HomeMy WebLinkAbout10/13/10_CC_AGENDA_PACKETd BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF OCTOBER 13, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2.
3.
4.
5.
6.
INVOCATION by Pastor Brent Van Elswick, Riverlakes Community Church.
PLEDGE OF ALLEGIANCE by Jordyn Lynn Reyes, 2nd grade student at Suburu Elementary
School.
WORKSHOPS
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to the Gomez family declaring October
13, 2010, Mexicali Restaurant Day.
b. Presentation by Mayor Hall of Proclamation to Jim Darling, on behalf of Bakersfield's
Rotary Clubs, declaring October 23, 2010, Polio Eradication Day.
C. Presentation by citizen Bennett Rosenberg of Certificate of Appreciation to Police
Officers Cooper and Schlecht.
PUBLIC STATEMENTS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 22, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from September 10, 2010 to October 1, 2010 in
the amount of $16,300,791.66 and self-insurance payments from September 10, 2010
to October 1, 2010 in the amount of $381,312.86.
Ordinances:
Resolutions:
C. Resolution determining that Bridgeport Manufacturing parts for Bridgeport Ranger
automated side loader bodies, cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance Director to dispense with bidding
therefore and purchase parts from Refuse Power Systems, not to exceed $607,000.
d. Resolution determining that the Chief of Police is appointed as agent authorized to
execute Memorandums of Understanding with the Kern allied agencies participating
in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic
Safety.
8. CONSENT CALENDAR continued
(Ward 4) e. Resolution forming a Traffic Signal Maintenance District, designated at TS-21
(Stockdale, Allen SE & NE) and preliminarily adopting, confirming and approving the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector.
(Ward 4) f, Resolution to add territory, Area 2-45 (12225 & 12775 Stockdale Highway) to the
Consolidated Maintenance District and preliminarily approving, confirming and
adopting the Public Works Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
(Ward 4) g. Resolution of Intention No. 1676 to add territory, Area 4-98 (2116 P Street & 900 22nd
Street) to the Consolidated Maintenance District and preliminarily approving,
confirming and adopting the Public Works Director's Report.
Agreements:
(Ward 2) h. Agreement with Kern County Water Agency ($304,880) to realign the Cross Valley
Canal in preparation for the construction of Westside Parkway Phase II. (TRIP)
i. Sponsorship of Movies in the Park series at City parks:
1. Agreement with San Joaquin Community Hospital Foundation ($7,000) to
present Movies in the Park series.
2. Appropriate $7,000 contribution from the San Joaquin Community Hospital
Foundation made through the Bakersfield Foundation to the Recreation and
Parks Department Operating Budget within the General Fund for the Movies in
the Park series.
j. 2011 Healthcare Agreements:
1. Amendment No. 1 to Agreement No. 09-133 with Met Life Insurance Co. for
preferred provider dental insurance for eligible employees.
2. Amendment No. 6 to Agreement No. 05-422 with PacifiCare Behavioral Health
of California for emotional health care insurance for eligible employees.
(Ward 2,5) k. Department of Water Resources Locally Owned Levee Evaluation Program:
l . Amendment No. 1 to Agreement No. 08-056 with Meyer Civil Engineering, Inc.
($227,750; revised not to exceed $527,750) to complete a field investigation
and engineering study of City operated and maintained levees.
2. Appropriate $227,750 State Grant Revenue (Proposition 84) to the Water
Resources Capital Improvement Budget within the Agriculture Water Fund to
fund the amendment.
(Ward 1) I. Amendment No. 1 to Agreement No. 09-062 with Golden Empire Affordable Housing,
Inc. II to assign the agreement and all interest to Haven Cottages, LLC for the 24 unit
supportive housing project located at the northeast corner of S. Union Avenue and E.
White Lane.
2 City Council Meeting of 10/13/2010
4 r
8. CONSENT CALENDAR continued
(Ward 1) M. Amendment No. 2 to Agreement No. 07-172 with Mead & Hunt, Inc. ($42,918; revised
not to exceed $309,117) for construction services of the Southwest Hangar
Development airport taxilane and apron expansion project.
(Ward 1,6) n. Amendment No. 1 to Agreement No. 10-084 with Kenneth D. Schmidt and Associates
(extend term to December 31, 2012 and no change to compensation) to provide
general groundwater consulting at Wastewater Treatment Plant Nos. 2 and 3.
(Ward 3) o. Contract Change Order No. 3 to Agreement No. 09-072 with AC Electric Co.
($12,830; revised not to exceed $138,912.83) for the Traffic Signal and Lighting System
Modification at Columbus Street and Mt. Vernon Avenue Project.
(Ward 2) p. Contract Change Order No. 1 to Agreement No. 10-014 with KLM Construction
($12,389.40; revised not to exceed $80,334.40) for the Pier Cap Strengthening Beale
Avenue Overcrossing Project.
(Ward 3) q. Contract Change Order Nos. 93 and 94 to Agreement No. 07-304 with Security
Paving Construction ($27,706.46; revised not to exceed $32,918,653.32) for the State
Route 178 and Fairfax Road Interchange Project. (TRIP)
Bids:
(Ward 3) r. Kern River Upland and River Edge Restoration Project:
1. Accept bid and approve contract with Elite Landscaping, Inc. ($1,664,943) for
project.
2. Appropriate $314,000 Park Improvement Fund balance (Zone 2 Development
Fees) to the Recreation and Parks Department Capital Improvement Budget
within the Park Improvement Fund.
3. Amendment No. 3 to Agreement No. PW10-024 with Quad Knopf, Inc.
($18,550; revised not to exceed $49,850) for additional environmental services
and site monitoring during construction.
S. Accept bid and approve annual contract with Jim Alffer Cement Contractor (not to
exceed $190,577.50) for canal liner repair.
(Ward 6) t. Accept bid and approve contract with Security Paving Co. ($2,104,870.50) for Street
Improvements: McCutchen Road from Gosford Road to Ashe Road and Waterline
Extension to Wastewater Treatment Plant 3 Project.
(Ward 6) U. Accept bid and approve contract to Griffith Co. ($2,800,112) for Street
Improvements: Gosford Road from Taff Highway to McCutchen Road Project.
Miscellaneous:
(Ward 4) v. Appropriate $1,813,325 North of the River (NOR) Park Development Fees to the
Recreation and Parks Department Capital Improvement Budget within the Park
Improvement Fund for the Polo Community Park Project.
City Council Meeting of 10/13/2010
8. CONSENT CALENDAR continued
(Ward 1,2,6,7) W. Proposed modifications to projects funded with Proposition 1 B, State Transportation
Revenue Funds:
I . Transfer $100,778 from savings realized on Street Improvements, Stockdale
Highway from Country Club Entrance to Ashe Road and from California
Avenue to Weatherly Drive Project to fund Traffic Signal Modification on
Stockdale Highway at Montclair Street within the Gas Tax Fund.
2. Transfer $225,000 from savings realized on Street Improvements, Stockdale
Highway from Country Club Entrance to Ashe Road and from California
Highway to Weatherly Drive Project to fund Pavement Rehabilitation on
Stine Road from Panama Lane to Pacheco Road within the Gas Tax Fund.
3. Appropriate $100,000 Gas Tax Fund balance to the Public Works Department
Capital Improvement Budget to fund the balance of estimated costs for the
Pavement Rehabilitation on Stine Road from Panama Lane to Pacheco Road
Project.
4. Transfer $133,817 from a budgeted Public Works Capital Improvement Project
(Street Improvement - White Lane from Dovewood to Wible Road) to
Stockdale Highway project within the Gas Tax Fund.
Staff recommends adoption of Consent Calendar items 8. o. through 8. w.
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 3) a, Public Hearing to consider Resolution ordering the vacation of the Waiver of Direct
Access along Parcel 1 of Parcel Map No. 10898 at 3707 Coffee Road. (Staff
recommends adoption of resolution.)
(Ward 4) b. Public Hearing to consider Resolution ordering the Summary Vacation of a portion of
the flowage and drainage easement located at the southwest corner of Polo
Community Park on Old Farm Road. (Staff recommends adoption of resolution.)
C. General Plan Amendment No. 10-0334; The Public Works Department proposes a text
amendment to the Circulation Element of the Metropolitan Bakersfield General Plan
relating to Freeways, (Staff recommends adoption of resolution.)
1. Resolution approving the Notice of Exemption, adopting the general plan
amendment changing the text of the Circulation Element of the Metropolitan
Bakersfield General Plan relating to Freeways.
(Ward 4-7) d, Public Hearing to consider Resolution setting domestic water availability fee for Ashe,
Fairhaven and Riverlakes Ranch service areas of City Water System. (Staff
recommends adoption of resolution.)
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
4 City Council Meeting of 10/13/2010
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation, Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for the following:
1. State Water Resources Control Board - Reference No. KMG:A31674
2. North Kern Water Storage District, et al v. State Water Resources Control
Board; City - K.C.S.C. Case No. S-1500-CV-270613-KCT
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
Government Code Section 54956.9(b)(1)(3)(A). (One matter)
RECESS TO CLOSED SESSION
16. CLOSED SESSION ACTION
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
10/7/109:30am
5 City Council Meeting of 10/13/2010
AGENDA HIGHLIGHTS
October 13, 2010 COUNCIL MEETING
Item 8j. 2011 Healthcare Agreements for Dental and the Employee Assistance Plan The
majority of the City's healthcare plans for 2011 were approved for renewal by the City Council
on September 22, 2010. However, negotiations with the providers of the dental care and
employee assistance plan were still in process at that time. The City's healthcare consultant,
the Segal Company, was able to secure a -15.3% rate decrease for the employee assistance
plan, administered by Pacificare Behavioral Health. The Met Life Dental plan will increase by
7%. However, it is important to note that an analysis of the prior year plan utilization would have
actually resulted in a larger increase. Segal, in previous negotiations with Met Life, secured a
7% cap for the 2011 rates. Both the Personnel Committee and the Insurance Committee are
recommending approval of these proposed rates.
