (CDBG) awarded to Police
Department to add two Police Officer positions to patrol the Mill Creek/Downtown
area:
1. Add two Police Officer positions to the Police Department complement.
2. Appropriate $260,000 CDBG Cost Allocation Revenues to the Police
Department FY2009-10 Operating Budget in the General Fund for hiring of two
Police Officers.
(Word 3,4) Y. Appropriate $75,400 Transportation Development Act Article 3 Grant funds to the
Public Works Department's Capital Improvement Budget within the Bikeway and
Pedestrian Pathway Fund for marking bike lanes on existing streets within the City at
three sites.
Z. Acceptance of financial audit reports.
aa. Acceptance of 2008-09 Transportation Development Act Funds financial statements.
(Ward 2,5) bb. Grant of easement to P.G. & E. to relocate electrical service being displaced by the
construction of the Westside Parkway at Coffee Road. (TRIP)
CC. Amendment No. 1 to Agreement No. 09-104 with Kern Sprinkler Landscaping, Inc.
($50,000; revised not to exceed $140,000) for the Annual Contract for irrigation and
landscaping services.
Staff recommends adoption of Consent Calendar Items 8.a. through 8-cc.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding Bakersfield Police
Officers' Association v. City - KCSC Case No. S-1500-CV-268290 NFT.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One matter).
C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
4 City Council Meeting of 2/17/2010
11. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 4) a, Public Hearing to consider Resolution ordering the vacation of the sewer line
easement located at 9628 Rosedale Highway. (Staff recommends adoption of
Resolution.)
(Ward2,4,5) b. Public Hearing to consider 13 Resolutions of Necessity ("RON") to determine whether
the public interest and necessity require acquisition by eminent domain of temporary
construction easements upon/across/over property located in Bakersfield, California,
specifically: APN 409-491-06, APN 409-562-07, APN 409-562-16, APN 409-562-19,
APN 409-562-21, APN 409-592-06, APN 409-611-07, APN 409-611-10, APN 409-611-11,
APN 500-551-09, APN 500-611-12, APN 500-620-10, and APN 500-620-11, for the
Westside Parkway project. (TRIP) (Staff recommends adoption of Resolutions.)
12. HEARINGS
13. REPORTS
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
/ ~ .
Alan Tandy
2/11/2010 2:45PM City Manager
5 City Council Meeting of 2/17/2010
"M daffift"-
AGENDA HIGHLIGHTS
February 17, 2010 COUNCIL MEETING
6 k
REGULAR MEETING - 5:15 p.m.
WORKSHOPS
Carrie Bowen, Regional Director for the California High Speed Rail Authority, will provide an
update on the status of the California High Speed Rail Project.
APPOINTMENTS
There will be one (1) appointment to the Board of Directors of the North of the River
Recreation and Parks District
CONSENT CALENDAR
Ordinances
Item 8c. First Readina of Ordinance relatina to the Kern River Bicycle Trail. The current
Bakersfield Municipal Code describes the use of the trail as a bike path, without addressing
the Inclusive nature of the trail to other acceptable recreational facilities. Public meetings
were held to discuss clarification of the ordinance to reflect the trail's multiple users. The
proposed ordinance amendment 1) changes the name of the trail to Kern River Trail; 2)
allows for multiple uses of the trail, Including walking, jogging, and skating; 3) requires
pedestrians to keep to the right; and, 4) requires dogs to be on a six-foot leash. The
Community Services Committee recommends first reading of the ordinance.
Resolutions
Item 8e. Resolution Declarina Severe Fiscal Hardshio. The City budget has been negatively
Impacted over the last several years by the damaged economic climate and State actions.
Sales Tax, property tax, and permit fee revenues have continued to go down to
unprecedented levels. The State has also taken $6.7 of our Property Tax Revenues. In
addition, the City's PERS contribution will increase by $7.5 million, phased In over three (3)
fiscal years, beginning in FY 2011-12. Thereafter, the $7.5 million annual increase will continue
for thirty (30) years. We have done a series of budget adjustments, Including reduction of
staffing to a level that has Impacted all City departments and services. We must also be
prepared for the State will take additional revenues from us to deal with what is currently
estimated as a $21 billion deficit. Because of these fiscal circumstances, staff recommends
the City Council adopt the proposed resolution.
Item 8g. Aera Park Playground Eauiament. Aera Energy LLP has contributed $10,000
toward the purchase of playground equipment for Aera Park for children 5-12. They selected
specialized, patented equipment that can only be obtained through the vendor, Game
Time. Approval of this resolution will allow for the Finance Director to dispense with the usual
bidding procedures, purchase of the equipment from Game Time; Installation by a nationally
certified playground installer for Game Time (Community Playground)s; appropriate the
$10,000 contribution from Aera Energy LLP; and transfer $13,780 in Capital Improvement
Projects funds that have been budgeted for the Aera Park project.
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Agreements
Items 8k - 8m, item 8p., and Item 8bb. Westside Parkway Protect. There are four agenda
items related to utility relocations and operation and one item for legal services related to
eminent domain matters, as follows:
Equilon Enterprises, LLC, dba Shell Oil Products US in the amount of $1,500,000 to relocate an
oil pipeline facility located on the north side of Brimhall Road; PG&E for joint operational
responsibilities In the Mohawk Street area when the project is completed; Southern California
Gas Company to relocate natural gas service being displaced at the Cross Valley Canal
south of the Flying J. Refinery; Amendment to the Agreement with Griswold, LaSalle, Cobb,
Dowd & Gin ($60,000 not to exceed $100,000) for the City's representation in the lawsuit with
Big West of California; Easement to PG&E to relocate facilities adjacent to Coffee Road due
to construction of the overpass structure in that area.
Item 8n. State Route SR-178 and Fairfax Road Interchange Project. This item includes: 1) an
Agreement with PB Americas in the amount of $1,745,398.93; 2) a Contract Change Order
with Security Paving in the amount of $1,485,385.40; and 3) an Appropriation of $1,745.398.93
from PB Americas to the Public Works Capital Improvement Budget.
In 2002, the City contracted with PB Americas, Inc. for the design of the SR-178 and Fairfax
Road Interchange Project. As a State Highway System project, the project design plans were
approved by Caltrans, as required. After substantial construction had been completed, two
similar design errors that had not been readily apparent in review of the construction plans
became apparent in the field. The paved median area as constructed for both the
eastbound on ramp and the westbound off ramp Is too steep, and does not meet CalTrans
standards. The eastbound on ramp required only a minor modification of additional
curbing. However, the westbound off ramp requires major work involving realignment and
lowering of the ramp. PB Americas accepted responsibility for the design errors and has
prepared, and had approved by Caltrans, revised construction plans. Both staff and PB
Americas agree that Security Paving, the construction firm for this project, will perform the
work via a change order to their contract. PB Americas will pay the City a lump sum for
Security's work, Including a 5% contingency amount. Security Paving has agreed to
complete the work in 95 working days. The amount paid by PB Americas will also cover
landscaping and irrigation work. A separate agreement for that work will follow at a later
date. In the meantime, CalTrans requires that the existing off ramp remain closed due to
safety concerns. Motorists can access Fairfax Road via Morning Drive and Auburn Street.