M
Item Sr. Kern River Upland and River Edge Restoration Project. This project includes the
restoration of 14.5 acres within the Kern River Parkway between Chester Avenue and Golden
State Highway, just west of the canal next to Stramler Park. The project is primarily funded from
State grant funds, with a local match requirement from Agricultural Water Funds and the
balance from Park Development Fees. This item is to request Council action for: 1) Award of
the construction contract. There were 3 acceptable bids; staff recommends award to the low
bidder, Elite Landscaping, Inc., in the amount of $1,664.943.00; 2) Appropriation of $314,000 in
Park Development Funds to the Recreation and Parks Capital Improvement Budget;, and 3)
Approval of an amendment to Agreement PW 10-024 with Quad Knopf, Inc. for $18,550.00 (not
to exceed $49,850.00) for additional environmental services and site monitoring required by the
various federal regulatory agencies.
Item 8t. and Item 8u. Acceptance of Bids and Award Contracts for Street Improvements
related to the Expansion of Wastewater Treatment Plant No 3 The expansion of WWTP3
requires improvements to roads adjacent to the facility. There are two projects on the Council
agenda for approval. Funding for both of these projects will be from the Wastewater Fund.
Item 8t: Construction of new road, including curb/gutter, sidewalks, and improvements on the
south half of McCutchen Road from Gosford Road to Ash Road. Six bids were received, all
acceptable. Staff recommends award to the low bidder, Security Paving Company, in the
amount of $2,104,870.50.
Item 8u: Construction of new road on the east half of Gosford Road from Taft Highway to
McCutchen Road. Six bids were also received for this item, all acceptable. Staff recommends
award to the low bidder Griffith Company, in the amount of $2,800,112.00.
Consent Calendar Public Hearinas
Item 9c. General Plan Amendment to the Circulation Element. This is a minor action to modify
the existing text of the Metropolitan Bakersfield General Plan to incorporate the established
future freeway routes into a "Bakersfield Beltway System", which consists of five freeways: the
Route 58 Connector and the Westside Parkway (which together make up the Centennial
Corridor), and West, South and North Beltway freeways. The amendment does not modify or
add new freeway routes; it is to clarify and allow flexibility in utilizing federal funding for the
future beltway system. The Planning Commission heard this item, with no public opposition, on
September 16, 2010 and recommended approval by the City Council.
Item 9d. Resolution Setting the Domestic Water Availability Fee for Ashe Fairhaven and
Riverlakes Ranch Service Areas This item includes the Public Hearing to increase the domestic
water availability fee from $5,450.00 per acre to $5,664.00, which is a 3.9% increase, based on
the construction cost index. The water availability fee is charge to ensure that water is available
for costs associated with new development (water well construction, land purchase for
recharge facilities, and related expenses). The Water Board approved this action on
September 15, 2010 and requested it be forwarded to the full Council for approval. The fee
adjustment is proposed to go into effect as of January 1, 2011. At the time the Administrative
Report was submitted on September 29, 2010, no protests or comments had been received.
Item 10a. There will be a conference with Legal Counsel regarding two matters of existing
litigation and one matter of potential litigation.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - October 13, 2010 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Presentations
ITEM: !5, C.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA 14
DATE: October 1, 2010 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Presentation by Mayor Hall of Proclamation to the Gamez family declaring October 13,
2010, Mexicali Restaurant Day in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Presentations
ITEM: !5.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: October 1, 2010
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Jim Darling, on behalf Bakersfield's Rotary
Clubs, declaring October 23, 2010, Polio Eradication Day.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Presentations
ITEM: 6 , C
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
LDATE: September 30, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Citizen Bennett Rosenberg of Certificate of Appreciation to
Officers' Cooper and SchlPCht
RECOMMENDATION:
No recommendation required.
BACKGROUND:
Bennett Rosenberg and his family were the victims of a residential burglary/ransack and grand
theft auto during Labor Day weekend. Mr. Rosenberg would like to publicly commend Officers'
Bryce Cooper and Keith Schlecht for their tenacious follow-up investigation which resulted in
the arrest of four suspects and the recovery of a large amount of his property within a ten day
period. Since that time, Detectives have arrested two additional suspects and the investigation
is continuing.
Additional Bakersfield Police Department staff has been identified as follows:
Officer Raul Vega, First responding officer
Police Service Technician John Coates, Follow-up for latent print evidence
Officer William Wesbrook - Arrest of a forgery suspect related to the burglary.
Detective Brian Silvius, Sgt. Jon Scott, Detective Todd Brown, Detective Pete Cavazos, Detective
Lonnie Mills, and Detective Anthony Mosley for assisting Officers' Cooper and Schlecht with the
execution of a search warrant, recovery of additional property and arrest of a suspect.
Detectives' Don Cegielski and Todd Brown provided follow-up investigation which has resulted
in the arrest of the two additional suspects on 9/30/10, and the continuing investigation with
more arrests possible.
9/30/2010 4:12 PM
P:/Admin/Rpt/Presentation by Citizen Bennett Rosenberg
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 5. CL.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: October 1, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the September 22, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: October 1, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER--
SUBJECT: Approval of department payments from September 10, 2010 to October 1, 2010
in the amount of $16,300,791.66 and Self Insurance payments from September
10, 2010 to October 1, 2010 in the amount of $381,312.86.
RECOMMENDATION:
Staff recommends approval of payments totaling $16,682,104.52
BACKGROUND:
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October 1, 2010, 9:28AM
S:\Kim G\ADMIN\COUNCIL-ADMIN-AP-2011\HDMIN-AP 101310.doc
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: t3. C,.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 28, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
6.1
CITY MANAGER
SUBJECT: Resolution determining that Bridgeport Manufacturing parts for Bridgeport
Ranger automated side loader bodies cannot be reasonably obtained through
the usual bidding procedures and authorizing the Finance Director to dispense
with bidding thereof not to exceed the budgeted amount of $607,000. (City
Wide)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On August 11, 2010 Council approved the purchase of seven (7) replacement
three axle cab and chassis right hand drive vehicles for use by the Solid Waste Division. The
City owns seven (7) Bridgeport Ranger automated side loader bodies that can be refurbished
to original condition if Original Equipment Manufacturer (OEM) Bridgeport replacement parts
are used. If approved, Bridgeport Manufacturing will refurbish the City owned Ranger bodies,
install supplied LNG fuel systems, and will mount the refurbished bodies on the new cab and
chassis. The purchase of Bridgeport Manufacturing parts must be purchased through Refuse
Power Systems, the dealer representative for the state of California. Staff will coordinate the
delivery of the new cab and chassis to Bridgeport Manufacturing; Refuse Power Systems will
provide transportation of the City owned bodies to the Manufacturer and delivery of the
completed units back to the City.
Staff is recommending adoption of the Resolution to dispense with bidding for Bridgeport
Manufacturing parts, purchased through Refuse Power Systems, for the refurbishing of seven
(7) automated side loader bodies. Funds are available in Equipment Replacement Fund for
an amount not to exceed $607,000.
Purchasing Division/kb
SAPURCHWDMINWdmin 10-111Bridgeport Sole Source Resolution, October 13, 2010.docx
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ADMINISTRATIVE REPORT
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: E3 d.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: October 1, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Resolution determining that the Chief of Police is appointed as agent authorized to
execute Memorandums of Understanding (MOUs) with the Kern allied agencies
participating in the Kern AVOID 18 Project funded by a grant from the California
Office of Traffic Safety.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND:
The Bakersfield Police Department (BPD) has been awarded $345,492 from the State Office of
Traffic Safety (O.T.S.) to serve as the host agency for a Regional DUI effort in Kern County to
reduce alcohol-involved fatalities and injuries, and to raise general public awareness regarding
the problems associated with drinking and driving.
This grant award includes a provision of $78,912 to fund allied agency operations. However,
before an allied agency may participate in the AVOID program, O.T.S. requires the agency to
make a formal commitment to the program via a Memorandum of Understanding (MOU).
Potential participating agencies include Police Departments from the cities of Arvin, Bear Valley,
California City, CSUB, Delano, KCDA Crime Lab, Maricopa, McFarland, Ridgecrest, Shafter,
Stallion Springs, Taft, Tehachapi, Kern County Sheriff's Department, KERN County Probation
Department, ABC and the California Highway Patrol. The Chief of Police needs the ability to
promptly and efficiently execute MOUs with these agencies in order to abide by the strict time
requirements of the OTS grant.
Grant activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations, -
DUI Warrant/Probation Sweeps and Court Sting Operations for repeat DUI offenders during the
Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend/Period,
Summer Mobilization, special dates, county fairs, festivals, and other community events with
identified DUI problems.
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\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (10-13-10) 2010 OTS AVOID GRANT (AL1133)
MOUs.docx
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6 . e'.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 30, 2010
APPROVED
DEPARTMENT HEAD-.-,"
.
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution forming a Traffic Signal Maintenance District, designated as TS-21
(Stockdale, Allen SE & NE) and preliminarily adopting, confirming and approving
the Public Works Director's Report and authorizing collection of assessments by the
Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On September 22, 2010, the Council adopted Resolution of Intention No. 1674 to
form a Traffic Signal Maintenance District at the location listed above. Inclusion in a Traffic Signal
Maintenance District will provide for the maintenance of a convenient traffic signal within the
district.
Staff is recommending the formation of the new Traffic Signal Maintenance District.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Traffic Signal Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Traffic Signal Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdividers)/developer(s) to be recorded with the subdivision map.
GAGROUPDATWDMINRPT\2010\10-13\Res Estab TS-21 admin.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 30, 2010
APPROVED
DEPARTMENT HEAD IJeda~
CITY ATTORNEY
CITY MANAGER- ~S
SUBJECT: Resolution to add territory, Area 2-45 (12225 & 12775 Stockdale Highway) to the
Consolidated Maintenance District and preliminarily approving, confirming, and
adopting the Public Works Director's Report and authorizing collection of
assessments by the Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On September 22, 2010, the Council adopted Resolution of Intention No. 1675
adding the above territory to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of parks and/or street landscaping. The area will be under park and/or
streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdividers)/developer(s) to be recorded with the subdivision map.
G:\GROUPDANIDMINRPT\2010\10-13\Res Estab MD 2-45 admin.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 30, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1676 to add territory, Area 4-98 (2116 P Street & 900
22nd Street) to the Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcel to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is
attached for reference.
G:\GROUPDAT\ADMINRPT\2010\10-13\ROI 1676 MD 4-98 admin.doc
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 81,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 30, 2010 CITY ATTORNEY Val
CITY MANAGER
Agreement with Kern County Water Agency, ($304,880.00), to realign the Cross
Valley Canal in preparation for the construction of Westside Parkway Phase II.
(TRIP) (Ward 2)
APR VED
DEPARTMENT HEADt v
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The portion of the Westside Parkway between Mohawk Street and Coffee
Road is currently under construction. Within this area, the Parkway crosses the current
alignment of the Cross Valley Canal (CVC) twice. Due to operational and maintenance
needs for the CVC, the canal would have to be crossed with two large elevated bridge
structures. Or alternatively, the CVC could be relocated to a new alignment so that it
remained south of the Westside Parkway in this area resulting in no bridge crossings. After
discussion with the Kern County Water Agency (KCWA), it was agreed that relocating the CVC
would be a better and more cost effective solution to this facility conflict.
The City currently owns the property for the new CVC alignment, and will grant KCWA a
permanent easement for the realigned CVC across the City property. KCWA will convey to
the City the property that they own which contains the current alignment of the CVC on
which the Westside Parkway will be constructed. Due to existing soil conditions on the City
property, the realigned canal will need to be constructed as a closed conduit system
connecting to the existing CVC canal alignment at each end.
Originally, KCWA was going to design, bid, and construct this relocation and the City was
going to reimburse KCWA for these costs. However, KCWA recently requested that the City
instead complete the design and construction of the realigned canal, with KCWA only acting
in an oversight and approval role. The agreement provides for the reimbursement of any costs
KCWA incurs due to their oversight, such as review of plans and Inspection of construction.
Staff recommends approval of this agreement with KCWA. A combination of previously
budgeted State and local funding will be used for this agreement.
October 6, 2010, 6:33PM
Tdw:G:\GROUPDATWDMINRPT\2010\10-13\KCWA Agreement Admin REV 3.docx
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8 • i
TO: Honorable Mayor and City Council /APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD M c l'/
DATE: September 30, 2010
CITY ATTORNEY 1rI
CITY MANAGER 45
SUBJECT: Sponsorship of Movies in the Park series at City parks:
1. Agreement with San Joaquin Community Hospital Foundation ($7,000) to
present Movies in the Park series.
2. Appropriate $7,000 contribution from the San Joaquin Community Hospital
Foundation made through the Bakersfield Foundation to the Recreation and
Parks Department Operating Budget within the General Fund for the Movies in
the Park series.
RECOMMENDATION:
Staff recommends acceptance of Title Sponsorship Agreement and approval of appropriation.
BACKGROUND:
The Movies in the Park series was eliminated from the City's General Fund since 2009. In response,
the San Joaquin Community Hospital (SJCH) Foundation has announced their desire to continue
the Movies in the Park series by sponsoring $7,000 to be used directly for this program. The $7,000
sponsorship will be made to the Bakersfield Foundation and will be appropriated to the City's
Recreation and Parks Department's Operating Budget. Through a Title Sponsorship Agreement
between the City and SJCH, the City will use the $7,000 to schedule ten (10) family movies, supply
necessary equipment, publicize and secure the staff as needed. The movies will be shown May -
September 2011 throughout all City Council wards in the City.
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S:IADMINISTRATION DIVISIONWdmin Rpts\2011 AdminsWovies in the Park.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council
APPROVED
FROM: Steven L. Teglia, Acting Human Resources Manager DEPARTMENT HEAD
DATE: September 30, 2010
SUBJECT: 2011 HEALTH CARE CONTRACTS
CITY ATTORNEY
CITY MANAGER
1. Amendment No. 1 to Agreement 09-133 with Met Life Insurance Co. for Preferred
Provider Dental Insurance for Eligible Employees.
2. Amendment No. 6 to Agreement 05-422 with PacifiCare Behavioral Health of
California for Emotional Health Care Insurance for Eligible Employees.
RECOMMENDATION:
The Personnel Committee recommends approval of the contracts.
BACKGROUND:
At the last Council meeting, held on September 22, 2010, the Council approved the renewal
of a majority of the City's health insurance contracts for the 2011 plan year. At that time two
(2) contracts were not ready for Council action, due to ongoing negotiations.
The City's health care consultants, The Segal Company (Segal), were directed to make every
effort to maintain or reduce premium costs with no or minimal plan changes. Segal has
worked diligently with the various vendors to meet this goal and achieve the most favorable
renewal rates possible for 2011. In doing so, Segal was able to avoid rate increases for a
majority of the City's plans along with securing a 15.3% rate reduction for the Employee
Assistant Program administered by PacifiCare Behavioral Health.
The Met Life Dental Insurance renewal will see a 7% increase in 2011. It is important to note
that an analysis of prior year plan utilization would have normally prompted a larger increase
to the Met Life dental renewal; however, due to Segal's previous negotiations with Met Life,
rate increases for the 2011 Met Life Dental plan were capped at 7%.
On March 23, 2010, President Obama signed into law the Affordable Care Act. This law
contains significant changes which have the intent of enhancing the availability and quality
of health care for all Americans. This law will not be implemented all at once; rather the
majority of regulations will take effect in 2014 and beyond. With that being said, there are
some provisions which will be required prior to 2014. One of these provisions requires plans,
with policy years beginning on or after September 23, 2010 and which offer dependent
ADMINISTRATIVE REPORT
coverage, to offer coverage to enrollees' adult children until age 26, regardless of the status
of the adult child. This law only requires an employer to extend this dependant definition to
active employee health plans only and does not apply to dental or vision plans. The City
had proposed, at additional expense to the City and employee, to extend this new
dependent definition to active employee dental and vision plans, for uniformity of
administration. After review of the proposal, the Insurance Committee recommended
against this action. Based on the recommendation of the Insurance Committee and without
objection from staff, the Personnel Committee approved the renewal of the two contracts
without the application of the new dependent definition to active dental and vision plans.
As discussed above, these proposals have been reviewed and discussed by both the
Insurance Committee and the Personnel Committee and both have recommended
approval. Below is an overview of the results of Segal's negotiations with the various
providers.
2011 Health Care Renewals
MetLife Dental
Active
7% increase
PacifiCare Behavioral Health
Employee Assistance Program (EAP) -15.3% decrease
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ADMINISTRATIVE REPORT
MEETING DATE: October 13, 2010 AGENDA SECTION:: Consent Calendar
ITEM: 8 -K,
Honorable Mayor and City Council
FROM: Art Chianello, Water Resources Manager
DATE: September 30, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Water Resources Locally Owned Levee Evaluation Program. (Wards 2 & 5)
Amendment No. 1 to Agreement No. 08-056 (formerly WR 07-011 Amendment No. 1)
with Meyer Civil Engineering, Inc. ($227,750; revised not to exceed $527,750) to
complete a field investigation and engineering study of City operated and maintained
levees through Bakersfield.
2. Appropriate $227,750 State Grant Revenue (Proposition 84) to the Water Resources
Capital Improvement Budget within the Agriculture Water Fund to fund the
amendment
RECOMMENDATION: Staff recommends approval of amendment and appropriation
BACKGROUND: In 2007, the Department of Homeland Security's Federal Emergency Management
Agency(FEMA) began the process of producing a countywide flood insurance report and Digital Flood
Insurance Rate Maps (DFIRM) for Kern County California. As part of the process FEMA determined that
sections of the Kern River Levee system through Bakersfield require documentation to show these
levees meet the criteria of the Code of Federal Regulations, Title 65, Section 65.10 (44 CFR 65.10).