Items 8q. - 8.s. The City received $8,992,836 in Neighborhood Stabilization Program funding
under the Housing and Economic Recovery Act in 2009. The NSP funds were incorporated
Into the FY 08-09 Housing and Urban Development Action Plan. There is a requirement to
commit these funds within 18 months from the award date of March, 2009. There are three
items on the agenda related to that process, as follows:
Item 8q. Amendment to Agreement No 09-043 with the Housing Authority of Kern County
(HACK). No less than 25% of the NSP funds must be expended within neighborhood
targeted areas to benefit qualified families at or below 50% of the Area Median Income. To
fulfill that requirement, in 2009 the City subgranted $2,429,709 to HACK for the acquisition and
rehabilitation of homes. HACK has acquired 22 units, to date. The high quality of foreclosed
homes purchased have required very little, if any, rehabilitation, so this proposed
Agenda Highlights - February 17, 2010 Council Meeting
Page 2
Amendment reduces the rehabilitation allocation of $225,000; transfers $150,000 to the
acquisition portion, and reallocates $625,000 to the 99-unit senior housing at 2221 South Real
Road, which the Council separately approved for purchase by HACK in November, 2009.
Item 8r. Amendment to Agreement No. 09-137 with HACK. This proposed amendment
increases the budget for the purchase and rehabilitation of the afore-referenced senior
housing project by $1,125,000, for a total not to exceed $4,815,000. It also extends the
project timeline by three weeks and Includes additional language to comply with NSP
requirements.
Item 8s. HUD, CDBG, NSP Action Plan Amendment No. 10 (FY0809). HUD regulations require
that any significant change or addition to the approved CDBF or HOME annual plan must
undergo an amendment process. In relationship to the two actions described above, this
proposed action Is to reallocate $1,125,000 in NHP funds for the Acquisition and/or
Rehabilitation of Affordable multi-housing complexes, $150,000 to Acquisition of REO units by
HACK, and $44,479 to the Direct Homeownership Assistance Program.
Item 8u. Wastewater Treatment Plant No. 3 - 2007 Expansion Protect. This Is Contract
Change Order # 10 to an Agreement with Kiewit Pacific Corporation In the amount of
$607,000, revised not to exceed $218,312,310. There are ten Items, described in detail on the
Change Order, which are necessary due to unknown site conditions, and/or required design
revisions. The contractor's original bid did not provide for these items; however, the City and
the Construction Manager have determined that the changes have merit. This item also
Includes a transfer of $607,000 from the contingency established for this project to the Public
Works Capital Improvement Budget.
Miscellaneous
Item 8x. FY 2009-10 Community Development Block Grant to Add Two Police Officer Positions
to Patrol the Mill Creek/Downtown Area. The Police Department has been awarded
$260,000 In CDBG funds to add two Police Officers. They will be assigned to the Mill Creek
Linear Park Area (Golden state Avenue to the north, Union Avenue to the east, California
Avenue to the south, and K Street to the west). This funding will also pay for overtime, extra-
duty officers to patrol special events in the downtown area. The PD has applied for
additional funding through CDBG to continue funding these positions through FY 2010-11.
Item 8z and 8 aa. Acceptance of Financial Audit Reports. The Budget and Finance
Committee has reviewed and recommends acceptance of several audit reports for the
fiscal year ending June 30, 2009, Including the City's Comprehensive Annual Financial Report
and the Transportation Development Act Funds Financial Statements.
CLOSED SESSION
There will be a conference with Legal Counsel regarding one (1) case of existing litigation,
one (1) case of potential litigation, and a conference with the Labor Negotiator.
Agenda Highlights - February 17, 2010 Council Meeting
Page 3
CONSENT CALENDAR PUBLIC HEARINGS
Item 12b. There will be a public hearing to acquire 11 temporary construction easements by
eminent domain. The easements are necessary for construction of a sound wall on property
adjacent to a portion of the Westside Parkway Project. As of February 9, 2010, the City has
successfully negotiated with 114 property owners. The Administrative Report Indicates that
13 Resolutions of Necessity are being proposed for approval. However, two of those were
resolved with the property owners after the Public Hearing notices were mailed. As of
February 9, 2010, the City has successfully negotiated with 114 property owners to obtain
temporary construction easements, We will continue to negotiate with the remaining
property owners during the legal process to obtain the remaining easements for the project.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - February 17, 2010 Council Meeting
Page 4
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Workshops
ITEM: ,q,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 9, 2010 CITY ATTORNEY VA-
-CITY MANAGER
SUBJECT: Status Update on the California High Speed Rail Project
RECOMMENDATION:
BACKGROUND:
Carrie Bowen, Regional Director for the California High Speed Rail Authority will be providing an
update on the status of the California High Speed Rail Project.
February 9, 2010, 10:OOAM
SASteve Teglia\High Speed Rail (TAG)\Carrie Bowen workshop Feb_17_2010.docx
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Appointments
ITEM: 7 Q .
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: February 5, 2010 CITY ATTORNEY
CITY MANAGER-
SUBJECT: One appointment to the Board of Directors of the North of the River Recreation and
Park District, due to the expiration of term of Bob Blakemore, term expired December 31,
2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Directors of the North of the River Recreation and
Park District due to the expiration of term of Bob Blakemore, whose term expired December 31,
2009. The news release was posted on October 29, 2009.
One application has been received from Dana Ann Martin.
The five member District Board has the responsibility of providing the District with clearly
defined goals and objectives in support of its mission; to provide and maintain an adequate
program of recreation activities and a system of areas and facilities designed to support them;
and to establish rules and regulations governing internal organization and operation. City
representatives are nominated and appointed by the full Council, and must be a resident of the
City and the District throughout the four-year term.
Meetings are held on the third Monday of each month at 5:30 p.m., at the District Office, 405
Galaxy Avenue.
SABds&Comm\NBR&P\admin Feb 2010.dot
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ q ,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: February 4, 2010 CITY ATTORNEY
CITY MANAGER ~s
SUBJECT: Approval of Minutes of the January 27, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: $
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_
DATE: February 4, 2010 CITY ATTORNEY Q~
CITY MANAGER /w
SUBJECT: Approval of department payments from January 15, 2010 to February 4, 2010
in the amount of $20,676,477.68 and Self Insurance payments from January 15,
2010 to February 4, 2010 in the amount of $390,349.63.
RECOMMENDATION:
Staff recommends approval of payments totaling $21,066,827.31
BACKGROUND:
KLG
February 4, 2010, 2:59PM
SAKim GWDMIMCOUNCIL-ADMIN -AP-201 MADMIN-AP 021710.d0C
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: e
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V(T
DATE: February 4, 2010 CITY ATTORNEY XR~_
CITY MANAGER S
SUBJECT: First reading of Ordinance amending Chapter 10.80 of the Bakersfield Municipal
Code relating to Kern River Bicycle Trail.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
The Kern River Bicycle Trail is one of the most widely used amenities within the City of
Bakersfield. A recent community-wide survey indicated that trail use is almost evenly divided
between walkers and bicyclists. Current Bakersfield Municipal Code section 10.80 describes the
use of the trail as a bike path, without addressing the inclusive nature of the trail to other
acceptable recreational activities. Staff held meetings with the Kern River Parkway Foundation,
Bike Bakersfield, Kern Wheelmen, and the public regarding clarification of the ordinance to
reflect the trail's multiple users, The proposed ordinance amendment: 1) changes the name of
the trail to Kern River Trail; 2) allows for multiple uses of the trail, including walking, jogging and
skating; 3) requires pedestrians to keep to the right; and, 4) requires dogs to be on a six-foot
leash.