Without this documentation, these areas previously accredited with providing flood protection from the
flood that has a 1-percent-chance of being equaled or exceeded in any given year would lose this
designation. To confirm and maintain this accreditation the City of Bakersfield entered into the
Provisionally Accredited Levee Program (PAL). The PAL program allows the City additional time to
submit documentation to FEMA that these levees meet 44 CFR 65.10 requirements. Under that program
the City initially had until July 22, 2009, to provide this documentation but the revised due date has been
extended to January 31, 2011. If the information is not provided by this deadline, FEMA will initiate a
map revision to re-designate certain areas on the landward side of these levees as flood prone. This
could cause some of our residents that own property adjacent to our levees to have to purchase
expensive flood insurance.
In March 2007, the City entered Agreement No. WR 07-11 with Meyer Engineering to prepare an initial
study of the levees and in March 2008 the agreement was amended (No.1) for the consultant to
complete a field investigation and engineering analysis of City maintained levees for an amount not to
exceed $300,000. This amount was estimated to be approximately half of the costs to complete all the
necessary investigation and analysis work required by FEMA for the PAL program.
In order to obtain the balance of the funds necessary to complete the full levee evaluation as required by
FEMA, staff submitted a grant application to the State of California Department of Water Resources
"Locally Owned Levee Evaluation Program (LOLE). The City was subsequently notified by the State that
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ADMINISTRATIVE REPORT
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our grant application was accepted and a representative from the State toured our levee system and
confirmed our eligibility under the LOLE program. Shortly thereafter the State froze all funding for the
program putting our grant funding on hold. The City recently received notification from the State that the
funding for our LOLE grant had been reinstated. The State LOLE grant funds will reimburse the City for
up to 50% or $227,750 of eligible costs to complete the evaluation of our levees.
This appropriation is needed to add the Proposition 84 State Grant Revenue to our budget to fund the
additional work necessary to meet the requirements of FEMA and the California Department of Water
Resources Locally Owned Levee Program.
ADMINISTRATIVE REPORT
-1-IFOF~\
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8 , ( ,
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 30, 2010
APPROVED
DEPARTMENT HEAD
'
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CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-062 with Golden Empire Affordable Housing, Inc.
ll, (GEAHI-II) to assign the agreement and all interest to Haven Cottages, LLC, for the
twenty-four unit supportive housing project located at the northeast corner of S. Union Ave.
and East White Ln. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On May 20, 2009, the City Council approved an agreement with GEAHI-II for $1,092,219.00 in HOME and
CHDO funds to construct 24 units of supportive Housing in the Southeast Redevelopment Project Area, at
the corner of South Union Ave. and East White Ln. The project consists of 24 - (412 Sq. Ft.) one-
bedroom units. The total project cost is estimated at approximately $4.4 million and will utilize various
funding sources. GEAHI-II initially formed a Limited Partnership called Columbus Haven, L.P., a California
Limited Partnership for the purpose of developing the senior affordable housing project and applying to the
State for low income tax credit (LITC) financing. GEAHI-II was not successful in obtaining the tax credits.
Due to changes in the financing structure for the Haven Cottages project, Columbus Haven L.P. withdrew
as Limited Partner for this project and was replaced with a new entity called Haven Cottages LLC, a
California Limited Liability Company as the sole owner and entity.
Amendment No. 1 will assign this agreement and any interest in it to Haven Cottages LLC, a California
limited liability company formed as the new sole owner and entity. The new Owner of the Project is subject
to the terms and conditions of Agreement No. 09-062. Construction is expected to start by the end of
November, 2010.
This amendment will not have any fiscal impact on the City's contribution to the project.
S:\Admins\City Council\City Council Admins 2010\Haven Cottages Amend #1 ADMINISTRATIVE REPORT.doc
9/30/2010 3:53 PM
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: , M ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-172 with Mead & Hunt, Inc. ($42,918.00;
revised not to exceed $309,117.00) for construction management services of
Bakersfield Municipal Airport Taxilane and Apron Expansion Project (Ward 1).
RECOMMENDATION: Staff recommends approval of Amendment
BACKGROUND: The City entered into Agreement No. 07-172 with Mead & Hunt (Consultant)
on June 6, 2007 to provide for design of infrastructure improvements necessary to build
additional hangars at the Bakersfield Municipal Airport. All current spaces for hangar
construction are leased and there is currently a waiting list to obtain ground leases for hangar
construction.
At the June 30, 2010 Council meeting, Amendment No. 1 to this Agreement was approved.
This provided for the redesign of the original concept which included six hangar rows, taxilane
access, and one Fixed Base Operator (FBO) building, to a revised concept which included five
hangar rows, taxilane access, and one FBO building. This revision was based upon discussions
with both the Consultant and the Developer, Kern Charter Inc (current FBO).
The City is now in need of Federal Aviation Administration (FAA) required construction
management services for the construction phase of the taxilane and apron expansion project.
Included are: preparing a Construction Management Plan; conducting a preconstruction
meeting with representatives of the City, FAA and contractor; review contractor submittals;
make a final review of the work; and, prepare a Final Construction Report. The additional cost
to re-design the project will be $42,918. Sufficient funds are budgeted to cover this
Amendment. Federal funds will cover 95% of the Amendment's cost through a Federal
Aviation Agency grant.
There is no General Fund impact associated with this Amendment.
Ep
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LIFO
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: n ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 13, 2010
APPS ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 10-084 with Kenneth D. Schmidt and
Associates (extend term to December 31, 2012, no change to compensation
amount) to provide general groundwater consulting at both Wastewater
Treatment Plants 2 and 3 (Wards 1 and 6).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Wastewater Treatment Plants 2 and 3 are operated under permits issued by
the State Water Resources Control Board (SWRCB). On February 14, 2008, the City entered
into Agreement No. PW 08-017 with Kenneth D. Schmidt and Associates (Consultant) to
provide general groundwater consulting services, including scientific analysis and reporting to
the SWRCB. This original Agreement had a not to exceed compensation amount of $40,000
with an expiration date of December 31, 2010. At the June 30, 2010 Council meeting, this
Agreement was amended to provide for additional analysis and reporting as required by
SWRCB and to increase the compensation amount from $40,000 to $55,000.
In the near future, more groundwater monitoring wells will be constructed which will also
require analysis and reporting to the SWRCB. These wells will not be constructed by the
Agreement's current termination date of December 31, 2010. Therefore, staff recommends
extending the term of this Agreement to December 31, 2012. No change in the not-to-exceed
compensation amount is required at this time.
There is no General Fund impact associated with this Agreement.
Geocon agreement 08-057
PW WW: Is
G:\GR0UPDATWDMINRPT\2010\10-1 Men Schidmt Amendment 1 Admin Report.doc
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . 0.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 28, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 3 to Agreement No. 09-072 with AC Electric
Company ($12,830; revised not to exceed $138,912.83) for the project known
as Traffic Signal and Lighting System Modification at Columbus Street and
Mount Vernon Avenue (Ward 3).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the modification of the traffic signal at the intersection
of Mount Vernon Avenue and Columbus Street.
Due to clearance issues with overhead power lines, this project was suspended while PG&E
went through the process of relocating these facilities. During this suspension of work, 200
lineal feet of interconnect cable was cut and stolen from cable run that serves Mt. Vernon
Ave. from University Avenue to Columbus Street. As such, this cable must be replaced in order
to reestablish service. The contractor has agreed to replace this cable for the lump sum price
of $12,830. This price includes removal of approximately 2600 lineal feet of existing cable. This
cable will be spooled and delivered to the City for future use.
The net cost increase of Change Order No. 3 is $12,380. The change orders to date on this
project reflect a total cost increase of $19,117.83 (which results in 16% increase of the original
contract amount) as illustrated below:
• Original Contract Amount = $119,795.00
• Amended Contract Agreement after Change Orders = $138,912.83
Net Increase to date = $ 19,117.83
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
September 29, 2010, 4:59PM
G:\GR0UPDAT\ADMINRPT\2010\10-13\CCO 3 Columus and Mt Vernon Signal Mod.doc
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LIFO
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 28, 2010
APPROVED
DEPARTMENT HEAD
2•
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 10-014 with KLM
Construction ($12,389.40; revised not to exceed $80,334.40) for the project
known as Pier Cap Strengthening Beale Avenue Overcrossing (Ward 2).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the replacement of post tensioning rods in the piers of
the Beale Avenue Overcrossing.
During the removal of the old post tensioning rods, it was discovered that the sleeve area in
which these rods were installed had been filled with concrete from a previous seismic retrofitting
project. This resulted in a significant time increase to remove these rods due to unexpected
difficulty caused by this concrete. The contractor has agreed to accept a lump sum price of
$12,389.40 for the additional time and equipment that was necessary to remove these rods.
This is the first change order to be submitted for this project. This change order will increase the
project total by $12,389.40 (which results in an 18.2% increase of the original contract amount) as
illustrated below:
Original Contract Amount = $67,945.00
Amended Contract Agreement after Change Orders = $80,334.40
Net Increase to date = $12,389.40
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
September 29, 2010, 5:04PM
G:\GROUPDAT\ADMINRPT\2010\10-13\CCO 1 Beale Ave Overcrossing Pier Strengthening.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 30, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 93 and 94 to Agreement No. 07-304 with Security
Paving Construction ($27,706.46; revised not to exceed $32,918,653.32) for the State
Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State
Route 178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just
east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 93 is part of the work for the westbound off ramp re-construction being paid
for by PB Americas, the designer of the Interchange Project. The change order is for the removal
of some existing striping on the mainline of SR-178 in the area of the ramp to accommodate
closing the freeway shoulder during ramp re-construction, and then the re-installation of
permanent thermoplastic striping upon completion of the ramp re-construction. These items of
work were not included in the original construction plans that were prepared by PB Americas and
approved by Caltrans to reconstruct the ramp. PB Americas has already provided the funds to
reconstruct this ramp, and this contract change order will be paid for from those funds. This
change order results in a net increase of $13,785.74.
Change Order No. 94 provides for additional highway signs, markers, and paint markings not
shown in the original construction plans, but were requested by Caltrans during a project final
inspection. This change order results in a net increase of $13,920.72.
The net cost increase of Change Order Nos. 93 and 94 is $27,706.46. This provides a total cost
increase of $3,589,207.22 which is a 12.2 % increase as illustrated below:
• Original Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 3,561,500.76
• Current Change Order Nos. 93 and 94 = $ 27,706.46
• Amended Contract Agreement after Change Orders = $32,918,653.32
Net Increase to date = $ 3,589,207.22
GAGROUPDATWDMINRPT\2010\10-13Wdmin Rpt CCO 93-94 Fairfax Interchange Project Rev1 -.docx
Project # T7K021
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ADMINISTRATIVE REPORT
At the May 5, 2010 City Council meeting, staff estimated that there were approximately $500,000
in outstanding change orders for this project. The actual figures are detailed, as follows:
The sum of the change orders brought forward for approval today is $27,706.46, of which
$13,785.74 will be paid by PB Americas as part of the ramp design error issue, This brings the total
amount of change orders to actually be paid by the City since the May 5, 2010 meeting to
$251,237.69.
Deducting this amount from $500,000 leaves a balance of about $249,000 in change orders that
staff projects, but have yet to be substantiated by Security Paving. When confirming information
is received, the change orders will be brought to Council for approval.
G:\GROUPDATWDMINRPT\2010\10-13\Admin Rpt CCO 93-94 Fairfax Interchange Project Rev1 -.docx
Project # T7K021
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ADMINISTRATIVE REPORT
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6.r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 30, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY G~
CITY MANAGER /O
Kern River Upland and River Edge Restoration Project (Ward 3):
1. Accept bid and approve contract to Elite Landscaping, Inc. ($1,664,943.00).
2. Appropriate $314,000 Park Improvement Fund balance (Zone 2 Development
Fees) to the Recreation and Parks Department's Capital Improvement Budget
within the Park Improvement Fund.
3. Amendment No. 3 to Agreement PW10-024 with Quad Knopf, Inc ($18,550.00;
revised not to exceed $49,850.00) for additional environmental services and site
monitoring during construction.
RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract,
appropriation, and amendment.
BACKGROUND: The project consists, in general, of restoring approximately 14.5 acres within the
Kern River Parkway (3,500 linear feet along the Kern River) to its natural condition. Improvements
will include conservation and interpretive enhancements, which will provide the public
opportunities to observe native plants and animals within their natural habitat. Public access will
be provided through formal pedestrian public access points created by the project. Chester
Avenue, two public parks, the Kern River Parkway Trail, and the Kern River itself all provide access
to the Project.
The primary source of funding for this project is State Proposition 50 grant funds. Available funding
from this source is $1.2 million. The local match requirement will be funded by Agricultural Water
funds $275,000. In addition, staff recommends appropriating $314,000 of Zone 2 park
development fees in order to fully fund this project. These three funding sources total $1,789,000.
This available funding exceeds the base bid amount and is needed for the following items:
potential change orders, materials testing, inspection services, Metropolitan Bakersfield Habitat
Conservation fees, fencing, and other miscellaneous costs.
The Engineer's Estimate for this project was $1,694,000.
October 1, 2010, 10:49AM
G:\GROUPDAT\ADMINRPT\2010\10-13\Admin Rpt Kern River Uplands P9C105.doc
Project No. P9C105
ADMINISTRATIVE REPORT
On September 21, 2010, a total of three bids were received; all of these bids are acceptable.
These acceptable bids are as follows:
Elite Landscaping, Inc.
2972 Larkin Avenue
Clovis, CA 93612 in the amount of $1,664,943.00
Cal Fran Engineering, Inc.
990 Enchanted Way, Ste. 106
Simi Valley, Ca 93065 in the amount of $1,842,000.00
JTS Construction
7001 McDivitt Dr., Ste B
Bakersfield, CA 93313 in the amount of $2,169,050.00
This Administrative Report also includes an amendment to Agreement No. PW 10-024 with Quad
Knopf, Inc (Contractor). In January 2010, the City entered into this Agreement with the
Contractor to perform environmental mitigation measures to comply with the California
Environmental Quality Act (CEQA) and other requirements of various regulatory agencies. Due
to the nature of the project, and its proximity to the Kern River, the Contractor's services were
required to coordinate with the California Department of Fish and Game (CDFG), the U.S. Fish
and Wildlife Service (USFWS), the Central Valley Flood Protection Board (CVFPB), and the Army
Corps of Engineers (ACOE). Two previous amendments were added to the original Agreement
to enable the Contractor to perform services beyond the scope of the original Agreement.
Amendment No. 3 is now required to provide additional coordination between the Contractor
and the ACOE, due to the latter's recent increased involvement with the City obtaining an
encroachment permit with the CVFPB. Also, the CDFG and USFWS are requiring that the City
provide full time monitoring by a qualified biologist during construction. Proposed Amendment
No. 3 provides for these additional services which are also beyond the scope of the original
Agreement.
There is no General Fund impact associated with award of this project.
Staff recommends award of the construction contract to Elite Landscaping, approval of $314,000
from park development fees, and approval of Amendment No. 3 to Agreement No. PW 10-024
with Quad Knopf.
October 1, 2010, 10:49AM
G:\GROUPDAT\ADMINRPT\2010\10-13\Admin Rpt Kern River Uplands P9C105.doc
Project No. P9C105
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. 5,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /rte
DATE: September 28, 2010 CITY ATTORNEY I
CITY MANAGERS _
SUBJECT: Accept bid and award contract to Jim Alfter Cement Contractor (not to exceed
$190,577.50) for the annual contract for canal liner repair. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid and award of the contract.
BACKGROUND: Invitations to Bid were sent to over five hundred (500) contractors for the
Annual Contract for Canal Liner Repair for the Water Resources Department. 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. One bid was received from Jim Alfter
Cement Contractor, Bakersfield.
Purchasing staff spoke to the current contract holder regarding his lack of response to the bid
solicitation and found he could not supply the bonds necessary to bid the contract at this
time. The contract is for on-call as-needed services with no minimum work guarantee per
project which isn't feasible for out of town Contractors not already working in the Bakersfield
area.
Staff finds the bid from Jim Alfter Cement Contractor, Bakersfield, to be acceptable and
recommends award of contract in the amount of $190,577.50.
Purchasing Division/kb
SAPURCHWDMINWdmin 10-11 WC Canal Liner Repair, 10-11-29, Jim Alfter, October 13, 2010.docx
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ADMINISTRATIVE REPORT
'~LIF 0
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8,+.
TO
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas - Public Works Director
September 30, 2010
SUBJECT: Accept bid and approve
for Street Improvements:
and Waterline Extension 1
15+75.85 (Ward 6).
CITY ATTORNEY
CITY MANAGER 41
contract to Security Paving Company ($2,104,870.50)
McCutchen Road from Gosford Road to Ashe Road
) Wastewater Treatment Plant #3, Station 9+67.39 to
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: The Wastewater Treatment Plant No. 3 Expansion project required
improvements to adjacent roadways near the Plant. The Street Improvements on McCutchen
Road from Gosford Road to Ashe Road project provides for the required roadway
improvements. This project will construct a new roadway including curb/gutter, sidewalks and
34 feet of pavement on the south half of McCutchen Road from Gosford Road to Ashe Road.
The curb/gutter will be constructed at ultimate width. The westbound traffic will be moved
onto the south half of the roadway until future development constructs the north half of the
roadway. In addition, the project will construct a box culvert at the intersection of Gosford
Road and McCutchen road to cross the Stine Branch II canal and extend a 16" water main
from Waste Water Treatment Plant No. 3 to the west side of Gosford Road . There are sufficient
funds budgeted to award this contract. The engineer's estimate for this project was $2,950,000.
On September 28, 2010, six bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Security Paving Company
9050 Norris Avenue
Sun Valley, CA 91352 In the amount of $2,104,870.50
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) In the amount of $2,203,713.00
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, CA 93308 (City) In the amount of $2,213,255.90
C.A. Rasmussen
28548 Livingston Avenue
Valencia, CA 91355 In the amount of $2,260,755.90
APPROVED
DEPARTMENT HEAD
September 30, 2010, 9:32AM
G:\GR0UPDAT\ADMINRPT12010\10-13\Admin Rpt Street Improv McCutchen Road E8K102.doc
ADMINISTRATIVE REPORT
American Paving Company
315 N. Throne Avenue
Fresno, CA 93706
Granite Construction
585 W. Beach Street
Watsonville, CA 95076
In the amount of
In the amount of
There is no General Fund impact associated with this project.
NF Design E8K102
$2,319,167.40
$2,411,656.50
September 30, 2010, 9:32AM
G:\GROUPDATIADMINRPT\2010\10-13\Admin Rpt Street Improv McCutchen Road E8K102.doc
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: . LL
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas - Public Works Director
September 29, 2010
Accept bid and approve contract to Griffith Company ($2,800,112.00) for Street
Improvements: Gosford Road from Taft Highway to McCutchen Road (Ward 6).