The proposed ordinance was presented to the Community Services Committee on
February 1, 2010 which recommends first reading of the amendments.
JAC Asc
February 4, 2010, 8:50AM
SACOUNCILWdmins\09-10 Admins\KernRivsrTrail.doc
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: V. d.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: January 29, 2010 CITY ATTORNEY
CITY MANAGER &
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section §1.12.060
by adding Annexation No. 503 consisting of 465.15 acres, located on the south side of
Taft Highway, along the west side of Stine Road, east of Gosford Road and Annexation
No. 515 consisting of 11.37 acres, located on the south side of Taft Highway, between
Stine and Ashe Roads to Ward 6. (Ward 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 503 and 515 into the
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 503 (known as the Ashe No. 4 EIR project area) is located on the south side of Taft
Highway, along the west side of Stine Road, east of Gosford Road. The annexation territory consists of
465.15 acres of undeveloped land. The property owners requested annexation to develop residential
uses and receive city services. This area will be included into Ward 6.
Annexation No. 515 is located on the south side of Taft Highway, between Stine and Ashe Roads. The
annexation territory consists of 11.37 acres of land. The property owner requested annexation for
development purposes and to receive city services. This area will be included into Ward 6.
S:\Annexation\Ordinances\2010\Admin Draft 7-17-10 503 & 515.DOC
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: q e
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 11, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Declaring State of Severe Fiscal Hardship.
RECOMMENDATION:
Staff Recommends adoption of the Resolution.
BACKGROUND:
The City's budget has been drastically impacted over the last several fiscal years due to the
continued economic downturn and recent State actions. Declines in local Sales Tax, Property
Tax, and permit fee revenues combined with the State's diversion of $6.7 million in Property Tax
revenues have been the main driving forces contributing to the deterioration of the City's
financial situation.
In addition to the reduced revenues and the State capture of funds discussed above, the City's
annual Public Employee Retirement System (PERS) contribution will be Increasing by an estimated
$7.5 million, phased in over three (3) fiscal years, beginning in FY 2011-12. Once this estimated
increase is fully phased In, the $7.5 million annual increase will continue for a period of thirty (30)
years. This Increase is a result of the significant Investment losses incurred by PERS during the
recent stock market decline.
These factors have forced the City to make continuing budget adjustments to deal with the
decline In City revenues. These adjustments have included an unprecedented reduction in
staffing levels, which have impacted all levels of City services. At the same time this is occurring,
the State of California is also grappling with an estimated $21 billion structural deficit, which will
further negatively Impact the City with near certainty. Based on these circumstances staff is
recommending that the Council acknowledge these extraordinary circumstances and their
impact to the City's budget by adopting a Resolution of Severe Fiscal Hardship.
February 11, 2010, 3:59PM
S:\Steve Teglia\ResolutionsViscal emergency admin_2_17_10.docx
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent
ITEM
TO: Honorable Mayor and City Council APPROVED
FROM: Phil Burns, Building Director DEPARTMENT HEAD
DATE: January 29, 2010 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 authorize collection of the assessments by the Kern County
Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on February 8, 2010, 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 AAN COST
Ward 1/Counciimember Irma Carson
1. 1205 Antonia Way 022-022-10 $ 600.00
2. 1900 Brook Street 172-053-27 $ 600.00
3. 28 Clyde Street 018-431-13 $ 868.00
4. 1820 Filson Street 172-041-25 $ 105.00
5. 605 Geneva Avenue 022-214-11 $ 300.00
January 29, 2010, 10:10AM
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ADMINISTRATIVE REPORT Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 306 S. Haley Street 019-181-26 $ 300.00
7. 325 S. Haley Street 019-182-10 $ 300.00
8. 422 S. Haley Street 019-071-02 $ 675.00
9. 3425 Horne Street 172-092-11 $ 105.00
10. 2121 Lotus Lane 170-232-20 $ 300.00
11. 5321 Mar Grande Avenue 173-580-17 $ 300.00
12. 1201 E. Planz Road 172-124-01 $ 600.00
13. 1721 E. Planz Road 172-041-04 $ 694.00
14. 713 8`h Street 009-370-13 $ 105.00
Ward 2/Counciimember Sue Benham
15. 1228 K Street 006-450-16 $ 105.00
16. 1234 K Street 006-450-17 $ 105.00
17. 1302 K Street 006-450-18 $ 105.00
18. 819 Kentucky Street 014-300-07 $ 844.00
19. 316 Monterey Street 014-060-16 $ 705.00
20. 800 Niles Street 014-010-16 $ 105.00
21. 1326 Niles Street 015-160-10 $ 105.00
22. 1105 Oregon Street 015-180-02 $ 694.00
23. 1317 Oregon Street 015-160-03 $ 105.00
24. 1525 Oregon Street 015-140-06 $ 105.00
25. 809 Pacific Street 013-260-03 $ 300.00
26. 2221 Park Way 007-082-05 $ 600.00
27. 1312 Robinson Street 015-180-09 $ 714.00
28. 1300 Stockton Street 012-112-14 $ 105.00
29. 2301 18t Street 008-284-06 $ 105.00
30. 830 25"' Street 005-151-03 $ 659.00
31. 906 31 st Street 002-061-18 $ 105.00
Ward 3/Counciimember Ken Weir
32. 9411 Aphrodite Street 531-284-03 $ 300.00
33. 3706 Fleetwood Way 382-072-02 $ 1,199.00
34. 2821 Idaho Street 021-441-20 $ 300.00
35. 3501 N. Sillect Avenue 332-200-73 $ 300.00
36. 2661 Sunny Lane 126-010-26 $ 300.00
Ward 4/Councilmember David Couch
37. 9909 Bossa Nova Court 525-131-01 $ 105.00
38. 323 Via Esperanza 409-213-02 $ 105.00
39. 12709 Woodson Bridge Drive 522-572-02 $ 775.00
January 29, 2010, 10:13AM
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ADMINISTRATIVE REPORT Page 3 of 3
PROPERTY LOCATION APN COST
Ward 5/Councilmember Harold Hanson
40. 3605 El Hogar Court 394-052-48 $ 300.00
41. 7400 El Verano Drive 339-191-14 $ 724.00
42. 6213 Long Valley Way 497-234-01 $ 695.00
43. 6309 Wheeler Valley Lane 497-253-15 $ 709.00
Ward 6/Coucilmember Jacauie Sullivan
44. 3804 Cinnamon Court 384-140-16 $ 950.00
45. 3004 Estero Street 441-242-11 $ 600.00
46. 3813 Soranno Avenue 440-172-07 $ 719.00
Ward 7/Councilmember Zack Scrivner
47. 4003 Cairns Court 514-081-21 $ 600.00
48. 7510 Cherish Rose Lane 515-382-01 $ 300.00
49. 1008 Delwood Avenue 413-142-03 $ 300.00
50. 8803 Domingo Street 514-641-07 $ 669.00
51. 5709 Gasoline Alley Drive 372-021-68 $ 300.00
52. Mesa Grande Street 405-101-05 $ 1,020.00
53. 314 Midnight Court 516-452-18 $ 765.00
54. 409 Midnight Court 516-452-29 $ 725.00
55. 5817 Monitor Street 413-091-17 $ 600.00
56. 3225 Panama Lane 515-010-29 $ 105.00
57. 5501 Sara Jane Street 371-122-01 $ 994.00
58. 2719 Trentino Avenue 514-543-04 $ 300.00
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.