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER AS
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: The Wastewater Treatment Plant No. 3 Expansion project required
improvements to adjacent roadways near the Plant. The Street Improvement on Gosford Road
from Taft Highway to McCutchen Road project provides for the required roadway
improvements. This project will demolish the existing two lane roadway and construct the east
half of Gosford Road from Taft Highway to McCutchen Road to ultimate width. The
southbound traffic will be moved onto the east half of the roadway until future development
constructs the west half of the roadway. In addition, the project will construct a 54" irrigation
main from Taft Highway to just south of McCutchen Road. This irrigation main will underground
the Stine Branch II canal on the east side of Gosford Road. There are sufficient funds
budgeted to award this contract. The engineer's estimate for this project was $3,420,000.
On September 23, 2010, six bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) In the amount of $2,800,112.00
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, CA 93308 (City) In the amount of $2,841,991.00
Granite Construction
585 W. Beach Street
Watsonville, CA 95076 In the amount of $3,046,189.00
Security Paving Company
9050 Norris Avenue
Sun Valley, CA 91352 In the amount of $3,144,724.00
G:\GROUPDAT\ADMINRPT\2010\10-13\Admin Rpt Street Improv Gosford Road M102.doc
ADMINISTRATIVE REPORT
C.A. Rasmussen
28548 Livingston Avenue
Valencia, CA 91355
Bowman Asphalt
3527 Brian Way
Bakersfield, CA 93308 (County)
In the amount of
In the amount of
There is no General Fund impact associated with this project.
NF Design E8K102
$3,353,752.00
$3,573,903.00
G:\GR0UPDAT\ADMINRPT\2010\10-13\Admin Rpt Street Improv Gosford Road E8K102.doc
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ADMINISTRATIVE REPORT
1F0
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8a.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD
DATE: September 30, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $1,813,325 North of the River's (NOR) Park Development Fees to the
Recreation and Parks Department's Capital Improvement Budget within the Park
Improvement Fund for the Polo Community Park Project (Ward 4).
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Polo Community Park is a North of the River (NOR) project. The facility will be a 40-acre
community park located at the south-east corner of Old Farm Road and Noriega. NOR staff have
indicated the project is nearing completion. The project needs additional funding to meet fiscal
requirements. The City has collected Park Development Fees on behalf of NOR and has held
them in a separate trust account within the Park Improvement Fund.
An additional appropriation is necessary in order to fund NOR's Polo Community Park project.
Staff recommends appropriating $1,813,325 from NOR's Park Development Fees within the Park
Improvement Fund to this project. Upon this additional appropriation, the City's fiduciary
responsibilities for this project shall be fully satisfied. There is no General Fund impact associated
with this appropriation.
jln
September 30, 2010, 9:47AM
SA ADMINISTRATION DIVISIONAdmin Rpts\2011 AdminsAdmin Rpt NOR Polo Park P2C116.doc
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LIFO
MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6, W,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 13, 2010
Proposed Modifications to Projects Funded with Proposition 1 B, State
Transportation Revenue Funds (Wards 1, 2, 6, and 7):
1. Transfer $100,778 from savings realized on Street Improvements, Stockdale
Highway from Country Club Entrance to Ashe Road and from California
Avenue to Weatherly Drive Project to fund Traffic Signal Modification on
Stockdale Highway at Montclair Street within the Gas Tax Fund.
2. Transfer $225,000 from savings realized on Street Improvements, Stockdale
Highway from Country Club Entrance to Ashe Road and from California
Avenue to Weatherly Drive Project to fund Pavement Rehabilitation on Stine
Road from Panama Lane to Pacheco Road within the Gas Tax Fund.
3. Appropriate $100,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget to fund the balance of estimated costs for the
Pavement Rehabilitation on Stine Road from Panama Lane to Pacheco Road
Project.
4. Transfer $133,817 from a budgeted Public Works Capital Improvement Project
(Street Improvements - White Lane from Dovewood to Wible Road) to
Stockdale Highway project within the Gas Tax Fund.
PP~ ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of transfers and appropriation.
BACKGROUND: Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality and Port
Security Act of 2006, passed in November 2006. The bond, part of a $40 billion infrastructure
bond package, provided $19.92 billion for various transportation projects to rebuild California,
and in particular included $1 billion for California cities to spend on local transportation priorities.
In Fiscal Year 2007-08, cities received $550 million of those funds. The City of Bakersfield's share
was $5,212,159 and was used for the Allen Road Bridge at Kern River project. In Fiscal Year
2008-09, cities received the remainder of $441 million. The City of Bakersfield's share of this
second allocation was $4,804,995. At the November 19, 2008 City Council meeting, $2.5 million
of the Fiscal Year 2008-09 Proposition 1 B funds was allocated for Street Improvements, White
Lane from Dovewood Street to Wible Road and $2,304,995 was allocated for Street
Improvements, Stockdale Highway from Country Club Entrance to Ashe Road and from
California Avenue to Weatherly Drive Project.
13AK
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ADMINISTRATIVE REPORT
l' ^WRY i,
LIFO
At the June 10, 2009 City Council meeting, $616,000 of savings realized on the White Lane
project was transferred to the Stockdale project. Both projects are now complete with savings
of $325,778 available for other eligible Proposition 1B projects. Staff proposes to utilize the
savings of $325,778 as follows:
• Subject Item 1: The Traffic Signal Modification on Stockdale Highway at Montclair Street
should have been included in the original scope of work for the median narrowing
project. Allocating $100,778 of the Proposition 1 B funds to this project will provide funding
to purchase the new traffic signal mast arms and have them installed by a contractor.
This project will help to reduce congestion in the area.
• Subject Items 2 and 3: The Pavement Rehabilitation on Stine Road from Panama Lane
to Pacheco Road is primarily funded with federal funds. However, a portion of this road
segment was previously resurfaced in 2003 using federal funds. This segment is now in
need of reconstruction. However, the federal program which provided the funding for
this project precludes using federal funds again on the same segment within ten years.
Estimated costs to resurface this segment are $325,000. Staff proposes to utilize the
remaining $225,000 of Proposition 1 B savings and $100,000 from available Gas Tax Fund
balance.
Subject Item 4: As noted earlier in this Administrative Report, savings of $616,000 were
transferred from the White Lane Project to the Stockdale Project at the June 10, 2009 Council
meeting. On top of this $616,000, additional savings of $133,817 were also realized on the White
Lane Project. This savings of $133,817 was transferred to the Stockdale Highway Project through
the budget transfer process which requires City Manager approval. In retrospect, the savings of
$133,817 should have come before the City Council for action since Proposition 1 B funds were
involved. This Administrative Report includes the transfer of $133,817 from the White Lane
Project to the Stockdale Project.
There is no General Fund impact associated with any of the proposed modifications to projects
funded with Proposition 1 B funds.
PW / Design Engineering / ADR & GL
T31(053 - Stockdale
TOK231 -Stine
G:\GROUPDAT\ADMINRPT\2010\10-13\Admin Rpt Prop 1 B Additional Projects.Docx
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ADMINISTRATIVE REPORT
ALIFO
MEETING DATE: October 13, 2010 AGENDA SECTION: Hearings
ITEM: q. a_,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: _ September 30, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY h
CITY MANAGER K~J
SUBJECT: A public hearing to consider the Resolution ordering the vacation of the Waiver
of Direct Access along Parcel 1 of Parcel Map 10898 located at 3707 Coffee
Road. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the Waiver of Direct
Access along Parcel 1 of Parcel Map 10898 located at 3707 Coffee Road.
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 this
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 vacated area. Public Works has received no objections from these owners as of
the date of this report.
On July 2, 2010, the Planning Department found the proposed vacation of the Waiver of Direct
Access along Parcel 1 of Parcel Map 10898 located at 3707 Coffee Road to be consistent with
the Metropolitan Bakersfield 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.
Resolution of Intention No. 1673 declaring intention to order said proposed vacation was
adopted by City Council at the regular meeting of July 21, 2010.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
SEPTEMBER 30, 2010, 4:02:11 PM
G:\GROUPDAT\ADMINRPT\2010\ 10-13\3707 COFFEE RD WAIVER OF DIRECT ACCESS VACATION
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10
MEETING DATE: October 13, 2010 AGENDA SECTION: Hearings
ITEM: q . b .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 30, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Public Hearing to consider the Resolution ordering the Summary Vacation of a
portion of the flowage and drainage easement recorded June 9, 2009 as
Document No. 0209083623 of official records in the Office of the Kern County
Recorder, located at the southwest corner of Polo Community Park on Old Farm
Road. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate a portion of the flowage
and drainage easement recorded June 9, 2009 as Document -No. 0209083623 of official records
in the Office of the Kern County Recorder, located at the southwest corner of Polo Community
Park on Old Farm Road. This portion is being vacated due to a utility conflict with the proposed
catch basin at this location. Drainage flow will be directed to a catch basin downstream. See
the attached plat with the area to be vacated shown in red.
This summary vacation is eligible per Section 8334 of the Streets and Highways Code which
authorizes the City Council to summarily vacate excess easements as described above which
are not needed for public purposes.
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 facilities within that portion of
the storm drain easement being vacated. The City storm drain pipe that lies within the easement
being vacated will be abandoned in place.
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 vacated area. Public Works has received no objections from these owners as of
the date of this report.