January 29, 2010, 10:13AM
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64KE
O~wcoaron,re RS .
ADMINISTRATIVE REPORT
gLIF0
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD
DATE: February 4, 2010 CITY ATTORNEY
CITY MANAGER Al
SUBJECT: Aera Park Playground Equipment (Ward 4):
1. Resolution determining that Game Time age 5-12 Powerscape Plus Hybrid
Playground Equipment cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance Director to dispense with
bidding, not to exceed $15,200.
2. Approve the purchase of playground equipment from Game Time in the
amount of $15,200.
3. Approve the installation for playground equipment from Community
Playgrounds in the amount of $8,580.
4. Appropriate $10,000 contribution to the Recreation and Parks Department
Capital Improvement Budget within the Capital Outlay Fund for the purchase of
playground equipment.
5. Transfer $13,780 from a budgeted Capital Improvement Project within the
Capital Outlay Fund to fund the award of this project.
RECOMMENDATION:
Staff recommends adoption of the Resolution, approval of the purchase, appropriation, and
transfer of funds.
BACKGROUND:
Aera Energy LLC has contributed $10,000 towards the purchase of playground equipment for
Aera Park intended for children age 5-12. The focus is to engage children in outdoor play and
ultimately decrease childhood obesity. Aera Energy LLC has reviewed and selected a layout of
playground equipment from Game Time. The selected playground equipment is the Powerscape
Plus Hybrid Playground Equipment which is a patented design by Game Time that can only be
reasonably obtained from this vendor. Game Time has offered a $9,491 discount towards the
playground equipment, reducing the price to $15,200.
February 4, 2010, 9:03AM
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ADMINISTRATIVE REPORT
The playground equipment will be installed by Community Playgrounds for $8,580. They are a
nationally certified playground installer through Game Time.
Funding for this purchase is provided in part by a $10,000 donation that was received by the
Bakersfield Foundation from Aera Energy LLC. The funds need to be appropriated from the
Bakersfield Foundation to the Recreation and Parks Department Capital Improvement Budget.
Additional funding will be supplied from remaining funds in the Aera Park Project ($13,780). Staff
recommends the transfer of $13,780 from this budgeted Capital Improvement Project to fund this
purchase.
iln
February 4, 2010, 9:03AM
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ADMINISTRATIVE REPORT
c
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP ROVE
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: February 8, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of Specialized Detection Equipment
1. Resolution determining that Smith's Detection specialized detection equipment
cannot be obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding; therefore, not to exceed $109,988.
2. Approve the purchase of Smith's Detection specialized detection equipment in
the amount of $109,988.00.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of the purchase.
BACKGROUND: The City received a California Emergency Management Agency (Cal EMA)
grant to purchase specialized detection equipment for the purpose of identifying unknown
chemicals in incidents involving terrorism, especially where the material may be identified as
potential weapons of mass destruction. This Cal EMA grant, $205,000, was approved by Council
on January 27, 2010 and the funding was appropriated. This portion, $109,988.00, of the grant is
sole sourced because it can only be obtained from one vendor, Smith's Detection. The
remaining funds, $95,012, will be spent in the normal City procurement process.
Haz-Mat Type I teams are a classification of response teams certified by The California
Emergency Management Agency with the ability to respond to incidents involving terrorism. In
order to be certified, the City must purchase specialized equipment from the Cal EMA certified
list.
F a wro
U c.,14, A ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: i.
TO: Honorable Mayor and City Council APPROVED
FROM: Steven Teglia, Acting Human Resources Manager,)-fDEPARTMENT HEAD
DATE: February 5, 2010 CITY ATTORNEY v
CITY MANAGER
SUBJECT: AMENDMENT NO. 12 TO RESOLUTION NO. 049-06
APPROVING MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES OF THE BLUE AND WHITE COLLAR UNITS AND
ADOPTING SALARY SCHEDULE AND RELATED BENEFITS
FOR HEAVY EQUIPMENT OPERATOR - WASTEWATER
RECOMMENDATION:
Staff recommends approval of the new job specification
BACKGROUND:
On October 7, 2009, Council approved the addition of a Heavy Equipment Operator as part of the
Wastewater Treatment Plant No. 3 Expansion Project.
This position will be funded from the Sewer Enterprise. Fund. Therefore, there is no impact the General
Fund.
SEIU concurs with the new proposed job specifications for the White Collar Unit. The new job specification
was approved by the Miscellaneous Civil Service Board at their February 16, 2010 meeting.
(mp)
SAAdmin Reports - 2010Wdm. Report - HEO - Wastewater - February Council Meeting.doc
F BAKER
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD It
DATE: February 1, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1655 to order the vacation of the northerly 3.5' of the
10' flowage easement on Parcel 1 of amended Parcel map No. 11220 located at
4815 Panama Lane. (Ward 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the northerly 3.5' of
the 10' flowage easement on Parcel 1 of amended Parcel map No. 11220 located at 4815
Panama Lane. This request is due to an existing building being located in that area of the
easement.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are no City sewer and storm drain facilities
in the vacating area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on January 21, 2010 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
This Resolution sets the Public Hearing date for the regular Council meeting of March 24, 2010,
on the proposed vacation.
February 1, 2010, 1:29:38 PM
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: k,
TO: Honorable Mayor and City Council A PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Utility Agreement with Equilon Enterprises, LLC, dba Shell Oil Products US ($1,500,000.00)
for the relocation of an oil pipeline facility located on the north side of Brimhall Road for the
Westside Parkway Phase II project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Equilon Enterprises, LLC, dba Shell Oil Products US owns and maintains an existing
10-inch oil line that currently runs on the north side of Brimhall Road. This oil line must be relocated to
facilitate the construction of the Westside Parkway Phase II Project. Currently the oil line is in a private
easement. Given the prior rights, the cost of the relocation of this existing facility will be at the project's
expense. There are sufficient funds budgeted to cover this relocation cost.
TRIP:rms - Project N T9WP20 (215/2010 9:44:46 AM)
G:\GROUPDATWDMINRPT\2010\02-17\Shell Admin.doc
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g./
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Consent to Common Use Agreement with P.G. & E. for areas the Westside Parkway
crosses underneath PG&E's tower lines at Mohawk Street "TRIP". (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The construction of the Westside Parkway will cross underneath P.G.&E'.s tower lines at various
locations. This agreement provides for the Mohawk Street area and provides for the construction
and operation of the Westside Parkway Phases 1 & 2. The agreement sets forth the rights and
responsibilities of the City and P.G.&E. for the operation of each parties facilities once the
Westside Parkway has been completed.
The TRIP Division of the Public Works Department has reviewed their request and recommends
approval.
February 9, 2010, 11:33AM
P:\MyFiles\Admin Reports\PGE Consent to Common Use Towers.doc
DMA/s
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: $
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: License agreement with Southern California Gas Company to relocate natural gas
service being displaced by the construction of the Westside Parkway at the Cross
Valley Canal south of the Flying J refinery "TRIP". (Ward 2)
RECOMMENDATION: Staff recommends approval of license agreement.
BACKGROUND:
Southern California Gas Company (SCGC) has requested the City grant them a license
agreement over property acquired by the City for the Westside Parkway. It is necessary for the
City to grant the license to allow SCGC to relocate facilities displaced by the realignment of the
Cross Valley Canal. The TRIP Division of the Public Works Department has reviewed their request
and recommends approval.
February 9, 2010, 11:34AM
P:\MyFiles\Admin Reports\So Cal Gas Mant Kern Canal.doc
DMA/s
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von, e
ADMINISTRATIVE REPORT
c
t
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g n,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD b
DATE: February 11, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: State Route SR-178 and Fairfax Road interchange Project (TRIP) (WarA):
1. Agreement with PB Americas, Inc. (formerly Parsons B(nckerhoff Quade &
Douglas, Inc.) for the payment ($1,745,398.93) of the cost for the reconstruction
of the westbound off ramp and for modifications to the eastbound on ramp.
2. Contract Change Order No. 90 to Agreement No. 07-304 with Security Paving
Construction 1,485,385.40 for a revised not to exceed amount of
$31,957,814.27).
3. Appropriate $1,745,398.93 Consultant Share of project costs from PB Americas,
Inc. to the Public Works Department's Capital Improvement Budget within the
Capital Outlay Fund.
RECOMMENDATION: Staff recommends approval of Agreement, Contract Change Order and
Appropriation.
BACKGROUND: This is the issue of the ramp at the 178/Fairfax Interchange Project which must be
rebuilt due to a design error. The design firm that made the error Is paying for all of the costs
associated with the corrective work. The work will be performed under a change order by the
contractor for the project, Security Paving.
The City entered into Agreement No. 02-062 with PB Americas, Inc. (formerly Parson Brinckerhoff
Quade & Douglas, Inc.) on March 6, 2002 for engineering services for the preparation of plans,
specifications & estimates (PS&E) for this project. As the project is on the State Highway System, a
requirement was that the project be designed to State Department of Transportation (Caltrans)
standards. The project construction plans were prepared by PB Americas and approved by
Caltrans, and the project was subsequently built with these plans. After substantial construction
had been completed, two similar design errors became apparent in the field. These errors were
not readily apparent by looking at the construction plans and so were not caught earlier.
Caltrans requires the paved median area (which is called the gore area) between the ramp and
the freeway to be relatively flat. This is in case a driver decides at the last minute to change their
mind about using the ramp and crosses this area to either get from the freeway to the ramp, or
February 1$ 2010, 9:20AM
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ADMINISTRATIVE REPORT
get from the ramp back to the freeway. This gore area as constructed for both the eastbound
on ramp and the west bound off ramp is too steep and does not meet Caltrans standards. To fix
this problem for the eastbound on ramp, a relatively minor modification involving addition of
some curbing was required. However, to fix this problem for the westbound off ramp requires
major work involving realignment and lowering of this ramp.
PB Americas has accepted financial responsibility for these design errors, and has already
prepared and had approved by Caltrans revised construction plans that address these
deficiencies and meet Caltrans standards. Staff has met several times with PB Americas staff to
work out the details of how this work could be quickly and efficiently accomplished. PB Americas
agreed that the best and quickest course would be to have the project contractor, Security
Paving, do this work via a change order to Security's contract with the City.
The Agreement with PB Americas and the Change Order amounts do not match because the
Agreement includes a contingency amount, and the Change Order amount does not include
landscaping and irrigation work. The landscaping and irrigation work agreement will follow at a
later date. The cost will be within the amount being paid by PB Americas.
Security Paving has agreed to complete this work within 95 working days. In the meantime,
Caltrans requires that the existing westbound off ramp remain closed due to safety concerns
Westbound SR 178 motorists can access Fairfax Road by using Morning Drive and the newly
realigned Auburn Street.
February 12, 2010, 9:20AM
Tdw:C:IDocuments and SettingsltwrlghtlDesktoplFafrfax Ramp Admin REV-2.docx
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U ADMINISTRATIVE REPORT
c +
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8'. 0.
TO: Honorable Mayor and City Council AP OVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD"
DATE: February 2, 2010
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with San Joaquin Community Hospital for Bakersfield Fire Department
Paramedics to attend quarterly manipulative skills competency practice sessions.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bakersfield Fire Department Paramedics participating in the limited scope Hazardous
Materials/Technical Rescue Paramedic Program are required to attend quarterly manipulative
skills competency practice sessions. San Joaquin Community Hospital has agreed to allow
Bakersfield Fire Department Paramedics participating in this Program to attend the sessions in
the hospital's Emergency Department.
San Joaquin Community Hospital shall permit students to perform services for patients under the
supervision of registered, licensed, and certified clinician/professionals on the hospital's staff.
Students shall work, perform assignments, assist in supervised medical interventions, participate
in ward rounds, clinics, staff meetings, and in-service educational programs necessary to
maintain manipulative field skills proficiency.
This collaborative process will provide a means for the Bakersfield Fire Department Paramedics
to maintain manipulative field skills proficiency, and allow for continuance of the Hazardous
Materials/Technical Rescue Paramedic Program.
February 2, 2010, 4:18PM
P:\Operations\EMSWLS\admin SJCH & Medics.docx
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ADMINISTRATIVE REPORT
c ~1
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: V.402
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: February 2, 2010 CITY ATTORNEY p
CITY MANAGER ~J
SUBJECT: Amendment No. 1 to Agreement CA08-019 with outside counsel, Griswold, LaSalle,
Cobb, Dowd & Gin, LLP for legal services in the matter of City of Bakersfield v. Big
West of California, et al., Kern County Superior Court Case No. S-1500-CV-260449
WDP, in an amount not to exceed $100,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On August 26, 2008, the City entered into Agreement No. CA08-019 for legal services with
Griswold, LaSalle, Cobb, Dowd & Gin, LLP, in an amount not to exceed $40,000. The firm
specializes in eminent domain matters and was retained as outside counsel for the City.
Expenses in this matter are paid by the Public Works Department under Project #T3K066 for the
Westside Parkway Project.
The lawsuit is currently pending, with a trial date scheduled for June. At this time, the City
Attorney's office requests that a new contract be executed for additional compensation so that
outside representation may continue.
This Amendment No. 1 to Agreement No. CA08-019 would add $60,000 to the Not to
Exceed Limitation on compensation to result in a total Not to Exceed amount of $100,000.
VG:Isc
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February 2, 2010, 10:30AM
Orn ` 1
4•%YADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: T .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD C. `
DATE: February 4, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-043 with the Housing Authority of the
County of Kern ($625,000 reduction, total amount not to exceed $1,795,709) for
Neighborhood Stabilization Program (NSP) Housing Acquisition and Preservation
Program, (Wards 1, 2, 3, 6, 7)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
As part of the Housing and Economic Recovery Act (HERA) of 2008, the City received an
allocation of $8,982,836 from the Neighborhood Stabilization Program (NSP) with a requirement
for legal commitment or obligation of these funds within 18 months from federal contract award
date which was March 5, 2009. In accordance with the NSP regulations, no less than $2,245,709
or 25% from the City's NSP grant allocation must be expended within neighborhood targeted
areas that will primarily benefit qualified families :5 50% of the Area Median Income (AMI). The
NSP program allows for grantees to subgrant a portion of these funds to an eligible entity such as
the Housing Authority of the County of Kern (HACK) for the administration of these funds. On May
6, 2009, the City Council approved an agreement with HACK for $2,420,709 of NSP funds to
benefit households fifty percent (509'x) of the area median income. The funds were allocated
for the acquisition and rehabilitation of the homes.
HACK has been successful with the program and has acquired 22 units to date for a total of
$1,072,133. As a component of the Agreement, $1,000,000 was set-aside to rehabilitate the units
acquired by HACK under the program. HACK has found a high quality inventory of foreclosed
homes which have required little if any rehabilitation. The proposed amendment to the
agreement reduces the amount allocated for rehabilitation to $225,000, transfers $150,000 to the
acquisition portion, and reallocates $625,000 to HACK's 99-unit senior housing located at 2221 So.
Real Road purchased in November 2009 under the NSP Program. An amendment for the
additional funding required for the rehabilitation of the complex is also on tonight's agenda for
City Council consideration.
S:\Admins\City Council\City Council Admins 2010\Amend #1 To 09-043 HACK NSP.Doc
2/4/2010 10:49 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g. r',
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: January 29, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-137 with the Housing Authority of the
County of Kern ($1,125,000, total not to exceed $4,815,000) for the purchase and
rehabilitation of a foreclosed 99-unit independent living facility at 2221 South Real
Road. (WARD 6)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On November 4, 2009, City Council approved Agreement 09-137 with the Housing Authority of
the County of Kern for the purchase and rehabilitation of a foreclosed 99-unit independent
living facility at 2221 South Real Road utilizing Neighborhood Stabilization Program (NSP) funds,
Staff is proposing an amendment to the agreement to amend the project timeline by
approximately three weeks, increase the project budget by $1,125,000 and include additional
language to comply with NSP requirements.
Since approval of Agreement 09-137 on November 4, 2009, the Housing Authority has
discovered additional rehabilitation needed to ensure the health and safety of property
residents, including asbestos abatement and updates to the fire alarm system. It was also
since discovered that the project requires compliance with State of California prevailing wage
requirements. Thus, the additional cost of the asbestos abatement, fire alarm update, and
State of California prevailing wage requirements is $1,125,000. The revised total cost for
purchase and rehabilitation of the property is $4,815,000, and execution of this amendment
will extend the project timeline by approximately four weeks. After a competitive bidding
process, the Housing Authority has an acceptable bid to complete the rehabilitation work for
the aforementioned cost in the allotted timeframe.
The use of NSP funding also requires the lease of at least thirteen units to residents earning
equal to or less than 50-percent of Area Median Income. The remainder of the units must be
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1129/2010 4:44 PM
ADMINISTRATIVE REPORT Page 2
occupied by residents earning equal to or less than 120-percent Area Median Income, The
proposed amendment requires compliance with these requirements.
The City received a total of $8,982,836 in NSP funds as part of the Housing and Economic
Recovery Act of 2008 (HERA) on March 5, 2009 with a requirement for commitment or
obligation of these funds within 18 months. Only NSP funding is being used for this project.
S:\Admins\City Council\City Council Admins 2010\Pinewood Glen Amend 1_Admin.Docx
1/29/20104:44 PM
Y ~1 Yi
I'ly
ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AR MOVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 4, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Housing & Urban Development (HUD), Community Development Block
Grant, Neighborhood Stabilization Program Action Plan Amendment No. 10 (FY 08/09) to
reprogram funds from acquisition and rehabilitation of REO units by the Housing Authority
of the County of Kern and provide additional rehabilitation assistance for Pinewood Glen
Senior Housing Project located at 2221 South Real Road. (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
As part of the Housing and Economic Recovery Act (HERA) of 2008, the City was allocated $8,982,836 in
Neighborhood Stabilization Program (NSP) funds with a requirement for legal commitment or obligation of
these funds within 18 months from federal contract award date March 5, 2009. These funds became part
of the FY08-09 Housing and Urban Development Action Plan. Economic and Community Development
staff is proposing the reallocation of $1,125,000 in Community Development Block Grant (CDBG),
Neighborhood Stabilization Program (NSP) funds for the Acquisition and/or Rehabilitation of Affordable
multi-housing complexes, $150,000 to Acquisition of REO units by the Housing Authority of the County of
Kern (HACK) to benefit families below 50% of area median income (AMI), and $44,479 to the Direct
Homeownership Assistance (DPA) Program in NSP eligible areas of the City.
In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME
annual plan must undergo an amendment process which includes obtaining citizen views and comments
on the proposed change for a period of 15 days. A notice was published on February 1, 2010 requesting
comments and to date no comments have been received. A copy of the notice is attached.
Staff is proposing to cancel and reduce the following NSP activities:
1) Cancel $344,979 to rehab units purchased within designated NSP areas to bring ownership
residential structures acquired with NSP assistance to City code to benefit families s 120% of the
AMI.
S:Wdmins\City Council\City Council Admins 2010\action plan NSP amendment 2-17-10.docx
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2) Reduce $775,000 for the rehab of REO units purchased by HACK within low to moderate income
areas to bring ownership/rental residential structures acquired with NSP assistance to City code to
benefit families 50% of the AMI.
3) Reduce $200,000 in planning and administration funds for program operation.
The cancellation and reduction of these three activities allows $1,319,979 NSP funds to be reallocated to
other NSP activities. The Housing Authority of the County of Kern had the opportunity to purchase a REO
senior housing complex formerly known as Castlewood Senior Housing at 2221 South Real Road. An
agreement for the acquisition of the multi-family complex and rehabilitation between the City of Bakersfield
and the Housing Authority of the County of Kern was approved by City Council on November 4, 2009.
Additional rehabilitation costs have been identified for items including the removal of asbestos and the
installation of new energy efficient windows. In addition, staff is proposing the reduction of the
rehabilitation for REO units purchased by HACK. HACK has been successful in the acquisition of 22 REO
units. These REO units required little if any rehabilitation funds to bring the units to City code. The quality
and condition of REO housing stock being acquired has required staff to reevaluate the need for
rehabilitation funds set-aside for REO units purchase by HACK. $150,000 will be moved to acquisition of
REO units by HACK.
S:\Admins\City Council\City Council Admins 2010\action plan NSP amendment 2-17-10.docx
2/4/201011:23 AM
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ADMINISTRATIVE REPORT .
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8, t,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD "
DATE: February 17, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Independent Contractor's Agreement No. 09-025 with
Power Management Incorporated ($60,100.00; for a revised not to exceed
amount of $140,000.00) for repair and maintenance of Deutz engine at
Wastewater Treatment Plant No. 2 (Ward 1).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Power Management Incorporated is a contractor specialized in Deutz engine
repair, maintenance, and emission compliance. The scope of work includes on-site emissions
testing, on-site repair, and maintenance of the Deutz engine for Wastewater Treatment Plant
No. 2. Wastewater Division staff performs all routine maintenance on the engines, all major
repairs and overhauls are delegated to outside sources. City staff does not have the expertise
to perform major repairs including overhauls to the Deutz engine. Continuous operation of the
Deutz engine significantly reduces the annual cost of electricity to operate Wastewater
Treatment Plant No. 2.
Sufficient funds are budgeted to fund this amendment.
PMI agreement 09-025
PW WW: Is
G:\GR0UPDAT\NDMINRPT\2010\02-17\PMI Amendment 1 Admin Report.doc
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MEETING DATE February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g, 14,
TO: Honorable Mayor and City Council ROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: February 8, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment. Number 1 to Agreement No. 08-222 with the County of Kern ($201,166;
revised not to exceed $848,166) for equipment, software, training, planning or other
professional services. (Homeland Security Grant funding)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Memorandum of Understanding between City of Bakersfield and the County of Kern was
approved December 17, 2008. The original contract approved an allocation of $647,000 in grant
funds to procure equipment, software, training or other professional services on behalf of the City
to fund the City's Hazardous Materials Response and Readiness Project (Hazmat Project) and the
Metropolitan Medical Response System (MMRS) program. The Amendment No. 1 adds the
Emergency Operations Center Project ($127,000.00) and the Bomb Squad IED Response Project
($74,166.00).
sc
February 10, 2010, 3:09PM
S:\COLEEN GLAIR\ADMIN REPORTS\Admin Report for MOU Amendmt 1 ECC and Bomb Squad.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g.,V,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 15, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 10 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($607,000; for a revised not to exceed amount of $218,312,310).
2. Transfer $607,000 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. 10 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 tenth change order to be submitted for this project. This change order will increase the
contract by $607,000. Cumulative change orders to date total $7,291,310 (which is an increase of
3.46% of the original contract amount) as illustrated below:
• Original Contract Amount = $211,021,000.00
• Amended Contract Agreement after Change Orders = $218,312,310.00
Net Increase to date = $7,291,310.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
G:\GROUPDATWDMINRPT\2010\02-17\CCO 10 Wastewater Treatment Plant #3 - 2007 Expansion (M114).doc
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
oa
DATE: January 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Turnupseed Electric Services, Inc. ($108,065.00)
for the installation of Traffic Monitoring Cameras 08-09 (Wards 2 and 5).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will install traffic monitoring cameras and fiber optic cable at:
• Intersection of Stockdale Highway and Gosford Road
• Intersection of Oak Street and Palm Street
With these new cameras and fiber optic cable installed, traffic signal timing through these
intersections can be optimized to improve traffic flow, reduce wait times and improve air quality
by reducing vehicle pollutants.
This traffic signal monitoring project is funded predominately with federal Congestion Mitigation
and Air Quality Program (CMAQ) funds. The federal portion of this project will fund 88.53% of this
project's costs. The 11.47% local portion of this project is funded with gas tax revenues received
in prior years. The Engineer's Estimate for this project is $150,000.
On October 9, 2009, a total of eight bids were received; all of those bids are acceptable.
The bids are as follows:
Turnupseed Electric Services, Inc.
5306 Aldrin Court
Bakersfield, CA 93313 (City) in the amount of $108,065.00
Pro Tech Engineering
3535 E. Coast Hwy #325
Corona, CA 92625 in the amount of $112,387.50
Loop Electric, Inc.
7040 Downing Avenue
Bakersfield, CA 93308 (City) in the amount of $127,488.50
January 28, 2010, 8:47AM
G:\GROUPDAT\ADMINRPT\2010\02-17\AdmiRpt_MonitoringCameras0809.docx
ADMINISTRATIVE REPORT
Steiny and Company
12907 E. Garvey Avenue
Baldwin Park, CA 91706 in the amount of $139,746.00
Christopher R. Morales, Inc.
155 N. Eucla Ave.
San Dimas, CA 91773 in the amount of $143,600.00
MCH Electric Inc.
31084 S. Hwy 33
Tracy, CA 95304 in the amount of $144,537.00
A-C Electric Company
315 30th Street
Bakersfield, CA 93301 (City) in the amount of $148,272.00
Pavletich Electric & Communications
6308 Seven Seas Ave.
Bakersfield, CA 93308 (City) in the amount of $171,948.50
January 27, 2010, 11:30AM
G:\GR0UPDAT\ADMINRPT\2010\02-17\AdmiRpt_MonitoringCameras0809.docx
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: g x
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: February 5, 2010 CITY ATTORNEY_~
CITY MANAGER ~S
SUBJECT: FY2009-10 Community Development Block Grant (CDBG) awarded to the Bakersfield
Police Department to add two Police Officer positions to patrol the Mill Creek / Downtown
area.
1. Add two Police Officer positions to the Bakersfield Police Department complement.
2. Appropriate $260,000.00 CDBG Cost Allocation Revenues to the Police Department
FY2009-10 Operating Budget in the General Fund for the hiring of two Police
Officers.
RECOMMENDATION:
Staff recommends approval of additional positions and appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $260,000 from the FY2009-10 Community
Development Block Grant (CDBG), to add two police officer positions to its sworn complement. The two
police officers will be assigned to patrol the Mill Creek Linear Park Area, generally bounded by Golden
State Avenue to the north, Union Avenue to the east, California Avenue to the south, and "K" Street to the
west, within the City of Bakersfield. CDBG funds will also pay for over-time extra-duty police officers to
patrol special events in the downtown area as needed. The BPD has applied for additional funding from
the CDBG to continue funding these officer positions to patrol the Mill Creek Linear Park Area through
FY2010-11.
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MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD '
DATE: January 21, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $75,400 Transportation Development Act Article 3 Grant funds to the
Public Works Department's Capital Improvement Budget within the Bikeway and
Pedestrian Pathway Fund for marking bike lanes on existing streets within
metropolitan Bakersfield at three sites (Wards 3 and 4).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Kern Council of Governments requested member organizations to submit grant
applications for Transportation Development Act Article 3 (Bicycle and Pedestrian Facilities)
funds. On July 15 2009, Public Works On October 29 application 2009, thefCi y was notified rthat locations in
grant
the metropolitan Bakersfield area.
request was approved as follows:
(1) Auburn Street from La Costa to Fairfax Rd.($19,100)
(2) Bernard Street from Mt Vernon Ave. to New Market Way ($15,300)
(3) Olive Drive from Canyon Falls Lane to Coffee Road ($41,000)
PW/ENGR/WGM
January 22, 2010, 4:29PM
G:\GR0UPDAT\ADMINRPT\2010\02-17\Appropriate $75,400 TDA Article 3 Grant funds for bicycle lanes.doc
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ , Z.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 4/5
DATE: January 25, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Acceptance of Financial Audit Reports
RECOMMENDATION: Budget and Finance Committee recommends acceptance of the audit reports.
BACKGROUND:
The following financial audit reports were submitted to the City Council on December 16, 2009.
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2009.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2009.
3. Single Audit Report (Draft) - Schedule of Federal Expenditures for the City of Bakersfield for the
fiscal year ended June 30, 2009.
4. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2009.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2009.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2009
The Council referred the reports to the Budget and Finance Committee for review.
On January 25, 2010 the Budget and Finance Committee reviewed the audit reports listed above. The
outside auditor was in attendance and gave a summary of their audit process, reports and required
audit communications. The Finance Director discussed several recommended internal control
improvements and acknowledged implementation of such. The Committee recommended acceptance
of all reports.
SAAdminAdmin Reports\2009 CAFR to Council.doc January 25, 2010, 2:30PM
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LIFO
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEADV
DATE: January 27, 2010 CITY ATTORNEY
CITY MANAGER_ e
SUBJECT: Acceptance of 2008-09 Transportation Development Act Funds Financial Statements.
RECOMMENDATION: Budget and Finance Committee recommends acceptance of audit report.
BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review
and recommendation. The Committee accepted the audit report at the January 25, 2010 meeting.
In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities
Code section 99245, and the California Code of Regulations section 6664, the attached financial
statements for the Transportation Development Act Funds were prepared for the fiscal year ending June
30, 2009.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public
Transit Fund.
The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown
Armstrong Accountancy Corporation has issued an unqualified opinion.
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G:\GROUPDATIADMINRPT\2010\02-17\Transp Dev Act Funds Financial Stm.docx
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ADMINISTRATIVE REPORT
lF
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 9, 2010 CITY ATTORNEY D
CITY MANAGER
SUBJECT: Grant of easement to P.G. & E. to relocate electrical service being displaced by the
construction of the Westside Parkway at Coffee Road "TRIP". (Wards 2 and 5)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND:
P.G. & E. has requested the City grant them a temporary construction easement over property
acquired by the City for the Westside Parkway. The easement will allow PG&E to relocate
facilities currently located adjacent to Coffee Road to a temporary location. PG&E will
ultimately relocate their permanent facilities into the Coffee Road overpass structure. The TRIP
Division of the Public Works Department has reviewed their request and recommends approval.
February 9, 2010, 11:33AM
P:\MyFiles\Admin Reports\PGE Coffee.doc
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ADMINISTRATIVE REPORT
MEETING DATE: February 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: C C .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD-
DATE: February 12, 2010 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 1 to Agreement No. 09-104 with Kern Sprinkler Landscaping,
Incorporated for the Annual Contract for Irrigation and Landscaping Services adding
$50,000 additional funds for a revised not to exceed contract amount of $140,000.
(Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 29, 2009, Council awarded the annual contract for irrigation and
landscaping services to Kern Sprinkler Landscaping, Incorporated in the amount of $90,000.
Additional funds are necessary to complete existing projects. The Annual Contract will be re-bid prior
to the expiration date in July 2010.
Purchasing Division
S:\PURCFMDMIMAmendments\Amendment #1 to Agreement 09-104, Kern Sprinkler, February 17, 2010.docx
February 12, 2010, 9:12AM
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ADMINISTRATIVE REPORT
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1
MEETING DATE: February 17, 2010 AGENDA SECTION: Closed Session
ITEM: q, Q
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD r/G
DATE: February 1, 2010 CITY ATTORNEY yG'
CITY MANAGE
R_~S
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Bakersfield Police Officers' Association v. City of Bakersfield
KCSC Case No. S-1500-CV-268290 NFT
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SACOUNCILCI Sess\Admins\09-10\2-17-t0ExistLit.doc
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ADMINISTRATIVE REPORT
I
MEETING DATE: February 17, 2010 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /e-
-DATE: February 1, 2010 CITY ATTORNEY 041-
CITY MANAGER 4'
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\09-10\2-17-t0.PotLit.doc
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MEETING DATE: February 17, 2010 AGENDA SECTION: Closed Session
ITEM: q, C
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD kllG
DATE: February 1, 2010 CITY ATTORNEY y~
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\2-17-lOLaborNeg.doc
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MEETING DATE: February 17, 2010 AGENDA SECTION: Hearings
ITEM: //.4.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD.
DATE: February 1, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of the sewer line easement located at 9628
Rosedale Highway. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the sewer line easement
located at 9628 Rosedale Highway. The site is being redeveloped and the existing private sewer
lateral has been relocated. The new private sewer lateral has been approved, installed, and is
operational. A new easement for the private sewer lateral has been recorded.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of the
date of this report. Public Works notes that there are no City maintained sewer and storm drain
facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no objection
as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the environment.
Resolution of Intention No. 1654 declaring intention to order said proposed easement vacation
was adopted by City Council at the regular meeting of January 13, 2010.
Notice of this public hearing has been duly advertised and posted as required by law.
February 1, 2009, 8:39:27 AM
S:\Street Vacations\Rosedale Hwy 9628\Admin Report - Final Hearing.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: February 17, 2010 AGENDA SECTION: Hearings
ITEM: b,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: February 9, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing on 13 Resolutions of Necessity ("RON") to determine whether
the public interest and necessity require acquisition by eminent domain of
temporary construction easements upon/across/over property located in
Bakersfield, California, specifically:
a. APN 409-491-06
b. APN 409-562-07
C. APN 409-562-16
d. APN 409-562-19
e. APN 409-562-21
f. APN 409-592-06
g. APN 409-611-07
h. APN 409-611-10
i. APN 409-611-11
j. APN 500-551-09
k. APN 500-611-12
1. APN 500-620-10
M. APN 500-620-11
for the Westside Parkway project. (Code Civ. Proc. § 1240.010) (Wards 2, 4, 5)
RECOMMENDATION:
Staff recommends adoption of the Resolutions.
BACKGROUND:
The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the
intersection of Stockdale Highway and Heath Road. and extending eastward parallel to the Cross
Valley Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and
ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be
limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road
to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk
Street to the eastern terminus of the parkway. The Project will also include the construction of
interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of
Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a
grade separation at the intersection of Mohawk Street and the BN&SF Railroad.
Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale
Highways, the major east-west arteries west of Highway 99. The Westside Parkway Project will
ADMINISTRATIVE REPORT
expand traffic capacity and circulation between northwest Bakersfield and the downtown area
and between the California Avenue business district and Rosedale Highway. The Project is
necessary to reduce traffic congestion and accommodate traffic from anticipated growth in
these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route
Adoption Environmental Impact Statement/Environmental Impact Report ("Tier 1 EIS/EIR"), which
the City Council approved on June 12, 2002. Additional information about the Project is
contained in the draft Tier 2 Environmental Assessment/ Draft Environmental Impact Report for the
Westside Parkway Project ("Tier 2 EIS/EIR"), which has been approved by the Federal Highway
Administration, Caltrans, and the City's Director of Public Works. Both the Tier 1 EIS/EIR and the Tier
2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program,
900 Truxtun Avenue, Suite 200.
Notice of hearing was served on the owners of APNs 409-592-06 and 409-611-10 but those
properties have since settled; therefore, RONs will not be required on those properties. The
subject temporary construction easements to be acquired are located on:
a. APN 409-491-06
b. APN 409-562-07
C. APN 409-562-16
d. APN 409-562-19
e. APN 409-562-21
f. APN 409-611-07
g. APN 409-611-11
h. APN 500-551-09
I. APN 500-611-12
j. APN 500-620-10
k. APN 500-620-11
The subject temporary construction easements are necessary for the construction of a sound wall
on adjacent property thereto for a portion of the Westside Parkway Project. The temporary
construction easements will be approximately ten (10) feet wide and are depicted in the exhibits
attached to the RONs.
As of the date of this Administrative Report, the City has successfully negotiated with 114 property
owners in obtaining temporary construction easements. The City will continue to negotiate with
the remaining property owners even during the legal process in order to obtain the remaining
temporary construction easements for the project.
Staff recommends adoption of each Resolution of Necessity (a through k above) authorizing
acquisition by eminent domain of the temporary construction easements. Proposed Resolutions
of Necessity are attached to this report and include legal descriptions and plat maps of the
temporary construction easements to be acquired. All statutory findings have been made and
are set forth in the RONs.
JHR/RH:Isc
SAC0UNCIL\Adm1ns\09-10 Admins\ RON. I 3TCEs-WPkwy.doc