September 30, 2010, 4:02:48 PM
G: \ GROUPDAT\ADMINRPT\201 0\ 10- 1 3\Flowage and Drainage Easement Summary Vacation
ADMINISTRATIVE REPORT
On September 14, 2010, the Planning Department found the proposed summary vacation of a
portion of the flowage and drainage easement recorded June 9, 2009, as Document No.
0209083623 of official records in the Office of the Kern County Recorder, located at the
southwest corner of Polo Community Park on Old Farm Road, to be consistent with the
Metropolitan Bakersfield 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.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
September 30, 2010, 4:02:48 PM
G:\GR0UPDAT\ADMINRPT\2010\ 10-13\Flowage and Drainage Easement Summary Vacation
BA
U ADMINISTRATIVE REPORT
10
MEETING DATE: October 13, 2010 AGENDA SECTION: Hearings
ITEM: c1. c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
September 24, 2010
General Plan Amendment No. 10-0334. (Metro-Wide, Wards 1-7)
The City Public Works Department proposes a text amendment to the Circulation
Element of the Metropolitan Bakersfield General Plan relating to Freeways.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER- &
Resolution approving the Notice of Exemption, adopting the general plan
amendment to change the text to the Circulation Element of the
Metropolitan Bakersfield General Plan relating to Freeways as depicted on
Exhibit A attached to the resolution.
RECOMMENDATION:
Staff recommends adoption of a resolution approving a Notice of Exemption and approving
the general plan amendment to the Circulation Element.
BACKGROUND:
The City Public Works Department is proposing a general plan amendment to modify the
existing text in the Circulation Element of the Metropolitan Bakersfield General Plan. The
modification to the text applies to the Freeways subsection and does not modify or add
additional freeway alignments to the existing Circulation Map. The new text incorporates the
established future freeway routes into a "Bakersfield Beltway System". The Bakersfield Beltway
System consists of five freeways; the Route 58 Connector freeway, the Westside Parkway
freeway (these two freeways together make up the Centennial Corridor), the West Beltway
freeway, the South Beltway freeway, and the North Beltway freeway. The text amendment will
clarify and allow flexibility in utilizing federal funding for the future beltway system within the
Metropolitan area. Eventually, these projects will be constructed and joined to complete a
circulation system throughout the Metropolitan Bakersfield area. This proposal constitutes a
minor revision to the existing Circulation Element text.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment on September 16, 2010, and recommended approval to the City Council. No
public agency or person from the public spoke in opposition of the proposed request.
Staff finds that there is no possibility that the text change will have a significant environmental
impact; therefore, a Notice of Exemption was prepared in accordance with CEQA.
JE:dl \S:\GPAs\GPA 3rd 2010\10-0334 (CIR Amend)\Admin SR\Admin Report.doc
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MEETING DATE: October 13, 2010 AGENDA SECTION: Consent Calendar Hearings
ITEM: q. d.
TO: Honorable Mayor and City Council
FROM: Art Chianello, Water Resources Manager
DATE: September 30, 2010
APPROVED
DEPARTMENT HEAD lyl'C
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider a Resolution setting Domestic Water Availability Fee for Ashe,
Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System.
(Portions of Wards No. 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: California Government Code Section 66016 requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. It also requires a local
agency to hold at least one open and public meeting regarding the increase. A public hearing to accept
testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield
on Wednesday, October 13, 2010. A notice of public hearing on the proposed increase in the domestic
Water Availability Fee on the City of Bakersfield Domestic Water System will be published twice in the
local general circulation newspaper on September 28th and October 3rd. As of the close of business on
September 29, 2010, the City Clerk and or Water Resources Department have received 0 telephone
calls or letters protesting or commenting on the fee increase.
The current Water Availability Fee charged to ensure water will be available for new development (cost of
funding water well construction, purchase of land for recharge facilities, etc.) is $5,450 per acre. The per
acre fee is approximately equivalent to an increase in the one-time charge of $72 on a single family
dwelling. The new Water Availability Fee is to be set at $5,664 per acre to offset increased cost over last
year in accordance with the construction cost index as defined in the Bakersfield Municipal Code. The new
fee will increase 3.9% and is proposed to be effective January 1, 2011. The fee has not been adjusted
since January 1, 2010.
This item was presented and unanimously approved at the Water Board meeting on September 15, 2010
and staff is forwarding the resolution to the City Council for approval.
SA2009 ADMIN REPORMOct7availFeeinc.doc
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ADMINISTRATIVE REPORT
MEETING DATE: October 13, 2010 AGENDA SECTION: Closed Session
ITEM: I5. G,, j b.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: September 30, 2010
DEPARTMENT HEAD
APPROVED
✓6
CITY ATTORNEY ✓~f
CITY MANAGER GJ
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• State Water Resources Control Board
Reference No. KMG:A31674
• North Kern Water Storage District, et al. v. State Water Resources Control
Board; City of Bakersfield
Kern County Superior Court Case No. S-1500-CV-270613-KCT
Conference with Legal Counsel - Potential Litigation
Closed session pursuant to Government Code section 54956.9(b) (1) (3) (A)
(One matter)
VG:Isc
S:\COUNCIL\CI Sess\Admins\10-11\10-13-10Exist&PotLit.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 22, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
City Clerk Gafford announced that, at staff's request, Closed
Session Item 10.a. was pulled from the Agenda.
2. INVOCATION by Pastor John May, Rio Bravo Valley
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Stephan Potter, 7th grade
student at Fruitvale Jr. High School.
Mayor Hall acknowledged the political science classes from
CSUB and Bakersfield College in attendance at the meeting
to learn about City government.
4. WORKSHOPS
None.
5. PRESENTATIONS
a. Presentation by Councilmember Benham of
Proclamation to Antonia Valpredo declaring
October 3, 2010, Luigi's Day.
Ms. Valpredo accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of Proclamation to
Links for Life representatives declaring October,
2010, Paint the Town Pink Month.
Stacy Crooks received the Proclamation and
made comments.
ACTION TAKEN
Bakersfield, California, September 22, 2010 - Page 2
5. PRESENTATIONS continued
c. Presentation by Mayor Hall of Proclamation to
Brian Mendiburu declaring October 10, 2010,
Nancy Ann Mendiburu Cancer Fighter Day.
Mr. Mendiburu accepted the Proclamation and
made comments.
6. PUBLIC STATEMENTS
a. Billy Owens, President of the City of Bakersfield
Blue and White workers; Guy Bowers, Anti-
Graffiti Program employee; Tiffany Horton, GIS
Department employee; Michael Hollon, IT
Division employee, spoke regarding Deferred
Business Item 14.a.; and Mr. Owens made a
PowerPoint presentation.
b. Empress Nontsikelelo, spoke regarding the
Southeast Bakersfield Community Emergency
Response Team Disaster Preparedness Expo on
October 23, 2010, at the Martin Luther King
Community Center, and provided handouts.
C. Marvin Dean spoke regarding Consent
Calendar items 8.c., d., I., m., x., and Deferred
Business item 14.a.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 8, 2010
Regular City Council Meeting.
Payments:
ACTION TAKEN
C. Approval of department payments from ABS WEIR, COUCH
August 27, 2010 to September 9, 2010 in the
amount of $21,709,906.92 and self-insurance
payments from August 27, 2010 to September 9,
2010 in the amount of $152,842.03.
Ordinances:
None.
Bakersfield, California, September 22, 2010 - Page 3
8. CONSENT CALENDAR continued
Resolutions:
C. Resolution authorizing the application for State
grant funds ($1,400,000) for the Parkview
Cottages and participation in the Building
Equity and Growth in Neighborhoods (BEGIN)
Program including execution of a standard
agreement or other documents to secure
funding from the California Department of
Housing and Community Development (HCD).
d. Resolution authorizing the application for State
grant funds ($1,800,000) and participation in the
Building Equity and Growth in Neighborhoods
(BEGIN) Program for the Creekview Villas
including execution of a standard agreement
or other documents to secure funding from the
California Department of Housing and
Community Development (HCD).
e. Resolution confirming approval by the City
Manager designee 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.
Resolution supporting preparation of a new
Metropolitan Bakersfield Habitat Conservation
Plan and extensions of time of the current
plan's existing permits with the U.S. Fish and
Wildlife Service and the California Department
of Fish and Game. (Planning & Development
Committee)
g. Resolution of Intention No. 1674 to form a Traffic
Signal Maintenance District designated at TS-21
(Stockdale, Allen SE & NE) and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
ACTION TAKEN
RES 111-10
RES 112-10
RES 113-10
RES 114-10
ROI 1674
Bakersfield, California, September 22, 2010 - Page 4
a.
CONSENT CALENDAR continued ACTION TAKEN
h. Resolution of Intention No. 1675 to add territory, ROI 1675
Area 2-45 (12225 & 12775 Stockdale Highway)
to the Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
2011
Healthcare Agreements:
1.
Agreement with Anthem Blue Cross for
AGR 10-133
PPO health insurance for eligible
employees.
2.
Agreement with Anthem Blue Cross for
AGR 10-134
PPO health insurance for eligible retired
employees.
3.
Agreement with Anthem Blue Cross for
AGR 10-135
HMO medical insurance for eligible
employees.
4.
Amendment No. 2 to Agreement
AGR 08-164(2)
No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance for
Medicare eligible retired employees.
5.
Amendment No. 6 to Agreement
AGR 05-417(6)
No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible employees.
6.
Agreement with Kaiser Permanente -
AGR 10-136
Managed Care Health Plans for medical
insurance for eligible retired employees.
7.
Agreement with Kaiser Permanente -
AGR 10-137
Managed Care Health Plans for medical
insurance for Medicare eligible retired
employees.
8.
Agreement with Medical Eye Services
AGR 10-138
(MES) for vision insurance for eligible
employees.
9.
Agreement with Medical Eye Services
AGR 10-139
(MES) for vision insurance for eligible
retired employees.
Bakersfield, California, September 22, 2010 - Page 5
8. CONSENT CALENDAR continued
Item 8.i. continued
10. Agreement with Pacific Union Dental for
pre-paid dental insurance for eligible
employees.
11. Agreement with Pacific Union Dental for
pre-paid dental insurance for eligible
retired employees.
12. Agreement with PacifiCare Behavioral
Health of California for emotional
health care insurance for eligible
employees.
13. Agreement with PacifiCare Behavioral
Health of California for emotional health
care insurance for eligible retired
employees.
14. Amendment No. 4 to Agreement
No. 06-337 with Fort Dearborn Life
Insurance Co. for life insurance for
eligible employees.
15. Amendment No. 3 to Agreement
No. 08-019 with HealthComp, Inc. for any
employee unreimbursed medical and
dependent care expenses under IRS
Section 125.
j. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Amendment No. 4 to Agreement
No. 06-388 with Jacobs Project
Management Co. ($30,000; revised not
to exceed $7,930,000) for additional
construction management services for
the project and assignment of
agreement to Jacobs Project
Management Co. (previously Jacobs
Civil, Inc.)
2. Appropriate $30,000 Sewer Enterprise
fund balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department Capital Improvement
Budget to fund this amendment.
ACTION TAKEN
AGR 10-140
AGR 10-141
AGR 10-142
AGR 10-143
AGR 06-337(4)
AGR 08-019(3)
AGR 06-388(4)
Bakersfield, California, September 22, 2010 - Page 6
8. CONSENT CALENDAR continued
Amendment No. 3 to Agreement No. 07-184
with Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P.
($50,000; revised not to exceed $200,000) to
provide outside legal services for
right-of-way/eminent domain cases for the
Westside Parkway. (TRIP)
Contract Change Order Nos. 2 and 3 to
Agreement No. 08-214 with Security Paving
Co., Inc. ($414,396; revised not to exceed
$28,219,665.81) for the construction of the
Westside Parkway Phase I Project. (TRIP)
M. Contract Change Order No. 6 to Agreement
No. 09-076 with Security Paving Co., Inc.
($61,463.25; revised not exceed $78,014,098.47)
for the construction of the Westside Parkway
Phase II Project. (TRIP)
n. Contract Change Order No. 1 to Agreement
No. 10-021 with Turnupseed Electric Service, Inc.
($22,152.87; revised not to exceed $130,217.87)
for the Traffic Monitoring Cameras 08-09
Project.
Bids:
o. Accept bid from Kelly Equipment
($1,455,312.98) for five replacement rear broom
street sweepers for the Streets Division.
P. Accept base bid and additive alternate from
Cummins West, Inc. ($61,495.34) for the engine
replacement on a 1996 Champion 710A motor
grader in use in the Streets Division.
q. Accept bid from Coastline Equipment
($50,317.50) for the engine replacement on a
1982 John Deere JD770A motor grader in use in
the Solid Waste Division.
ACTION TAKEN
AGR 07-184(3)
AGR 08-214
0002, 0003
AGR 09-076
0006
AGR 10-021
CCO1
Bakersfield, California, September 22, 2010 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
r. Side loading refuse truck for the Solid Waste
Division:
1. Accept bid from Golden State Peterbilt,
($306,203.05) for one additional side
loading refuse truck.
2. Transfer $306,203 from the Refuse Fund to
the Equipment Management fund to
facilitate the purchase of the additional
refuse truck.
S. Accept bid from Quinn Co. ($55,187.26) for the
engine replacement on a 1995 Caterpillar IT28F
loader in use in the Water Resources
Department.
t. Accept bid and additive alternate from Quinn
Co. ($157,563.29) for the engine replacement
on a 1996 Caterpillar D8R tractor in use in the
Water Resources Department.
U. Accept bid and approve annual contract with AGR 10-144
Ennis Paint, Inc. ($148,221.31) for the supply of
traffic paint.
V. Accept bid and approve contract with
Graham Prewett, Inc. ($272,000) for the roof AGR 10-145
replacement at City Hall South.
W. Accept bid and approve annual contract with AGR 10-146
Bowman Asphalt, Inc. (not to exceed
$6,992,484.53) for the supply of street materials.
Miscellaneous:
Appropriate $600,000 Southeast
Redevelopment Project Area Fund Balance -
$500,000 to Capital Improvement Budget -
Street Improvements for South Mill Creek
Village and $100,000 to the Operating Budget
for Land and Improvements within the
Southeast Redevelopment Fund.
Y. Appropriate $203,793 Federal Grant Revenues
(Edward Byrne Memorial Justice Assistance
Grant from the U.S. Dept. of Justice) to the
General Fund Police Operating Budget for
crime analysis software and directed policing
overtime.
8.
Bakersfield, California, September 22, 2010 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Appropriate $30,000 Federal Grant Revenues
(Arrive Alive Sober Driving Coalition II,
Bakersfield Eastside DUI Corridor Safety Project,
Grant No. AL10109 from State Office of Traffic
Safety) to the General Fund Police Operating
Budget to fund overtime for traffic enforcement
strategies along State Routes 178 and 58 within
the greater Bakersfield area.
9.
10.
11.
12.
13.
City Clerk Gafford announced correspondence was
received from Bakersfield Firefighters Labor
Organization and staff regarding Consent Calendar
item 8.o.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
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.b.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.z.
CONSENT CALENDAR PUBLIC HEARINGS
None.
CLOSED SESSION
a. Conference with labor negotiator pursuant to PULLED FROM
Government Code Section 54957.6. AGENDA
CLOSED SESSION ACTION
None.
HEARINGS
None.
REPORTS
None.
Bakersfield, California, September 22, 2010 - Page 9
14. DEFERRED BUSINESS ACTION TAKEN
a. Impasse Hearing for Fire Labor negotiations
pursuant to Municipal Code Section
2.76.130. (item heard at 09/08/10 meeting.)
1. Resolution approving adoption of terms RES 115-10
and conditions of employment for the
Firefighters and Engineers Unit and the
Fire Supervisory Unit of the Fire
Department.
City Clerk Gafford announced this item was heard at
the Council Meeting of September 8th, and
correspondence was received from Bakersfield
Firefighters Labor Organization and staff regarding this
item.
Hearing opened at 5:45 p.m.
City Manager Tandy made staff comments and
recommended the imposition of the last, best and
final offer staffing removal language, because of the
multiple layers of financial difficulty, as outlined in the
Resolution.
Tom Sharp, spokesperson and Chief Negotiator for
BFLO, spoke in opposition and proposed holding in
abeyance the totality of the staffing language and to
allow modification of that staffing language during
the term of a one-year contract, and address these
issues during labor negotiations in five months.
City Manager Tandy made rebuttal comments in
support of the staff recommendation.
Tom Sharp made rebuttal comments in opposition to
the staff recommendation.
Robert Melton, Bakersfield Firefighters Labor
Organization president, made rebuttal comments in
opposition to the staff recommendation.
Hearing closed at 6:14 p.m.
Motion by Councilmember Weir to approve staff's
recommendation of the imposition of the last, best and
final offer which would allow for the removal of staffing
language contained in the BFLO contract.
Bakersfield, California, September 22, 2010 - Page 10
14. DEFERRED BUSINESS continued
Item 14.a. continued
Councilmember Hanson announced he would support
the motion.
Councilmember Benham stated that she was not
convinced that a decision is necessary this evening.
Councilmember Couch announced for the record that
the action from the staff recommendation to remove
the staffing language is not just so Fire Management
staff or the City Administration or the City Council can
gain control, it is to address the City's budget shortfall
and to keep the already adopted budget in balance.
Councilmember Sullivan advised she would support
the motion.
Councilmember Benham announced that, having
listened to her colleagues this evening, she does not
think there is any point in holding out for a further
delay in making a decision on this matter.
ACTION TAKEN
City Attorney Gennaro re-stated the motion as follows: APPROVED
Councilmember Weir made a motion to move staff
recommendation, and that recommendation is
highlighted in the Administrative Report dated
September 22, 2010, which is that "staff recommends
Council adopt the Resolution imposing the last, best
and final offer, as presented by the City to the
Bakersfield Firefighters Labor Organization on August 2,
2010, and again on August 11, 2010, and is provided In
the attached Terms and Conditions of Employment".
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked Police and Public
Works staff to look into a parking enforcement issue
at Cay Health Food Store on 18th Street.
Councilmember Benham asked staff to respond to
correspondence from the Kern Veterans Memorial
Foundation.
Bakersfield, California, September 22, 2010 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
In response to a request by Councilmember Hanson
Public Works Director clarified a comment made
during Public Statements regarding Consent Calendar
Item 8.1. and m.
Councilmember Couch announced he would like to
speak to Water Resources Manager Chianello after the
meeting.
Mayor Hall announced that the Mayor's Freeway Lifter
Pickup Program will recommence on October 23rd,
and he provided the Council with a memorandum that
identifies all of the dates and invited anyone to
participate; encouraged the community to help by not
littering; and asked Police Department staff to make a
concerted effort to enforce the law regarding
uncovered loads.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:08 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield